Synopsis-Solicitation_-_EA-133W-17-RQ-3202_-_12.29.16.doc

SMS Text Messaging Broker Service to Distribute Text Messages to Cellular Providers Combined Synopsis/Solicitation

EA-133W-17-RQ-0476

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 and 13.5, Simplified Procedures for Certain 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. (The solicitation number is EA-133W-17-RQ-0476 and is issued as a Request for Quotation (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95. This solicitation is being issued on Full and Open Basis after the Exclusion of Sources. This is a 100% Small Business Set-Aside. The associated NAICS Code is 517210- Wireless Telecommunications Carriers and the Small Business Size Standard is 1,500 employees.

This combined synopsis/solicitation is for the purchase of the following commercial item(s):

Calibration Services for the National Weather Service (NWS) SMS Text Messaging Broker Service to Distribute Text Messages to Cellular Providers in accordance with:

· Attachment 1- Statement of Work (SOW) titled “Statement of Work”

· Attachment 2 – Past Performance Questionnaire

CONTRACT LINE ITEM NUMBER (CLIN)

08/18/2017-08/17/2018

08/18/2018-08/17/2019

08/18/2019-08/17/2020

08/18/2020-08/17/2021

08/18/2021-08/17/2022

Vendors are advised to include a complete copy of the provision at 52.212-3, Offeror Representations and Certifications—Commercial Items, with its quote.

The Defense Priorities and Allocations System (DPAS) does not apply to this acquisition. Quotations must be submitted to the attention of Christen Call by e-mail to christen.call@noaa.gov . Quotes are due by 1:00 pm EST on July 10, 2017. The name and telephone number of the individual to contact for information regarding this solicitation is Christen Call, email christen.call@noaa.gov and (757)441-6811.

APPLICABLE FEDERAL ACQUISITION REGULATION (FAR) PROVISIONS & CLAUSES

Clauses 52.203-3 - Gratuities (Apr 1984) 52.203-17 – Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (April 2014) 52.204-9 - Annual Representations and Certifications (Oct 2016)

52.204-13 - System for Award Management Maintenance (Jul 2013)

52.212-4 - Contract Terms and Conditions -- Commercial Items (May 2015)

52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Oct 2016)

52.203-6 Alt 1 - Restrictions on Subcontractor Sales to the Government (Sept 2006)

52.204-10 - Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015)

52.204-14 - Service Contract Reporting Requirements (Jan 2014)

52.209-6 - Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015)

52.209-9 - Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013)

52.219-9 – Alt II - Small Business Subcontracting Plan (Oct 2015)

52.219-16 - Liquidated Damages—Subcontracting Plan (Jan 1999)

52.219-28 - Post Award Small Business Program Rerepresentation (Jul 2013)

52.222-3 - Convict Labor (June 2003)

52.222-19 - Child Labor—Cooperation with Authorities and Remedies (Feb 2016)

52.222-21- Prohibition of Segregated Facilities (Apr 2015)

52.222-26 - Equal Opportunity (Sep 2016)

52.222-35 - Equal Opportunity for Veterans (Oct 2015)

52.222-36 - Equal Opportunity for Workers with Disabilities (Jul 2014)

52.222-37 - Employment Reports on Veterans (Feb 2016)

52.222-40 - Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

52.222-50 - Combating Trafficking in Persons (Mar 2015)

52.223-18 - Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)

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) 52.225-13- Restriction on Foreign Purchases (June 2008)

52.232-33- Protest After Award

52.232-33 – Payment by Electronic Funds Transfer –SAM (July 2013)

52.217-6 -- Option for Increased Quantity (Mar 1989)

The Government may increase the quantity of SMS Messaging items called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor at any time during contract or task order performance. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of Clause) 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 10 days prior to contract expiration.

(End of Clause)

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 5 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 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 66 months.

(End of Clause)

52.232-39 - Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 - Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.237-2 - Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

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/these address(es):

http://farsite.hill.af.mil/vffara.htm http://farsite.hill.af.mil/vfcara.htm (End of Clause)

1352.201-70 - Contracting Officer's Authority.

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

(End of clause)

1352.201-72 - Contracting Officer's Representative (COR) (APR 2010)

(a) ___TBD________ is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:

Phone Number: ____________________

E-mail:___________________________

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

(End of clause) 1352.208-70 - Restrictions on Printing and Duplicating (APR 2010) 1352.209-72 - Restrictions Against Disclosure (APR 2010) 1352.209-74 - Organizational Conflict of Interest (APR 2010) 1330-52.242-70 - Postaward Conference (APR 2010)

1352.246-70 - Place of Acceptance (APR 2010)

(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract.

(b) The place of acceptance will be:

NOAA National Weather Service 1325 East-West Hwy SSMC-2

Silver Spring, MD 20910

1352.270-70 - Period of Performance (APR 2010)

(a) The base period of performance of this contract is from August 18, 2017 or date of award, whichever occurs later, through 12 months thereafter.

(End of clause) 52.203-99 - PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (FEB 2015)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)

(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause.

(End of clause)

Provisions 52.204-7 - System for Award Management (Jul 2013)

52.209-2 - Prohibition On Contracting With Inverted Domestic Corporations--Representation (Nov 2015)

52.209-5 - Certification Regarding Responsibility Matters (Oct 2015)

52.209-7 - Information Regarding Responsibility Matters (Jul 2013)

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

52.212-1 - Instructions to Offerors -- Commercial Items (Oct 2015)

Addendum to 52.212-1 Instructions to Offerors – Commercial Items (APR 2014)

1) Inquiries - Inquiries and all correspondence concerning this solicitation document should be submitted in writing to Christen Call at christen.call@noaa.gov by 4:30 EST on July 11, 2017. The Government is not required to provide responses to vendor’s inquiries or correspondence.

2) Quote Preparation

The following instructions apply for the submission of quotes:

a. Quotes shall be submitted in two separate volumes:

Volume I –Price

Volume II – Technical

b. The technical proposal shall not contain any reference to price. It is incumbent upon the vendor to provide a Technical Proposal in sufficient detail to provide a clear and concise presentation that includes, but is not limited to, the technical requirements of the Request for Quote (RFQ).

c. The Government will evaluate proposals in accordance with the evaluation criteria set forth in FAR 52.212-2 of this RFQ.

3) Price Quote Instructions

The price quote shall be submitted separately from the Technical Approach using the CLIN Structure on page 1 of the RFQ.

4) Technical Approach Instructions

The Technical Approach will be determine the capability of the organization to manage the fulfillment of the requirements of the Statement of Work (SOW). The Quoter shall demonstrate the knowledge, capability and experience regarding the RFQ requirements.

5) Past Performance Instructions – Page Limit of 9 pages (3 pages per performance record)

a. Past performance will be used as a means of evaluating the relative capability of the vendor to successfully meet the requirements of this solicitation. Vendors are required to provide information on no more than three (3) of the firm’s most recently completed contracts/orders (not to exceed three (3) years since completion) for like or similar work. Vendors may submit performance data regarding current contract performance as long as a minimum of one year of performance has been completed as of the closing date of this solicitation.

b. Each Vendor shall submit, in writing, information on past performance. Vendors shall provide a detailed explanation demonstrating the relevance of the contract/order to the requirements of the solicitation. The Vendor is required to send Attachment 2, Past Performance Questionnaire, to those government and commercial activities provided by the vendor’s in their submission. The information shall be completed by the references who will then forward the completed questionnaires:

Christen Call

Christen.Call@NOAA.gov

U.S. Department of Commerce/NOAA/ERAD

c. The Government will not accept Questionnaires directly from the vendors, only Questionnaires submitted from vendor’s references will be accepted.

d. The Government reserves the right to obtain information for use in the evaluation of past performance from any sources including sources outside of the Government. The Government will obtain whatever information it deems most relevant to the required effort by telephonic and/or written inquiry. This information may include Contractor Performance Assessment Reporting System (CPARS); Past Performance Information Retrieval System (PPIRS) reports, the Federal Awardee Performance and Integrity System (FAPIIS), or past performance information from any source.

e. The burden of providing thorough, complete, and relevant past performance information rests with the vendor. If the vendor possess no relevant past performance, it should affirmatively state so in the quote.

(End of Provision) 52.212-2 -- Evaluation -- Commercial Items (Oct 2014)

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

· Technical Approach

· Past Performance Technical Approach and Past Performance, when combined, are significantly more important than price.

Past performance will be evaluated based on relevancy and quality. Regarding relevancy, each past performance reference under each quoter’s Past Performance submission will be evaluated to determine its individual scope and magnitude relative to the instant requirement. The following definitions will apply to this evaluation:

Scope: Experience in the areas defined in the Performance Work Statement (PWS).

Magnitude: The measure of the similarity of the dollar value of actually performed work that exists between the PWS and the quoter’s contracts.

Vendors lacking relevant past performance history, or for whom past performance information is either not available or has not been submitted to the Government, will receive a neutral rating for past performance. A neutral rating will not be evaluated favorably or unfavorably.

(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 a quote, mailed or otherwise furnished to the successful vendor 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)

52.212-3 - Offeror Representations and Certifications -- Commercial Items (Oct 2016)

52.217-5 - Evaluation of Options (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of Provision) 52.222-22 – Previous Contracts and Compliance Reports (Feb 1999)

52.225-25 – Affirmative Action Compliance (Apr 1984)

52.233-2 - Service of Protest (Sep 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Jennifer A. Hildebrandt, Contracting Officer, NOAA Eastern Acquisition Division, 200 Granby Street, Suite 815, Norfolk, VA 23510.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

52.252-1- Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/vffara.htm http://farsite.hill.af.mil/vfcara.htm (End of Provision)

52.203-98 - PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION (FEB 2015)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and

Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of provision)

EA-133W-17-RQ-0476