final_RFQ.docx

CLASSIFICATION CODE:

TITLE: NUIX e-Discovery Software

SOLICITATION NUMBER: GG000000-16-03977

RESPONSE DATE: June 30,2016

CONTACT POINTS: Prateema Carvajal, Contract Specialist, (301)975-4390 Keith Bubar, Contracting Officer, (301) 975-8329

DESCRIPTION:

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6-STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS-AS SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTATIONS ARE BEING REQUESTED, AND A SEPARATE WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. THE SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION UNDER FAR PART 13.

The Department of Commerce, Office of the Inspector General’s (OIG) mission is to improve the programs and operations of the Department of Commerce through independent and objective oversight, which involves investigations of fraud, waste and abuse which may result in criminal, civil, and administrative remedies.

This is a Brand Name Only requirement to purchase NUIX e-Discovery software licenses which will be used to process and analyze large amounts of data such as email files, contracts, grant files, and images, which are key elements of criminal, civil, and administrative cases, program reviews and other OIG related work.

NUIX is a proprietary system which has been in use with DOC/OIG for the previous two years. Any change in the software program at this time would cause significant compatibility issues with current and ongoing cases. Under the current contract with NUIX DOC/OIG processes, uses, and maintains digital records with that company’s software (licenses) as evidence in existing and active criminal, civil and administrative investigations and/or litigations with other federal agencies, in particular the U.S. Department of Justice. Preserving these records in their current format is essential to the effective, efficient, and legitimate operations of our organization and any failure to do so could potentially result in adverse outcomes against the office, organization, Department, and Government.

The current software licenses will expire at the conclusion of the current period of performance on this contract (July 31, 2016). Multiple software licenses are required because each agent and/or investigator requires their own access to the database in order to perform the review and analysis of the data. This platform system, i.e., software, helps streamline the often complex and extended process to ensure proficiency in the identification of potential evidence and pursuit of prospective investigative leads. Failure to procure these required software licenses would result in significant mission degradation.

The associated North American Industrial Classification System (NAICS) code for this procurement is 541519- Information Technology Value Added Resellers with a small business size standard of 150 Employees. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-88.

This requirement is 100% small business set-aside.

SCHDULE OF REQUIRED ITEMS:

All offerors shall provide a quotation for the following Line Items:

Base Year, Period of Performance: 08/01/2016-07/31/2017

CLIN 0001 (Firm-Fixed Price) Description: NUIX e-Discovery Workstation 8 Core Comp Annual subscription software license

P/N: ED001A8

Quantity: 1 each

CLIN 0002 (Firm-Fixed Price) Description: NUIX e-Discovery Reviewer- Annual Subscription software licenses

P/N ED002A

Quantity: 20 each

CLIN 0003 (Firm-Fixed Price) Description: NUIX e-Discovery Management Server - Annual subscription software license

P/N MS002A

Quantity: 1 each

Option Year 1, Period of Performance: 08/01/2017-07/31/2018

CLIN 0004 (Firm-Fixed Price) Description: NUIX e-Discovery Workstation 8 Core Comp Annual subscription software license

P/N: ED001A8

Quantity: 1 each

CLIN 0005 (Firm-Fixed Price) Description: NUIX e-Discovery Reviewer- Annual Subscription software licenses

P/N ED002A

Quantity: 20 each

CLIN 0006 (Firm-Fixed Price) Description: NUIX e-Discovery Management Server - Annual subscription software license

P/N MS002A

Quantity: 1 each

Option Year 2, Period of Performance: 08/01/2018-07/31/2019

CLIN 0007 (Firm-Fixed Price) Description: NUIX e-Discovery Workstation 8 Core Comp Annual subscription software license

P/N: ED001A8

Quantity: 1 each

CLIN 0008 (Firm-Fixed Price) Description: NUIX e-Discovery Reviewer- Annual Subscription software licenses

P/N ED002A

Quantity: 20 each

CLIN 0009 (Firm-Fixed Price) Description: NUIX e-Discovery Management Server - Annual subscription software license

P/N MS002A

Quantity: 1 each

Option Year 3, Period of Performance: 08/01/2019-07/31/2020

CLIN 0010 (Firm-Fixed Price) Description: NUIX e-Discovery Workstation 8 Core Comp Annual subscription software license

P/N ED001A8

Quantity: 1 each

CLIN 0011 (Firm-Fixed Price) Description: NUIX e-Discovery Reviewer- Annual Subscription software licenses

P/N ED002A

Quantity: 20 each

CLIN 0012(Firm-Fixed Price) Description: NUIX e-Discovery Management Server - Annual subscription software license

P/N MS002A

Quantity: 1 each

Option Year 4, Period of Performance: 08/01/2020-07/31/2021

CLIN 0013 (Firm-Fixed Price) Description: NUIX e-Discovery Workstation 8 Core Comp Annual subscription software license

P/N: ED001A8

Quantity: 1 each

CLIN 0014 (Firm-Fixed Price) Description: NUIX e-Discovery Reviewer- Annual Subscription software licenses

P/N ED002A

Quantity: 20 each

CLIN 0015 (Firm-Fixed Price) Description: NUIX e-Discovery Management Server - Annual subscription software license

P/N MS002A

Quantity: 1 each

PROVISIONS AND CLAUSES:

The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All FAR clauses may be viewed at http://acquisition.gov/comp/far/index.html. All Commerce Acquisition Regulations (CAR) clauses may be viewed at http://farsite.hill.af.mil/VFCARA.HTM

Provisions:

52.212-1, Instructions to Offerors-Commercial Items

52.212-3, Offeror Representations and Certifications-Commercial Items

Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2014)

(1) In accordance with Sections 536 and 537 of Division B of Public Law 113-76 Consolidated Appropriations Act, 2014, none of the funds made available by Consolidated Appropriations Act, 2014 funding may be used to enter into a contract with any corporation that-

(a) 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 the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government, or

(b) 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 the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(2) The Offeror represents that, as of the date of this offer-

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

(b) 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.

(End of provision)

Certification By Offerors Regarding Federal Income Tax Filing And Federal Income Tax Violations. (Class Deviation) (March 2015)

(a) In accordance with Section 523 of Division B, Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235) none of the funds made available by the Act may be used to enter into a contract in an amount greater than $5,000,000 unless the prospective contractor certifies in writing to the U.S. Consolidated and Further Continuing that, to the best of its knowledge and belief, the contractor has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

(b) The Offeror’s proposal shall include a signed written certification as follows – To the best of my knowledge and belief, ---(name of offeror)--- has filed the Federal tax returns required during the three years preceding this certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

Firm _____________________________________________ Signature _________________________________________ Name ____________________________________________ Title _____________________________________________ Date of execution __________________________________ (End of Provision)

52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation (DEVIATION 2015-02) (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) FAR Clauses:

52.212-4, Contract Terms and Conditions-Commercial Items 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items-Commercial Items including subparagraphs:

52.222-26 52.222-35 Equal Opportunity;

Equal Opportunity for Veterans (Sep 2010)

52.222-36 52.222-37 52.222-40 Affirmative Action for Workers with Disabilities;

Employment Records on Veterans (Sep 2010) Notification of Employee rights Under the National Labor Relations Act (Dec 2010)

52.223-18

Contractor Policy to Ban Text Messaging While Driving;

52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02) (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) Assurance by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015)

(1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by Consolidated and Further Continuing Appropriations Act, 2015 and subsequent appropriations acts may be used to enter into a contract with any corporation that -

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

(b) 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 the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(2) By accepting this award or order, in writing or by performance, the offeror/contractor assures that -

(a) The offeror/contractor is not a corporation convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(b)The offeror/contractor 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.

(End of Clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 1989)

(a) The Government may extend the term of this contract by written notice to the Contractor within 7 days provided, that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 30 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 provision.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

Commerce Acquisition Regulations (CAR) Clauses:

1352.201-70, Contracting Officer's Authority 1352.209-73, Compliance With the Laws 1352.209-74, Organizational Conflict of Interest 1352.239-72, Security Requirements for Information Technology Resources 1352.215-72, Inquiries Offerors must submit all questions concerning this solicitation in writing to the Contracting Officer. Questions should be received no later than 12:00 pm EST, 5 calendar days prior to submission deadline. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Requests shall include complete company name, address, telephone and e-mail address. FAX AND OR PHONE REQUESTS ARE NOT AUTHORIZED AND WILL NOT BE ACCEPTED.

1352.233-70, Agency Protests (APR 2010)

(a) An agency protest may be filed with either: (1) The contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 FR 16,651 (April 6, 1999).

(b) Agency protests filed with the Contracting Officer shall be sent to the following address:

NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: Keith Bubar, CONTRACTING OFFICER

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address:

(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.

(e) Service upon the Contract Law Division shall be made as follows:

(End of clause)

1352.233-71, GAO and Court of Federal Claims Protests (APR 2010)

(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.

(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims.

(c) Service upon the Contract Law Division shall be made as follows:

(End of clause) NIST Local Clause_04 Billing Instruction NIST prefers electronic Invoice/Voucher submissions and they should be emailed to INVOICE@NIST.GOV. (b) Each Invoice or Voucher submitted shall include the following: (1) Contract Number. (2) Contractor Name and Address. (3) Date of Invoice. (4) Invoice Number. (5) Amount of Invoice and Cumulative Amount Invoiced to-date. (6) Contract Line Item Number (CLIN). (7) Description, Quantity, Unit of Measure, Unit Price, and Extended Price of Supplies/Services Delivered. (8) Prompt Payment Discount Terms, if Offered. (9) Any other information or documentation required by the contract. (c) In the event electronic submissions are not used, The Contractor shall submit an original invoice or voucher in accordance with the payment provisions of this contract to: NIST: Accounts Payable Office 100 Bureau Drive, Mail Stop 1621 Gaithersburg, MD 20899-1621.

(End of clause)

NIST Local Clause_41 Software Addendum

a) This Addendum incorporates certain terms and conditions relating to federal procurement actions. The terms and conditions of this Addendum take precedence over the terms and conditions contained in any license agreement or other contract documents entered into between the parties. Governing Law: Federal procurement law and regulations, including the Contract Disputes Act, 41 U.S.C. Section 601 et.seq., and the Federal Acquisition Regulation (FAR), govern the agreement between the parties. Litigation arising out of this contract may be filed only in those having jurisdiction over federal procurement matters. Attorney's Fees: Attorney's fees are payable by the federal government in any action arising under this contract only pursuant to the Equal Access in Justice Act, 5 U.S.C. Section 504. No Indemnification: The federal government will not be liable for any claim for indemnification; such payments may violate the Anti-Deficiency Act, 31 U.S.C. Section 1341(a). Assignment: Payments may only be assigned in accordance with the Assignment of Claims Act, 31 U.S.C. Section 3727, and FAR Subpart 32.8, "Assignment of Claims." Invoices: Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. Section 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment. Patent and Copyright Infringement: Patent or copyright infringement suits brought against the United States as a party may only be defended by the U.S. Department of Justice (28 U.S.C. Section 516). Renewal of Support after Expiration of this Award: Service will not automatically renew after expiration of the initial term of this agreement. Renewal may only occur in accord with (1) the mutual agreement of the parties; or (2) an option renewal clause allowing the government to unilaterally exercise one or more options to extend the term of the agreement.

(End of clause

Addendum to Far 52.212-1, Quotation Preparation Instructions:

1. Price Quotation- The Offeror shall propose a firm-fixed-price for all Line Items.

2. Technical Quotation- All offerors shall provide documentation showing that they are authorized resellers of the product(s) they are proposing or are the Manufacturer. Award will not be made to any offeror without the requested documentation. All quotations shall clearly comply with the Schedule of Required Items.

3. All offerors shall submit the information/documentation required by the provisions in this solicitation.

Quotation Evaluation:

Basis for Award shall be technically acceptable/ lowest price. The Government will evaluate quotations based on the following evaluation criteria: (1) Technical Capability and (2) Price.

1. Technical Capability

An offeror’s failure to quote all of the products/services listed above may be considered indicative of the offerors lack of understanding of the Government’s requirements and may result in the offer being determined unacceptable. If an evaluation of Non-Acceptable is received, the Offeror will not be considered for Award.

An evaluation of Technically Acceptable / Non-Acceptable will be assigned upon completion of the technical quotation evaluation. Offerors who fail to provide sufficient information (e.g. documentation, specifications, etc.) that clearly demonstrates an ability to meet the Government’s technical specifications willl be considered non-acceptable. If an evaluation of Non-Acceptable is received, the Offeror will not be considered for Award. All offerors must be authorized to sell the products they are proposing to the Government, by the original manufacturer.

2. Price Price will be evaluated for reasonableness. Your company is encouraged to discount its rates. If price discounts are offered, identify the percentage of price discount and/or price reduction offered.

The Government does not intend to enter into discussion and may award a purchase order on the basis of initial offers received, without discussions. Therefore, each initial quotation shall contain the offeror’s best terms. Nonetheless, the Government reserves the right to conduct discussions if it is in the best interest of the Government.

Due Date and Response Information Offerors capable of furnishing the specified subscription in this combined synopsis/solicitation should submit their quote in writing to: Prateema Carvajal electronically at prateema.carvajal@nist.gov. FAX quotations shall not be accepted. Offerors shall submit their quotations so that NIST receives them not later than June 30, 2016, 8:00 am, EST.