RFQ_ Instructions for eAppeals Helpdesk.docx

Merit Systems Protection Board Information Resources Management Solicitation: MSPB 2024-0001

Solicitation: eAppeals Helpdesk support

1.0 OVERVIEW

1.1 Purpose

The objective of this acquisition is to award one (1) task order, for the services described in this RFQ and its attachments.

It is anticipated that services will begin July 8, 2024, to July 7, 2025, with two option years as follows:

Base Year July 8, 2024, to July 7, 2025 Option year One July 8, 2025, to July 7, 2026 Option Year Two July 8, 2026, to July 7, 2027

1.2 Required Special Item Numbers (SINs)

In order to be considered for award, a vendor/Contractor Team Arrangement (CTA), collectively, will be required to cover the SIN(s) listed below awarded on their (or collectively on the CTA’s) Schedule contract(s). Any quotes received from a contractor or CTA that does not cover the required SIN(s) will be ineligible for award. The government has determined that work falls under the following SIN(s): 541519 Other computer related services.

1.3 Commitment of Public Funds

The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with the proposed acquisition. Any other commitment, either explicit or implied, is invalid.

1.4 Questions

Questions concerning this RFQ must be submitted by June 24, 2024, by 8:00 AM Eastern Standard time. via: email with the subject header [“RFQ: xxxxxxxx”]to the email thelma.torres@mspb.gov The Government is not obligated to provide responses to any questions submitted after that date.

1.5 Quotation Due Date

This solicitation is being issued via www.sam.gov only. All submissions directed by the solicitation shall be via www.sam.gov and no other method will be accepted. In order to be considered for award, quotations conforming to the requirements of the RFQ must be received no later than 12:00pm Eastern Standard Time on June 28, 2024, via email to thelma.torres@mspb.gov

Proprietary information submitted in response to this solicitation shall be clearly marked as such and will be protected from unauthorized disclosure as required by Subsection 27 of the Office of Procurement Policy Act as amended (41 U.S.C.423) as implemented in the FAR. Any unmarked proprietary information will be considered releasable under the restrictions of the Freedom of Information Act.

2.0 GENERAL INSTRUCTIONS TO CONTRACTORS

2.1 General Submission Instructions Sample 1

(1) Contractors shall submit quotes to the office and via the method specified in this solicitation at or before the exact time specified in this solicitation. At a minimum, quotes must show -

(i) The solicitation number;

(ii) The name and email address of the Contractor Point of Contact.

(iii) Company name, address and Unique Entity Identifier

(2) If the Contractor objects to any of the terms and conditions contained in this solicitation, the Contractor shall state in its quote, "The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:" [Contractor shall list exception(s) and rationale for the exception(s)]. It is the sole responsibility of the contractor to identify in their quote any exceptions to the terms and conditions of the solicitation. If the contractor does not include such a statement, the submission of a quotation in response to this solicitation will be regarded as the Contractor's acceptance of the Government's terms and conditions, as contained in the latest amendment, for inclusion into the resultant task order.

(3) Quotes submitted must be valid for a period of thirty (30) calendar days.

2.2 Submission of Quote Package

The RFQ response package is due by the date and time established in the Quotation Due Date section and shall consist of two (2) volumes (separate files). The Volumes are: Volume 1 – Technical and Past Performance Quote and Volume 2 – Price Quote. Quote Packages shall be formatted so as to be printable on non-reduced 8-1/2” x 11” pages with 1” margins.

Offerors are advised that the entire quote package submission, inclusive of all attachments, shall not exceed twenty (20) pages. Notwithstanding any other statement within the solicitation, there is a size limitation of fifteen (15) pages for the Technical Quote submission. This limitation is inclusive of any charts, tables, pictures, and diagrams, if required and/or applicable. Pages that exceed the required page limitations will not be evaluated.

The RFQ response package shall be organized as follows:

Volume 1 - Technical Quote: the technical quote shall consist of the following sections: Technical Capabiltiy and Personnel Experience Technical Capability Submission Instructions: The contractor shall provide a Technical and Management Approach clearly demonstrating how the Government’s requirements will be met. The contractor shall also provide proof of Tyler Technologies Certified Partnership, at least at the Ready Level. This section shall address: transition-in, staffing, training, methodology for completion of the work, and quality assurance procedures.

Personnel Experience Submission Instructions: For any staff designated as Key Personnel, the Contractor shall provide resumes which clearly demonstrate the extent that the personnel meet or exceed the required minimum qualifications. The contractor shall also provide project descriptions detailing the similarity and relevance of the contractor employee(s)’ prior experience to the subject requirements.

Past Performance Submission Instructions: The offeror shall provide past performance information for no more than three (3) of the most relevant contracts performed for Federal agencies, state/local governments and/or commercial customers within the last three (3) years from the issue date of this RFQ or currently being performed. Relevant contracts include contracts similar or greater in scope, magnitude, and complexity than the effort described in this RFQ. The Offeror shall provide a Contractor Performance Assessment Report (CPAR) for the referenced project, if one is available.

Volume 2 – Price Quote: The quote must contain line items for all services/labor categories to be furnished under the resulting award.

The solicitation requires offerors’ quotations to price options which will be included in the overall evaluation of offers for award in accordance with FAR Subpart 17.2.

The offeror must submit firm-fixed prices for every line item listed under each performance period. The offeror must also provide a Total Evaluated Price for the overall performance period. All prices quoted shall be inclusive of all labor, materials and equipment to successfully perform the services identified. The quote must clearly detail the level of effort and the mix of labor proposed to perform the specific tasks being requested.

3.0 EVALUATION FACTORS

Award will be made upon the basis of best value, utilizing trade-offs of non-price factors and price. The contract will be awarded to the Vendor whose quotation represents the overall best value to the Government. The non-price factors are listed in descending order of importance and when combined are equally important to price.

· Non-price Factors:

· TECHNICAL CAPABILITY: The Government will evaluate the degree to which the technical and management approach demonstrates a thorough understanding of the requirements and provides a viable plan and means for successful completion, including transition-in, staffing, training, methodology for completion of the work, and quality assurance procedures.

· PERSONNEL EXPERIENCE Key Personnel Experience will be evaluated to determine the degree of and relevance of experience the Key Personnel possess related to the subject requirements. Evaluation of experience will factor in the length and degree of experience in the relevant technical areas. Please note that, as a condition of contract award and performance, should the contractor wish to substitute proposed Key Personnel in their proposal (or during performance, if after award), the replacement staff must possess education and/or experience equivalent to or exceeding that of the individual(s) being replaced, subject to the approval of the Contracting Officer, prior to performance.

· PAST PERFORMANCE: The Government will evaluate the quality of the offeror's past performance deemed relevant to the requirements of this RFQ. The Government will use information submitted by the offeror and any other sources of information available to assess past performance. The Government will evaluate past performance on an Acceptable/Unacceptable basis as follows:

· Acceptable: Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

· Unacceptable: Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

NOTE: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror shall be determined to have unknown (or “neutral”) past performance.

· Price: Price will be evaluated to determine whether the proposed price is fair and reasonable to the Government and in alignment with the technical requirements in terms of the labor mix and level of effort to determine overall best value. The Government will evaluate the proposed total cost/price of the full performance period to determine that the cost/price is valid, realistic and consistent with the prices and labor rates.

Price volumes will be evaluated for consistency and understanding of the project requirements and the PWS.

The offeror shall list the anticipated hours it expects to perform within each labor category for the entire period – July 8, 2024, through July 7, 2025 (assuming a 40-hour work week minus government holidays, any sick and leave hours anticipated for the base period July 8, 2024 July 7, 2025, and the option period one July 8, 2025 through July 7, 2026 and option year two, July 8, 2026 through July 7, 2027.for each Contract Line-Item Number (CLIN).

The Government reserves the right to conduct discussions during this procurement if determined to be advantageous to the Government by the Contracting Officer. However, there is no intent to conduct discussions and contractors should submit a final proposal in response to the solicitation.

4.0 RFQ PROVISIONS

PROVISIONS AND CLAUSES

The following provisions and clauses are incorporated by reference:

52.204-7 System for Award Management 52.204-9 Personal Identification Verification of Contractor Personnel 52.212-4 Contract Terms and Conditions – Commercial Items 52.224-1 Privacy Act Notification 52.224-2 Privacy Act 52.227-14 Rights in Data – General 52.227-19 Commercial Computer Software License 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.233-4 Applicable Law for Breach of Contract Claim

FAR 52.233-2, SERVICE OF PROTEST (AUG 1996)

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 Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

U.S. MSPB

T. Jae Torres 1615 M Street NW Street Ste 500 Washington, DC 20036

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

FAR 52.217-5, EVALUATION OF OPTIONS (JULY 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).

The following clauses are full text:

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

(a) Definitions. As used in this clause- “Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments. “Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS. (JUL 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108- 77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

(JAN 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 1 9 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43.

seq., 19 U.S.C. 3301 note).

(51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

(63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

13706).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

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): https://www.acquisition.gov/browse/index/far

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): https://www.acquisition.gov/browse/index/far