RFQ-ADF-OIT-24-0011 SAM.gov.pdf
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- Microsoft Teams Licensing Federal contract opportunity
- Solicitation number
- RFQ-ADF-OIT-24-0011
About this file
This document is a Request for Quotation (RFQ) issued by the Bureau of the Fiscal Service, Division of Procurement Services, on behalf of the United States African Development Foundation (ADF). ADF is seeking to acquire Microsoft Teams licensing and implementation services, including migration from their current Cisco Unified Communications system, configuration of external calling capabilities, and provisioning of compatible telephony hardware.
The RFQ is a 100% small business set-aside under NAICS code 511210. ADF anticipates awarding a firm-fixed-price delivery order to the lowest priced, technically acceptable vendor. Interested offerors must submit quotes electronically by 10:00AM EST on Wednesday, June 26, 2024. The period of performance is from the date of award to September 30, 2024. Key requirements include establishing a detailed implementation plan, configuring the ADF Teams tenant for external calling, migrating existing phone lines, provisioning new Teams-compatible phones and conference room phones, and providing user and administrator training documentation.
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Text version
This solicitation is made by the Bureau of the Fiscal Service, Division of Procurement Services on behalf of the United States African Development Foundation (ADF) to NASA SEWP vendors for brand name Microsoft Teams Licensing.
All offers shall be submitted in accordance with Attachment A – Pricing Spreadsheet.
This requirement is a 100% small business set-aside under NAICS code 511210.
The Government anticipates awarding a firm-fixed-price delivery order resulting from this solicitation to the Lowest Priced, Technically Acceptable (LPTA) vendor.
Interested offerors shall submit quotes electronically no later than 10:00AM EST, Wednesday June 26th, 2024.
RFQ-ADF-OIT-24-0011
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/far
1052.201-70 CONTRACTING OFFICER’S REPRESENTATIVE (COR) APPOINTMENT AND
AUTHORITY (APR 2015)
(a) The COR(s) are named on the award form. Should a change to the COR(s) be necessary in the future, they will be named on the modification SF-30.
(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or a representative designated in writing. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.
(c) Technical direction must be within the scope of the contract specification(s)/work statement.
The COR does not have authority to issue technical direction that:
(1) Constitutes a change of assignment or additional work outside the contract specification(s)/work statement;
(2) Constitutes a change as defined in the clause entitled “Changes”;
(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;
(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;
(5) Interferes with the contractor's right to perform under the terms and conditions of the contract;
or
(6) Directs, supervises or otherwise controls the actions of the contractor's employees.
(d) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.
(e) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the contractor, any direction of the COR or the designated representative falls within the limitations of (c) above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.
(f) Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes.”
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)
52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)
1052.210-70 CONTRACTOR PUBLICITY (APR 2015)
The Contractor, or any entity or representative acting on behalf of the Contractor, shall not refer to the supplies or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer. Should any reference to such supplies or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government shall consider institution of all remedies available under applicable law, including 31 U.S.C. 333, and this contract. Further, any violation of this clause may be considered during the evaluation of past performance.
https://www.acquisition.gov/far
1052.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS. (ALTERNATE II)
(DEVIATION 2016-00001) (APR 2018)
(e) Definitions.
(2) As used in this clause, "Commercial supplier agreements" means terms and conditions customarily offered to the public by vendors of supplies or services that meet the definition of commercial item set forth in FAR 2.101 and intended to create a binding legal obligation on the end user. Commercial supplier agreements (CSA) are particularly common in information technology acquisitions, including acquisitions of commercial computer software and commercial technical data, but they may apply to any supply or service. The term applies-
(i) Regardless of the format or style of the document. For example, a CSA may be styled as standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or another similar legal instrument or agreement, and may be presented as part of an offer or quotation responding to a solicitation;
(ii) Regardless of the media or delivery mechanism used. For example, a CSA may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.
(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, Unauthorized Obligations, and Commercial Supplier Agreements - Unenforceable Clauses 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.
(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 CSA, that includes any language, provision, or 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 language, provision, or 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 CSA. If the CSA 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 language, provision, or clause is deemed to be stricken from the CSA.
(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.
(w) Commercial supplier agreements - unenforceable clauses. When any supply or service acquired under this contract is subject to a CSA, the following language shall be deemed incorporated into the CSA. As used herein, "this agreement" means the CSA:
(1) Notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the Government, the following shall apply:
(i) Applicability. This agreement is a part of a contract between the commercial supplier and the Government for the acquisition of the supply or service that necessitates a license (including all contracts, task orders, and delivery orders under FAR part 12).
(ii) End user. This agreement shall bind the Government as end user but shall not operate to bind a Government employee or person acting on behalf of the Government in his or her personal capacity.
(iii) Law and disputes. This agreement is governed by Federal law.
(A) Any language purporting to subject the Government to the laws of a U.S. state, U.S. territory, district, or municipality, or a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted.
(B) Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted.
(C) Any language prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted.
(iv) Continued performance The supplier or licensor shall not unilaterally revoke, terminate or suspend any rights granted to the Government except as allowed by this contract. If the supplier or licensor believes the Government to be in breach of the agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing performance as set forth in paragraph
(d) of this clause.
(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to this agreement, a binding arbitration shall not be used unless specifically authorized by agency guidance, and equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the Government only when explicitly provided by statute (e.g., Prompt Payment Act or Equal Access to Justice Act).
(vi) Updating terms.
(A) After award, the contractor may unilaterally revise terms if they are not material. A material change is defined as:
(1) Terms that change Government rights or obligations;
(2) Terms that increase Government prices;
(3) Terms that decrease overall level of service; or
(4) Terms that limit any other Government right addressed elsewhere in this contract.
(B) For revisions that will materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification.
(C) Any agreement terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provision of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them.
(vii) No automatic renewals. If any license or service tied to periodic payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by an authorized Government representative.
(viii) Indemnification. Any clause of this agreement requiring the commercial supplier or licensor to defend or indemnify the end user is hereby amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.
(ix) Audits. Any clause of this agreement permitting the commercial supplier or licensor to audit the end user's compliance with this agreement is hereby amended as follows:
(A) Discrepancies found in an audit may result in a charge by the commercial supplier or licensor to the Government. Any resulting invoice must comply with the proper invoicing requirements specified in the underlying Government contract or order.
(B) This charge, if disputed by the Government, will be resolved through paragraph
(d) of this clause; no payment obligation shall arise on the part of the Government until the conclusion of the dispute process.
(C) Any audit requested by the commercial supplier or licensor will be performed at the commercial supplier’s or licensor’s expense, without reimbursement by the Government and must be performed within the parameters of the Government’s security procedures.
(D) The Contractor must notify the Contracting Officer of any audit request.
(x) Taxes or surcharges. Any taxes or surcharges which the commercial supplier or licensor seeks to pass along to the Government as end user will be governed by the terms of the underlying Government contract and, in any event, must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed to otherwise in the underlying contract.
(xi) Non-assignment. This agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government's prior approval, except as expressly permitted under paragraph (b) of this clause.
(xii) Confidential information. If this agreement includes a confidentiality clause, such clause is hereby amended to state that neither the agreement nor the contract price, as applicable, shall be deemed "confidential information." Issues regarding release of "unit pricing" will be resolved consistent with the Freedom of Information Act.
Notwithstanding anything in this agreement to the contrary, the Government may retain any confidential information as required by law, regulation or its internal document retention procedures for legal, regulatory or compliance purposes;
provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of this agreement.
(2) If any language, provision, or clause of this agreement conflicts or is inconsistent with the preceding paragraph (w)(1) of this clause, the language, provisions, or clause of paragraph (w)(1) of this clause shall prevail to the extent of such inconsistency.
52.232-18 AVAILABILITY OF FUNDS (APR 1984)
LAPSE FUNDING
In the event of a lapse funding resulting in a government shutdown, the status of Fiscal Year funding and any necessary action required of the Contractor will be made available at the following website:
https://www.fiscal.treasury.gov/doing-business-with-fiscal-service/ . It is the Contractor's responsibility to monitor this website for information regarding Fiscal Year funding.
1052.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (DEVIATION
00002)(April 2018)
(a) Definition. As used in this clause-
"Commercial supplier agreements" means terms and conditions customarily offered to the public by vendors of supplies or services that meet the definition of commercial item set forth in FAR 2.101 and intended to create a binding legal obligation on the end user. Commercial supplier agreements (CSA) are particularly common in information technology acquisitions, including acquisitions of commercial computer software and commercial technical data, but they may apply to any supply or service. The term applies-
(1) Regardless of the format or style of the document. For example, a CSA may be styled as standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or another similar legal instrument or agreement, and may be presented as part of an offer or quotation responding to a solicitation;
(2) Regardless of the media or delivery mechanism used. For example, a CSA may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.
(b) Except as stated in paragraph (c) of this clause, when any supply or service acquired under this contract is subject to any CSA, that includes any language, provision, or clause requiring the Government to pay any future fees, penalties, interest, legal costs or 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:
(1) Any such language, provision, or clause is unenforceable against the Government.
(2) 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 CSA. If the CSA 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.
(3) Any such language, provision, or clause is deemed to be stricken from the CSA.
(c) Paragraph (b) of this clause does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
1052.232-7003 Electronic Submission of Payment Requests (APR 2015)
(a) Definitions. As used in this clause—
(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements https://www.fiscal.treasury.gov/doing-business-with-fiscal-service/ identified in FAR 32.905(b), "Content of Invoices" and the applicable Payment clause included in this contract.
(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support is available at www.ipp.gov or any successor site.
(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with Treasury procedures.
(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer’s written authorization with each payment request.
PAYMENT AND INVOICE QUESTIONS (IPP)
For payment and invoice questions, go to https://arc.fiscal.treasury.gov/ipp/fsippqrg.htm or contact Accounts Payable at (304) 480-8000 option 7 or via email at AccountsPayable@fiscal.treasury.gov.
OVERPAYMENTS
In accordance with 52.212-4 section (i) 5 Overpayments: Accounts Receivable Conversion of Check Payments to EFT: If the Contractor sends the Government a check to remedy duplicate contract financing or an overpayment by the government, it will be converted into an electronic funds transfer (EFT). This means the Government will copy the check and use the account information on it to electronically debit the Contractor's account for the amount of the check. The debit from the Contractor's account will usually occur within 24 hours and will be shown on the regular account statement.
The Contractor will not receive the original check back. The Government shall destroy the Contractor's original check, but will keep a copy of it. If the EFT cannot be processed for technical reasons, the Contractor authorizes the Government to process the copy in place of the original check.
MARKING OF SHIPMENTS
The Contractor shall ensure the order number is clearly visible on all shipping/service documents, containers, and invoices.
IT ACCESSIBILITY REQUIREMENTS
Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998 (P.L. 105-
220) requires that when Federal agencies develop, procure, maintain, or use information and communication technology (ICT), it shall be accessible to people with disabilities. Federal employees and members of the public who have disabilities must have access to, and use of, information and data that is comparable to people without disabilities. The applicable Section 508 standards are outlined in the attached Standards Applicability Checklist.
Products, platforms and services delivered as part of this work statement that are ICT, or contain ICT, must conform to the Revised 508 Standards, which are located at 36 C.F.R. § 1194.1 & Apps. A, C & D, and available at https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines http://www.ipp.gov/ https://arc.fiscal.treasury.gov/ipp/fsippqrg.htm mailto:AccountsPayable@fiscal.treasury.gov https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines
CONTRACT DOCUMENTS, EXHIBITS, AND ATTACHMENTS
Attachment A – Pricing Spreadsheet Attachment C – Justification for Exception to Fair Opportunity
USADF MICROSOFT TEAMS TELEPHONE INTEGRATION
Microsoft Teams voice Telephone Integration and Unified Messaging Communication
1.0 SUMMARY
The United States African Development Foundation (ADF) has an existing deployment of Microsoft Teams through an E5 Office 365 Subscription as its internal communication solution coupled with a Cisco Unified Communications voice solution utilizing PRI services from Verizon for local calling over a single PRI and AT&T for long distance & International dialing. The agency is seeking a Microsoft certified vendor to perform the migration from Cisco UM and the implementation of Microsoft Teams for external calling, and the required migration of all external lines and automated assistants to facilitate this functionality. In addition, ADF is seeking the deployment of Microsoft Teams softphone solution for 100 users located in the United States and 20+ Countries in Africa, 8 physical conference & board room phones with expanded microphones, 25 additional physical phones are to be included for those on staff in the United States who require physical phones with built in speaker phone and multi-line use, and a physical phone for our front desk switchboard/customer experience workstations.
2.0 PROJECT OVERVIEW
2.1 The ADF has currently deployed Microsoft Teams as an internal communication application for voice, video, screen sharing, and other collaboration within the organization. ADF is seeking a single partner to facilitate the external telephone expansion/configuration of our Teams platform. This will include the migration of our existing telephone lines to the ADF Teams Tenant to allow for full external calling functionality. In addition, ADF will require configuration of automated calling assistants, conference call configuration for meeting rooms, and to specify and/or provide Teams compatible telephony hardware as needed.
2.2 Assumptions – ADF will be responsible for developing an internet failover solution in the case of primary internet provider outage. ADF will also be responsible for establishing required Office 365 Licensing prior to project commencement.
3.0 PROJECT SITE
1400 I Street NW Suite 1000 Washington DC 20005
4.0 SCOPE
4.1 The ADF requirement is that the contractor shall complete the following:
a) Establishing a detailed implementation and deployment plan which will identify and limit impact to both external agency services and internal operational productivity.
b) Completing the necessary configuration of our Teams tenant to facilitate call routing for incoming and outgoing voice calls using a to be installed Session Border Gateway for PRI and SIP converged calling to both calls made to United States endpoints and 20 plus operational countries located on the continent of Africa.
c) Provisioning and executing the migration of existing United States African Development Foundation phone line extensions from current voice provider to Teams tenant, maintaining all current DIDs provided from Verizon and augmenting DIDs in each country of operation where supported to reduce operational endpoint expenses for the staff located in operational countries on the continent of Africa.
d) Configuration / migration of voicemail boxes for all user accounts. New voice mail accounts will be created for those without voice mail accounts currently.
e) Conference call configuration including the provisioning of localized external call-in numbers for conference calls
f) Configuration and implementation of calling trees (automated assistants) as defined by the United States African Development Foundation
g) Work with the United States African Development Foundation to Identify and provision an emergency failover solution to facilitate e911 calling in the case of a network outage, including but not limited to a traditional phone line to facilitate 911 calling in the case of full internet outage.
The contractor may opt to support the project on location and/or remotely, as agreed by the Proponent and the United States African Development Foundation.
h) The contractor shall appropriately populate a 911 Private Switch/Automatic Location Identification (PS/ALI) database with the government’s profile which shall include all the users’ telephone numbers, station locations, building location, building address, building floor, and room number during service implementation.
The contractor shall provide secure remote access to the government via a client or a web browser to allow the government to maintain the government’s profile on an ongoing basis (e.g., to account for moves, adds, deletions, or other changes). The contractor shall ensure these government profile updates are reflected in the PS/ALI database.
i) Produce user and administrator’s how-to-guides documentations upon completing the project. Make available at a minimum 8 hours available for user training and questions/answers response session to USADF personnel and IT staff.
4.2 Telephony Deliverables
a) Specify and procure Microsoft Teams compatible hardware phones to replace current voice/telephony hardware as required
b) Provide a written plan/assessment to determine if Microsoft Teams compatibility for USADF existing telephony hardware for all workstations and customer experience points (approximately 100 existing workstations) Expect 100 soft phone license and 25 physical phone and 8 conference room phones with external mics to cover the larger spaces of the conference rooms. Phone hardware should be accompanied with licenses and with a replacement warranty for a term no less than one year per device in case of failure.
c) Replace the incompatible office (25 units) and (8 units) conference room with physical telephone units that are fully compatible with Microsoft Teams.
d) Provide hands-on training so that staff can understand and perform administrative tasks such as ADD, MOVE, CHANGE, DELETE for desk, soft and conference room phones. Hands on training could be a short form step by step procedure and or an electronic visual CBT or other approved training offering to ensure the staff of USADF are able to fulfill operational duties after the completion of the installation and before final handover occurs.
e) Installation of the Session Border Gateway and back up all required configurations to a USADF provided onsite SFTP or FTP location. Any required maintenance for the new system should be communicated to the USADF IT staff prior to handover to ensure they can perform any backups required for onsite devices.
f) Provide how-to-guides for ADF users and administrator’s manual for USADF system administrators
5.0 PERIOD OF PERFORMANCE
Date of Award to September 30, 2024
6.0 EXISTING PHONE SOFTWARE/HARDWARE INVENTORY
6.1 Cisco Unified Communications phone system includes 50 desk phones and current 4 conference phones. Cisco 8841 IPhones (21) at CPC locations in Africa
6.2 Verizon single PRI 24 channel 23/1
6.3 AT&T International Long distance service
6.4 Verizon 100 mb MTIPS Internet services as primary
6.5 Comcast 100 FE as backup Internet Service.
6.6 Microsoft Office 365 G5 Licenses (100)
PROVISIONS
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: https://www.acquisition.gov/far/
52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
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 paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(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—
(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) Representation. 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 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 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.
52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation (NOV 2015)
(a) Definitions. “Inverted domestic corporation” and “subsidiary” have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).
(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.
(c) Representation. The offeror represents that—
(1) It □ is, □ is not an inverted domestic corporation; and
(2) It □ is, □ is not a subsidiary of an inverted domestic corporation.
NOTICE TO FIRMS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT
In accordance with FAR 9.405, offers are not solicited from firms debarred, suspended, or proposed for debarment. Ineligible firms shall consider this an informational copy only.
In addition to the items specified in the solicitation provision above, the following information is necessary to enable proper evaluation of offers in response to this solicitation:
QUOTATION INSTRUCTIONS
The Offeror assumes full responsibility for ensuring all electronic materials and attachments submitted are formatted in accordance with the Bureau of the Fiscal Service Security Requirements. The following file extensions are not allowable and application materials/data submitted with these extensions cannot be considered:
.bat, .cab, .cmd, .com, .cpl, .dot, .dotx, .exe, , .hqx, .hta, .mim, .mp3, .mp4, .pif, .rar, .scr, .vbs, .uu, .uue, .vbs, .wsf, xxe,.wmv, html, mhtml, and .zip files
The Government does not allow 3rd party messaging systems/secure mail, other than when authorized by the Government. In those cases, the Government's 3rd party message system will be used when requested.
Microsoft Office non-macro enabled compatible documents and PDF documents are acceptable. If the Offeror determines that other formats are necessary, it is the Offeror’s responsibility to verify with Fiscal Service that those formats are acceptable. Proposal materials with unacceptable or unreadable formats may be found non-responsive.
In addition to the items specified in the solicitation provision above, the following information is necessary to enable proper evaluation of offers in response to this solicitation:
(a) Price shall be shown in U.S. dollars with a maximum of two decimal points.
(b) Include the following:
1) Per unit and extended pricing for each item.
2) For products or services containing Information and Communication Technology (ICT):
VPAT for each item that is required to met Section 508 Standards as identified in the solicitation. The Offeror shall submit a completed Voluntary Product Accessibility Template (VPAT) for each ICT product and service listed in their proposal, or obtain the VPAT from the manufacturer(s). By completing the VPAT the Offeror represents that the products and services offered in response to this solicitation comply with the Information and Communication Technology Standards at 36 CFR 1194, unless stated otherwise within the VPAT form.
3) UEI _______________________________
4) Invoice Terms _______________________________
5) Payment Terms __________________________________
6) Warranty Details __________________________________
7) Delivery Terms____________________________________
52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021)
Basis for Award
Award will be made to the offeror with the lowest priced, technically acceptable quote with no adverse past performance. Technical acceptability will be determined by comparing quotations with the requirements of this solicitation.
It is the Government's intent to evaluate the lowest priced offeror first. If the offer is determined to be technically acceptable all other offers will not be evaluated. If the lowest priced offeror is determined to not be technically acceptable, the next lowest priced offeror will be evaluated and so forth.
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).
52.225-25 -- Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications (JUN 2020)
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 General Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:
Ms. Keri Moore Compliance & Policy Branch Manager
U.S. Department of the Treasury, Bureau of the Fiscal Service Keri.Moore@fiscal.treasury.gov
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
| Cover Page.pdf |
| GSA, GWAC, SEWP Template.pdf |
| 52.232-18 AVAILABILITY OF FUNDS (APR 1984) |
| LAPSE FUNDING |
| Updated PWS.pdf |
| PROVISIONS.pdf |
| PROVISIONS |
| 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) |
| 52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017) |
| 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation (NOV 2015) |
| 52.225-25 -- Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications (JUN 2020) |
| 52.233-2 Service of Protest (Sep 2006) |
File details come from the government source that posted it. Updated .