RFQ ENCL 0 - RFQ Synopsis-Sol-Instructions.pdf

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(i) This is a combined synopsis/solicitation for commercial items prepared for the purchase of Enterprise License for Live and On-Demand Legal, Regulatory, and Compliance conference training courses, for the U.S. Securities and Exchange Commission (SEC) Headquarters (HQ) Office, Washington, D.C. and ten (10) SEC Regional Offices, in accordance with the format in Subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” and procedures in Subpart 13.1, “Simplified Acquisition Procedures, ” with additional information included in this notice and the Statement of Work (RFQ Enclosure 1).

This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

(ii) Solicitation Number 50310224Q0083 is issued as a Request for Quote (RFQ).

(iii) The solicitation and incorporated provisions and clauses are those in effect through FAC 2024-05 effective May 22, 2024.

(iv) Solicitation Number 50310224Q0083 unrestricted and is not a 100% total small business set aside. The NAICS code for this procurement is 611430, Professional and Management Development Training, Size Standard $15.0 Million.

(v) This combined synopsis/solicitation contains the following Line-Item Numbers (CLIN):

00001 Base Year – (Contract Year 1). – Enterprise Licenses for Live and On-Demand

Legal, Regulatory, and Compliance training courses.

Provide Enterprise Licenses for Live and On-Demand Legal, Regulatory, and Compliance training courses, in accordance with the Statement of Work.

Date of Award through twelve (12) months.

00002 Option Year One (1) – (Contract Year 2). – Enterprise Licenses for Live and On- Demand Legal, Regulatory, and Compliance training courses.

Provide Enterprise Licenses for Live and On-Demand Legal, Regulatory, and Compliance training courses, in accordance with the Statement of Work.

Effective Date of option exercise through twelve (12) months.

00003 Option Year Two (2) – (Contract Year 3). – Enterprise Licenses for Live and On-

Demand Legal, Regulatory, and Compliance training courses.

Provide Enterprise Licenses for Live and On-Demand Legal, Regulatory, and

Effective Date of option exercise through twelve (12) months.

00004 Option Year Three (3) – (Contract Year 4). – Enterprise Licenses for Live and On-

Provide Enterprise Licenses for Live and On-Demand Legal, Regulatory, and

00005 Option Year Four (4) – (Contract Year 5). – Enterprise Licenses for Live and On-

Provide Enterprise Licenses for Live and On-Demand Legal, Regulatory, and

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00006 Option Year Extension (6 – Month Extension under FAR 52.217-8, for evaluation) – Enterprise Licenses for Live and On-Demand Legal, Regulatory, and Compliance training courses.

Provide Enterprise Licenses for Live and On-Demand Legal, Regulatory, and Compliance training courses, in accordance with the Statement of Work.

Effective Date of option exercise through six (6) months.

(vi) Description of requirement for items to be acquired.

The U.S. Securities and Exchange Commission (SEC) intends to award a non-personal services commercial contract to provide Enterprise License for Live and On-Demand Legal, Regulatory, and Compliance conference training courses at the SEC Headquarters’, in Washington, D.C., and ten (10) SEC Regional Offices. The Government shall not exercise any supervision or control over the contract service providers performing the services herein.

Such contract service providers shall be accountable solely to the Contractor who, in turn, is responsible to the Government.

Quoters shall provide Enterprise License for Live and On-Demand Legal, Regulatory, and Compliance conference training courses in accordance with RFQ Enclosure 1 – Statement of Work.

(vii) The primary place of performance is located at U.S. Securities and Exchange Commission, Headquarters Office, 100 F Street, NE, Washington, D.C. 20549. A listing of the SEC Regional Offices addresses is provided in RFQ Enclosure 5.

The anticipated date of contract award is September 2024.

(viii) FAR 52.212-1, Instructions to Offerors - Commercial Products and Commercial Services (SEP 2023), applies to this acquisition. Offerors may obtain full text versions of these clauses electronically at http://www.acquisition.gov.

(ix) The provision at FAR 52.212-2, Evaluation – Evaluation—Commercial Products and Commercial Services (Nov 2021), applies to this acquisition as follows:

Addendum to 52.212-2 Evaluation - Evaluation—Commercial Products and Commercial Services (Nov 2021).

a. The Government will award a contract resulting from this solicitation to the responsible Quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. This is a Best Value Procurement.

Comparative Analysis:

Following the receipt of responses to the request for quote, the Government will perform a comparative analysis (comparing Quoters’ responses to one another) to select the quote whose quotation offers the best value to the government, considering technical capability, past performance, and price.

The following factors shall be used to evaluate quotes:

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1. Technical Capability

2. Past Performance

3. Price

Technical Capability is more important than Past Performance. When combined, the evaluation factors of 1. Technical Capability, 2. Past Performance, are more important than price. As the technical quotes become more equal, price becomes more important in making the award determination.

In the event that two or more quotes are determined not to have any substantial technical differences, i.e., are technically equivalent, award may be made to the lower priced quote. It should be noted that award may be made to other than the lowest priced quote if the Government determines that a price premium is warranted due to technical merit. The Government may also award to other than highest technically rated quote, if the Government determines that a price premium is not warranted. Awards may also be made on the basis of initial quotes without conversations. Quoters are therefore cautioned that each initial quote should contain the quoter’s best terms.

The Quoter’s Technical Quote (Volume 1) must demonstrate the vendor’s capability to perform the requirements outlined in the Statement of Work (SOW). Quoters shall provide a technical quote that includes the following two (2) general areas/factors: Factor 1, Technical Capability and Factor 2, Past Performance.

Technical Capability: The Quoter’s technical capability shall describe how it addresses specifications and Government requirements as listed in the Statement of Work. The Quoter’s technical capability shall clearly describe and address the Quoter’s understanding of the desired outcomes contained in the Statement of Work (SOW). Statements such as “the Quoter understands” or “the Quoter will comply” and statements that paraphrase the SOW or other contract requirements are inadequate.

Specifically, the contractor shall address how it intends to accomplish the following:

Provide SEC Staff and enterprise members with access to programs in a variety of formats on substantive areas of law, federal regulation, professionalism, and legal skills, inclusive of program materials and handbooks.

Provide programs in-person and on-demand.

Provide a minimum of 100 live, daylong or multi-day programs.

Provide annual conference on corporate and securities laws and regulations.

Provide programs, program materials and subject-matter handbooks that offer in-depth information and are archived on the Contractor’s website for delivery on-demand and provide CLE credit as permitted under varying bar requirements and CPE credits as permitted by the

NASBA.

Contractor shall issue CLE certificates, in accordance with varying CLE regulations. The Contractor shall also issue CPE credits in accordance with the requirements of NASBA.

Provide confirmation that training systems will not be interfacing with SEC Systems and are accessible for individuals with disabilities (Section 508 compliant with Americans with Disabilities Act).

Provide accessibility for all training records for SEC Staff for a 5-year period.

Provide customer service during normal business hours and provide technical assistance to

SEC University staff.

Provide membership licenses for programs, materials, and subject matter handbooks for all

SEC staff.

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Provide personnel, administrative, financial, and managerial resources, necessary to perform tasks against contract.

Evaluation of technical capability will be based on the degree to which the quoter effectively demonstrates a knowledge, understanding, and technical ability to successfully meet the Government’s requirements.

Past Performance: The Government will evaluate relevant past performance of each quoter. The quoter shall identify three (3) contracts/task orders with the Federal Government or Industry that demonstrate recent and relevant past performance. Recent is defined as within the last three (3) years.

Relevant is defined as work similar in complexity and magnitude to the work identified in the Statement of Work (SOW). Please include the following information:

Project Title;

Description of the Project;

Contract/Task Order Number;

Contract/Task Order Amount;

Government Agency/Organization;

Contracting Officer Representative (COR) name, address, phone number and email address;

Contracting Officer’s name, address, telephone number and email address;

Current status (e.g., completed and/or in progress, start and estimated completion dates);

Key personnel (please identify those individuals who worked on the relevant project and are also proposed for this effort); and A brief narrative of why your firm believes this reference is relevant to the proposed task.

The Quoter must complete Past Performance Questionnaire for the submitted reference (RFQ Enclosure 4) and provide it to no more than three (3) references. The Government may consider other relevant past performance information obtained from other sources known to the Government. The references are expected to submit the Past Performance Questionnaire by email to LaToya Carter at CarterL@sec.gov no later than the closing date/time of the solicitation. It is the responsibility of the quoter to ensure that the Past Performance Questionnaire is returned to the correct email address no later than the solicitation closing date/time.

Evaluation of past performance will be based on consideration of all relevant facts and circumstances.

Information utilized shall be obtained from references listed in the quote, other customers known to the Government, consumer protection organizations, and others who may have useful and relevant information.

VOLUME 1: TECHNICAL QUOTE

Each Quoter shall submit a technical quote separate from the price quote.

The written technical quote submission shall be limited to 8 one-sided pages, excluding cover page, index, cover letters, and course catalog listings.

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VOLUME 2: PRICE QUOTE

The contract will consist of Enterprise License for Live and On-Demand Legal, Regulatory, and Compliance conference training courses, in accordance with the Statement of Work which will be fixed priced.

For the purposes of the evaluation, the Government will compare contract prices (inclusive of option years) and fixed unit prices as indicated in the Quoter’s Price Quote. Quoters are strongly encouraged to offer discounted pricing from established fixed unit prices. Each Quoter shall submit a price quote separate from the technical quote.

The price quote shall include contract prices (inclusive of option years), on an Excel Spreadsheet. See Pricing Spreadsheet – RFQ Enclosure 2.

The price quote shall include the following:

a. Contract Price (inclusive of fixed commercial price, price discounts (if applicable), and total contract price costs).

b. Attached pricing excel spreadsheet. See Pricing Spreadsheet (RFQ Enclosure 2).

c. A copy of published commercial prices for any items/costs identified in pricing spreadsheet.

d. If applicable, Prime Contractor/Subcontractor Arrangement Supporting Documentation: If subcontracting is proposed, the Government will evaluate the acceptability of any subcontracting as part of its evaluation of price. If a Prime Contractor/Subcontractor Arrangement is contemplated for this requirement, at a minimum the following information must be included in the supporting documentation:

i. A description of the supplies or services to be subcontracted.

ii. Identification of the type of subcontract to be used.

iii. Identification of the proposed subcontractor.

iv. The proposed subcontract price.

v. The subcontractor’s current, complete, and accurate pricing data.

vi. The subcontractor’s Disclosure Statement or Certificate relating to Cost Accounting Standards when such data are required by other provisions of this contract.

vii. A negotiation memorandum reflecting- (a.) The principal elements of the subcontract price negotiations;

(b.) The most significant considerations controlling establishment of initial or revised prices;

(c.) The extent, if any, to which the Contractor did not rely on the subcontractor’s certified cost or pricing data in determining the price objective and in negotiating the final price;

(d.) The reasons for any significant difference between the Contractor’s price objective and the price negotiated; and

(e.) A complete explanation of the incentive fee or profit plan when incentives are used. The explanation shall identify each critical performance element, management decisions used to quantify each incentive element, reasons for the incentives, and a summary of all trade-off possibilities considered.

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Price Quote: The Government expects to receive price competition through the submission of several price quotes. The Quoter’s proposed pricing will be evaluated against Attachment 2 – Pricing Spreadsheet and/or the Government independent estimates along with historical/market pricing available to Government. Quoters shall propose fixed prices and contracts prices that are reasonable.

A written notice of award or acceptance of a quote, once accepted by the successful quoter, shall result in a binding contract without further action by either party.

(x) FAR 52.212-3, Offeror Representations and Certifications – Commercial Products and

Commercial Services (MAY 2024), applies to this acquisition. Quoters may obtain full text versions of these clauses electronically at http://www.acquisition.gov.

(xi) FAR 52.212-4, Contract Terms and Conditions – Commercial Products and Commercial Services (Nov 2023), applies to this acquisition. Quoters may obtain full text versions of these clauses electronically at http://www.acquisition.gov.

(xii) FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive

Orders—Commercial Products and Commercial Services (MAY 2024), applies to this acquisition. Quoters may obtain full text versions of these clauses electronically at http://www.acquisition.gov. A complete list of applicable FAR clauses is located in RFQ Enclosure 3 - Contract Terms and Conditions.

(xiii) Parties responding to this solicitation who believe they can provide Enterprise License for Live and On-Demand Legal, Regulatory, and Compliance conference training courses for the SEC Headquarters, Washington, D.C., and ten (10) SEC Regional Offices may submit their quote in accordance with their standard commercial practices (e.g., on company letterhead, formal quote form, etc.) but must include the following information:

1. The Solicitation Number 50310224Q0083.

2. The time and date specified in the solicitation for receipt of quotes (12:00 PM EST, August 27, 2024);

3. Active SAM.GOV (SAM) Unique Entity Identifier Number (UEI);

4. Contract Name, Email address, and telephone number;

5. Complete business mailing address;

6. Price and any discount terms (Note: Pricing shall be separate from Quoter’s Technical

Quote);

7. “Remit to” address, if different than mailing address;

8. A completed copy of the representations and certifications at FAR 52.212-3 (see FAR

52.212-3(b)) for those representations and certifications that the Quoter shall complete electronically) or indicate that the representations and certifications are available on-line;

9. An copy of System for Award Management (SAM) Active Entity registration (see https://www.sam.gov/), or indicate that representations and certifications are available on-line in the Reps & Certs section of their System for Award Management (SAM) Active Entity Status record available at https://www.sam.gov, or a copy of System for Award Management application;

10. Acknowledgement of Solicitation Amendments, if applicable;

11. A technical description of the items being offered in sufficient detail to evaluate compliance with the requirement in the solicitation. This may also include product literature, or other documents, if necessary;

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12. Narrative addressing the capability to provide Enterprise License for Live and On- Demand Legal, Regulatory, and Compliance conference training courses for the SEC Headquarters and Regional Offices;

13. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quotes that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration; and

14. Period for acceptance of quotes. The Quoter agrees to hold the prices in its quote firm for 180 calendar days from the date specified for receipt of quotes unless another time period is specified in an addendum to the solicitation.

(xiv) Defense Priority and Allocations System (DPAS) is not applicable

(xv) The due date and time for Quotes is Tuesday, August 27, 2024, 12:00 PM (EDT).

Quotes shall be delivered via email to LaToya Carter, CarterL@sec.gov.

Late quotes shall not be accepted.

Quotes shall consist of the five (5) electronic files, Microsoft Word, Adobe PDF, and/or Microsoft Excel type files:

1. Volume 1 – Technical Quote (Microsoft Word or Adobe Pdf).

2. Volume 2 – Price Quote (Microsoft Word, Adobe PDF and/or Microsoft Excel).

3. Pricing Spreadsheet (Microsoft Excel Spreadsheet).

Pricing Spreadsheet Tabs

- Contract Costs

4. Courses Catalog Listing (Microsoft Word, Adobe PDF and/or Microsoft Excel).

5. Commercial Published Pricing (Microsoft Word or Adobe PDF).

(xvi) All questions concerning this solicitation shall be submitted in writing to LaToya Carter at

CarterL@sec.gov, and courtesy copy, no later than 12:00 PM EDT, Monday, August 19, 2024.

Email submission of questions is required. Questions submitted after the specified time/date may not be addressed.

RFQ 503102224Q0083 Enclosures:

RFQ Enclosure 1 – Statement of Work (SOW) RFQ Enclosure 2 – Pricing Spreadsheet RFQ Enclosure 3 – Contract Terms and Conditions RFQ Enclosure 4 – Past Performance Questionnaire RFQ Enclosure 5 – Regional Offices Listing

Contract Attachments for review that may be required at contract award:

Attachment 1 – Non-Disclosure Agreement – Contractor Entity Attachment 2 – Non-Disclosure Agreement – Contractor Personnel Attachment 3 – Authorization for Release of Credit Information

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Attachment 4 – Request for PERSEC Determination Attachment 5 – Declaration for Federal Employment Attachment 6 – OIT Rules of the Road