CSS RFQ 75N95021Q00147 and Attachments.pdf

COMBINED SYNOPSIS / SOLICITATION-COMPETITIVE

Title: Qualtrics Bariatric Surgery (QBS) Project.

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (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 separate written solicitation will not be issued.

2. The solicitation number is 75N95021Q00147 and the solicitation is issued as request for quotation (RFQ).

This acquisition is for a commercial item or service and is conducted under the authority of the FAR Part 13 —Simplified Acquisition Procedures; and FAR Part 12—Acquisition of Commercial Items.

The Clinical Psychoneuroendocrinology and Neuropsychopharmacology (CPN) laboratory of the NIH/NIDA IRP requires contracted support for web-based survey distribution and data collection to conduct research via a survey platform that provides secure data collection that has been thoroughly vetted for cybersecurity by the United States FedRamp program. The survey platform shall have mobile, tablet and computer online capabilities and interface with the FedRamp Qualtrics software system currently in utilized by NIDA IRP and CPN.

3. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-05, dated 03-10-2021.

4. NAICS Code: The associated NAICS code 511210, and the small business size standard

$41,500,000. This requirement is not a total small business set-aside.

5. Line Items: NIDA anticipates the use of a Firm-Fixed-Price type contract as a result of this solicitation.

NIDA also anticipates the use of an Option for Increased Quantity in accordance with the Federal Acquisition Regulation (FAR) 52.217-7 Option for Increased Quantity – Separately Priced Line Items (Mar 1989).

It is anticipated that this contract will consist of a 12-month Base Period. This period of performance will allow for the greatest flexibility given the program needs and funding availability. It is estimated that the Base Period will begin on June 18, 2021 and run through June 17, 2022.

Below is a table that contains a list of line item number and description of the requirement for the anticipated award of the Base Period.

Line No. Description 1 FY21. Base Period. Qualtrics Bariatric Surgery (QBS) Project. June 18, 2021 – June

17, 2021.

6. Project Requirements: Independently and not as an agent of the Government, the Contractor shall provide NIH Investigators with data from a minimum of 1000 survey respondents who had bariatric surgery within 10 years of receiving the survey link.

Additionally, 20% of those respondents must have had the surgery within the past 2 years.

The Contractor shall provide conduction of the recruitment and facilitation of the participant sample (consent, distribution, data collection, remuneration, and communicating as a liaison between the NIH and the panelists). The Contractor shall manage the distribution of the survey, ensure that all protocol Inclusion/Exclusion criteria (provided by CPN) are met, and protect personally identifiable information (PII). Establish an anonymous ID for each respondent in order to keep track of participants. This anonymous ID links to a respondent profile. No PII shall be delivered to NIH Investigators. The Contractor shall integrate the responses into the Qualtrics Core XM survey software and deliver the de-identified data from respondents to NIH Investigators via a .csv file. Once receipt is confirmed by NIH Investigators, the Contractor shall delete the data and therefore, no longer have access to the data. The Contractor shall also delete IP addresses of any respondents upon confirmation of receipt of data by NIH Investigators.

The Contractor shall protect all sensitive protected health information (PHI) or personally identifiable information (PII) collected while performing the required services through the use an anonymous ID in order to keep track of participants. This anonymous ID links to a respondent profile. The Contractor shall not have access to respondents PII.

Sensitive PHI/PII shall not be transferred to, nor shared with NIH Investigators. Any data collected must be deidentified or coded so that the code cannot be linked to participants by NIH Investigators.

Please see Attachment 1 – Statement of Work for the complete description and details of the requirement.

As part of the Technical Quote, the Offeror shall include the following:

a. Offerors are required to demonstrate their ability to provide FedRamp certified software and recruitment and facilitation of participant sample services.

b. Statement of Understanding and Technical Approach – The Offeror shall provide a Statement of Understanding that describes its experience and understanding of the project goals and objectives as described in the SOW. The Statement of Understanding and Technical Approach should present a clear and comprehensive description of the procedures and methodology to be employed in order to accomplish all of the tasks and requirements as described in Attachment 1 – Statement of Work. Offerors must also provide clear and convincing documentation of their capability of providing the FedRamp Certified products and services specified in this notice.

c. Contract Management Plan - The Offeror shall include a description of its approach to contract management and customer. Offerors should provide a description of its level of customer services offered and describe the responsiveness and resolution of software problems and customizations based on the NIDA requirements.

d. Past Performance Information – The offeror shall provide a list of two (2) past performance references with knowledge of the offeror’s relevant skills and experience related to the requirements outlined in the SOW. References shall include the following information:

i. Name of Organization

ii. Description of Offeror’s responsibilities as they relate to this SOW

iii. Contract Period of Performance

iv. Contact Name and Title

v. Telephone Number

vi. E-mail address

e. Option Quantities – The Offeror shall describe its approach to provide programmatic support through the Option Quantities as described in the Statement of Work. Through the Options for Increased Quantity, the Contractor may be required to provide additional support.

f. Section 508 Compliance – As applicable the Offeror must demonstrate compliance with the "Electronic and Information Technology Accessibility Provisions" set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the "Access Board") in 36 CFR part 1194 for all electronic and information technology (EIT) products and services developed, acquired, maintained, or used under this contract/order, including EIT deliverables such as electronic documents and reports.

7. The anticipated period of performance for the order shall be June 18, 2021 through June 17, 2021. All Program deliverables are detailed in Attachment #1 – Statement of Work.

8. The provision at FAR clause 52.212-1, Instructions to Offerors – Commercial Items, applies to this acquisition.

9. The award resulting from this solicitation will be made to the responsible Offeror whose quote is most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotations: Technical Criteria, Price, Options, and Section 508 compliance.

A tradeoff process shall be used for this acquisition because it has been determined to be in the best interest of the Government to consider award to other than the lowest priced Offeror or other than the highest technically rated offeror. All evaluation factors and significant sub-factors are listed below in terms of their relative importance. Technical Factors and Past Performance when combined, are significantly more important than price.

Evaluations will be based on the demonstrated capabilities of the prospective Offeror in relation to the needs of the project. The merits of each quote will be evaluated carefully.

Each quote must document the feasibility of successful implementation of the requirements of this solicitation. The Offeror must submit information sufficient to evaluate its quotes based on the detailed factors listed below.

a. Technical Evaluation Criteria

i. Technical Factor 1: Technical Approach

NIDA shall evaluate the offeror’s quote and its ability to demonstrate a comprehensive understanding of the requirements defined in the SOW. NIDA shall evaluate the offeror’s technical approach for completeness, feasibility, soundness and practicality of the proposed approach and work plan for accomplishing the requirements of the SOW.

ii. Technical Factor 2: Contract Management and Customer Support

The offeror’s approach to contract management and customer support shall clearly demonstrate the offeror’s ability to provide a high level of customer service, particularly in the area of initial responsiveness and resolution of software problems and customizations based on the NIDA approved protocol.

Specifically, NIDA will evaluate the Offeror’s capability to meet the survey distribution and administration requirements specified in the SOW.

iii. Technical Factor 3: Past Performance

Offeror’s quote shall be evaluated regarding sufficient details of the respondents’ prior completed projects of a similar nature utilizing Qualtrics research support services and corporate experience providing the services outlined herein.

Ability to send the Qualtrics generated survey link to qualified panel participants and to integrate completed data with Qualtrics Core XM software.

The offeror shall provide a list of two (2) past performance references with knowledge of the offeror’s relevant skills and experience related to the requirements outlined in this SOW. References shall include the following information:

i. Name of Organization

ii. Description of Offeror’s responsibilities as they relate to this SOW

iii. Contract Period of Performance

iv. Contact Name and Title

v. Telephone Number

vi. E-mail address

Past Performance shall be evaluated for relevance to the current requirement.

iv. Mandatory Criteria

FedRamp certified software and recruitment and facilitation of participant sample services.

b. Evaluation of Options

It is anticipated that any contract(s) awarded from this solicitation will contain option provision(s) and period(s). In accordance with FAR Clause 52.217-5, Evaluation of Options, (July 1990), the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement, except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests. Evaluation of options will not obligate the Government to exercise the option(s). However, this evaluation will not be conducted on any offeror whose Quote is determined to be technically unacceptable.

c. Evaluation of Electronic and Information Technology Accessibility - Section 508

If applicable the Offeror's quote must demonstrate compliance with the "Electronic and Information Technology Accessibility Provisions" set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the "Access Board") in 36 CFR part 1194 for all electronic and information technology (EIT) products and services developed, acquired, maintained, or used under this contract/order, including EIT deliverables such as electronic documents and reports.

If your quote does not include a completed HHS "Section 508 Product Assessment Template" (hereafter referred to as the "Template") which demonstrates that EIT products and services proposed support applicable Section 508 accessibility standards, or, if the completed "Template" included in your quote is considered "noncompliant," and the Government includes your quote in the competitive range (for competitive quotes), or if the Government holds discussions with the selected source (for sole source acquisitions), you will be afforded the opportunity to further discuss, clarify or modify the "Template" during discussions and in your Final Quote Revision (FQR). If your "Template" is still considered "noncompliant" by the Government after discussions, your quote may not be considered further for award.

10. The Offeror is to include a completed copy of the provision at FAR clause 52.212-3, Offeror

Representations and Certifications—Commercial Items, with its offer. Offerors must include the representation at 52.204-24 if it is not in in their completed FAR Representations and Certifications. A copy of that representation is attached as Attachment 2 - Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

11. The FAR clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition and is supplemented by Attachment 3 - 52.212-4 Addendum and Supplemental Clauses.

12. The FAR clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items, applies to this acquisition and is supplemented by Attachment 4 - 52.212-5 Addendum.

13. Additional contract requirement(s) or terms and conditions determined by the Contracting

Officer to be necessary for this acquisition are supplemented by:

• Attachment 5 – Section 508 Evaluation Template

• Attachment 6 – Invoice Instructions.

14. This is not a rated order under the Defense Priorities and Allocations System (DPAS). The resultant purchase order will provide that HHS reserves the right to exercise priorities and allocations authority with respect to this contract, to include rating this order in accordance with 45 CFR Part 101, Subpart A—Health Resources Priorities and Allocations System.

15. The response to the combined synopsis/solicitation is due no later than June 1, 2021 at 3:00 P.M. Eastern Standard Time (EST). Offers submitted after the deadline may not be considered. The response should be submitted in a searchable electronic format to the Contract Specialist, Shaun Rostad at Shaun.Rostad@nih.gov. Electronic submittals must include the combined synopsis/solicitation 75N95021Q00147 and the Title in the Subject mailto:Shaun.Rostad@nih.gov

Line.

In addition, the Dun & Bradstreet Number (DUNS), the Taxpayer Identification Number (TIN), and the certification of business size must be included in the response. All offerors must have an active registration in the System for Award Management (SAM) www.sam.gov.

The Offeror must submit with their quote the following information:

• technical quote in accordance with this combined synopsis/solicitation in a searchable

PDF format;

• Price quote in an Excel format;

• Dun and Bradstreet Number (DUNS); and

• Verification of System for Award Management (SAM) Registration www.sam.gov.

Technical quotes shall be submitted in accordance with the Project Requirements identified in Section 6 of this combined synopsis/solicitation.

The Offeror should submit a separate business quotes in searchable PDF format. Pursuant to FAR Clause 52.217-7-Option for Increased Quantity-Separately Priced Line Item (Mar 1989), the Offeror should submit a separate price for the Option for Increased Quantity to provide 250 additional survey completions.

In its business quote, the Offeror shall add the total price for the Option Quantity to the total price for the basic requirements.

Any quote, modification, or revision that is received at the designated Government office after the exact date and time specified for receipt of quotations is “late” and may not be considered. Quotes received “late” may not be evaluated or considered for award and may be returned to the Offeror.

If an emergency or unanticipated event interrupts normal Government processes so that quotes cannot be received at the Government office designated for receipt of quotes by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation closing date, the time specified for receipt of quotes will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

The Government reserves the right to award without discussions if the Contracting Officer determines that the initial prices are fair and reasonable and that discussions are not necessary.

16. Questions and requests for clarification should be submitted electronically to the Contract Specialist, Shaun Rostad at Shaun.Rostad@nih.gov on or before 3:00 pm May 26, 2021.

Any questions or request for clarification must include the combined synopsis/solicitation 75N95021Q00147 and the Title in the Subject Line.

http://www.sam.gov/ mailto:Shaun.Rostad@nih.gov

RFQ No. 75N95021Q00147 Attachment 1 – Statement of Work

STATEMENT OF WORK

TITLE: Qualtrics Bariatric Surgery (QBS) Project

OBJECTIVES:

The Clinical Psychoneuroendocrinology and Neuropsychopharmacology (CPN) laboratory of the NIH/NIDA intramural research program (IRP) needs web-based survey distribution and data collection to conduct research via a survey platform that provides secure data collection that has been thoroughly vetted for cybersecurity by the United States FedRamp program. The survey platform must have mobile, tablet and computer online capabilities and interface with the FedRamp Qualtrics software system.

BACKGROUND:

The FedRamp Qualtrics survey software will be used in the CPN Qualtrics Bariatric Surgery (QBS) project to generate a survey that will be sent to the Research Services Team at Qualtrics for distribution to a group of participants in order to conduct web-based survey research and evaluations. The Qualtrics web-based survey platform will provide mobile, tablet and computer online capabilities. In addition, the Qualtrics survey tool will allow CPN to control the content of their surveys for standardization of questions utilizing the currently owned Qualtrics software, while allowing for the distribution and administration of the surveys to adult participants who received bariatric surgery in the past 10 years, online and on their mobile devices, via the additional product services available through Qualtrics that CPN needs to acquire in order to conduct the research.

The NIH/NIDA/CPN research team will be creating the survey content on previously purchased Qualtrics software to create a survey link that will be sent to the Research Services Team at Qualtrics for distribution of the survey to qualifying participants who will be anonymously recruited by the Qualtrics Research Services Team. Qualtrics will obtain participant consent to the QBS protocol, administer the survey created by the NIH/NIDA/CPN research team, collect de-identified respondent data, remunerate participants and send complete de-identified data to NIH Investigators via a .csv file.

REQUIREMENTS:

Independently and not as an agent of the Government, the Contractor shall provide NIH Investigators with data from a minimum of 1000 survey respondents who had bariatric surgery within 10 years of receiving the survey link. Additionally, 20% of those respondents must have had the surgery within the past 2 years.

TECHNICAL REQUIREMENTS:

The Contractor shall provide conduction of the recruitment and facilitation of the participant sample (consent, distribution, data collection, remuneration, and communicating as a liaison between the NIH and the panelists). NIDA will provide target audience demographics to be used by the Contractor for the appropriate online panel construction. The Contractor shall manage the distribution of the survey, ensure that all protocol Inclusion/Exclusion criteria (provided by CPN) are met, and protect personally identifiable information (PII). Establish an anonymous ID for each respondent in order to keep track of participants according to the NIDA approved protocol. This anonymous ID links to a respondent profile.

No PII shall be delivered to NIH Investigators. The Contractor shall integrate the responses into the Qualtrics Core XM survey software and deliver the de-identified data from respondents to NIH Investigators via a .csv file. Once receipt is confirmed by NIH Investigators, the Contractor shall delete the data and therefore, no longer have access to the data. The Contractor shall also delete IP addresses of any respondents upon confirmation of receipt of data by NIH Investigators.

The following features of services are also required:

• All recruitment and facilitation of participant sample services must be FedRamp certified

• Platform must be compatible with a survey link created on the Qualtrics analytical software system

• The survey administration platform must have mobile, tablet, computer online, web link, social media capabilities and interface with the FedRamp Qualtrics software system

• Ability to create surveys and to test and modify them instantly with no coding required

• Ability to use the software to analyze data and report results

• Survey design, answer type and answer choice customization capabilities

• Ability to screen participants out who do not meet protocol qualifications for inclusion

• Data integrity measures that allow for the automatic review of survey data to measure data quality

• Custom Validation (e.g.: requiring that participant selects a specific answer choice to continue on in the survey)

• A minimum of 1,000 survey completions, with replacement of invalid and/or incomplete respondents

• Ability to remunerate participants electronically upon completion of the survey in accordance with the IRB approved protocol

• Dynamic survey themes (ability to customize survey design with logos, color templates, and fonts) and piped text

• Intuitive and powerful survey flow logic options to tailor the administration of the survey/questionnaire

• Detailed and customizable distribution metrics (e.g. 20% of respondents who had surgery within

2years of survey administration)

• In-survey scoring

• API Integration with social media platforms

• Compatible with Millisecond software for psychological testing

The Contractor shall protect all sensitive protected health information (PHI) or personally identifiable information (PII) collected while performing the required services. Qualtrics will use an anonymous ID in order to keep track of participants. This anonymous ID links to a respondent profile. Qualtrics will not have access to respondents PII.

Sensitive PHI/PII shall not be transferred to, nor shared with NIH Investigators. Any data collected must be deidentified or coded so that the code cannot be linked to participants by NIH Investigators.

PERIOD OF PERFORMANCE:

The estimated period of the software license shall be twelve (12) months from date of award.

PLACE OF PERFORMANCE AND DATA RIGHTS:

The responsibilities outlined above for the Contractor will be performed offsite. The data collected in the secure platform will be delivered to NIH Investigators and remain the property of NIDA. The Contractor shall delete all respondent IP addresses and data upon NIDA confirmation of receipt. NIDA shall have unlimited exclusive rights to those data in accordance with FAR 52.227-14, Rights in Data - General.

GOVERNMENT RESPONSIBILITIES:

The Government will provide the Contractor with the protocol and data collection parameters, study information and the survey link to questions for customization to the platform and consent application for distribution to survey participants.

The Government will not provide any workspace or physical materials to the Contractor. Likewise, the Contractor will not require access to government facilities or systems.

OPTIONAL QUANTITIES:

In accordance with the Federal Acquisition Regulations part (FAR) 52.217-7 Option for Increased Quantity-Separately Priced Line Item (Mar 1989), and as prescribed in FAR 17.208(e), NIDA anticipates the use of Options. As such the Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule.

The Contracting Officer may exercise the option by written notice to the Contractor within five (5) days of Order expiration. Delivery of added items shall continue at the same rate that like items are called for under the Order, unless the parties otherwise agree.

Optional Participant Survey Completions

The Contractor may be required to provide 250 additional survey completions via the electronic methods outlined above and in accordance with NIDA’s approved protocol.

DELIVERABLES:

First Article: Draft Survey Material

The Contractor shall deliver a draft version of the platform customization and data delivery (e.g., e-consent, questionnaires, data collection template) to NIH Investigators within 10 business days of receiving a sample survey link for protocol compliance review and COR approval.

Final Deliverable of Respondent Data

The Contractor shall deliver data from a minimum of 1000 qualified and verified complete survey respondents to NIH Investigators within 12 weeks of NIH Investigators approval of the First Article.

Bi-Weekly Reports

The Contractor shall provide Bi-Weekly reports (electronic file) via email to the COR and the Project Officer by 12:00 PM EST on 1st and 15th of each month. The following minimum information shall be included in these reports:

1. Detailed report on participant enrollment and survey completion status

2. Summary of participant remuneration disbursed

The Government shall review all reports. Should modifications or clarifications to the report(s) be requested, these changes shall be made by the Contractor within 2 business days after Government review. Should reports be submitted late, the Contractor shall provide a written explanation within 3 business days and an affirmation that a process is being implemented to ensure future reports shall not be late.

Final Report

On or before Order completion, the Contractor shall provide NIH Investigators with a final data deliver report summarizing and outlining the results of the data collection.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment (AUG 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or

Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and

Certifications-Commercial Items.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for

Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements;

or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019

(Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

Attachment 2 - 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment (AUG 2020)

RFQ 75N95021Q00147

https://www.govinfo.gov/link/plaw/115/public/232?link-type=html https://www.govinfo.gov/link/plaw/115/public/232?link-type=html

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements;

or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for

“covered telecommunications equipment or services.”

(d) Representations. The Offeror represents that—

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered Start Printed Page

42679telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

Attachment 2 - 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment (AUG 2020)

RFQ 75N95021Q00147

https://www.sam.gov/ lamonkritikosnl Highlight lamonkritikosnl Highlight

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided;

and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded

“does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

CERTIFICATION:

Signature of Authorized Individual Date

Name:

Title:

Organization:

Attachment 2 - 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment (AUG 2020)

RFQ 75N95021Q00147

FAR CLAUSE 52.212-4

CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCTOBER 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71,Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of

Attachment 3 - 52.212-4 Contract Terms and Conditions - Commercial Items (October 2018) any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

RFQ 75N95021Q00147 Attachment 3 - 52.212-4 Contract Terms and

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.

3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law.

If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Reserved

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

Alternate I (Jan 2017) When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i), (l), and (m) for those in the basic clause.

(a) Inspection/Acceptance.

(1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government…