RFQ0006904_-_Milestone_Software.docx

RFQ 0006904

Milestone Software and Training 14 June 2016

U.S.

Department of Justice Federal Bureau of Investigation

RFQ 0006904 – Milestone Software and Training

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 – Streamlined Procedures for Evaluation and Solicitation for Commercial Items, FAR Subpart 13.5 – Simplified Procedures for Certain Commercial Items, an as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

(ii) The solicitation number is RFQ0006904 – Milestone Software and Training and is issued as a Request for Quote (RFQ).

(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-87-2, dated April 6, 2016.

(iv) This solicitation is being competed as full and open competition. The associated North American Industrial Classification System (NAICS) code for this procurement is 541519 – Other Computer Related Services. The small business standard size for this NAICS is $27.5M.

(v) Contract Line Item Numbers (CLINs) and descriptions, quantities, and units of issue.

Table 1

Milestone

XPCOBT

XPCODL

Y3XPCODL

(see note below)

Note: For CLINS 0008 – 0012, all training must be provided by Milestone, vendors are required to subcontract with Milestone to provide the needed training sessions.

(vi) The Federal Bureau of Investigation requests open market pricing for the “brand name” products listed above. See approved brand-name justification attached to the RFQ. Vendors proposing similar/like items will be considered unresponsive and will not be evaluated by the government or considered for award.

(vii) Delivery Requirement

All items will be shipped to:

Federal Bureau of Investigation Attn: Andrew Melendez Engineering Research Facility Bldg 27958-A Quantico, VA 22135

Shipping: All deliveries under this order shall be FOB destination. All items procured under this order will be delivered to Quantico, Virginia. Items are due within 120 days of award. Staggered deliveries for all units may be available.

(viii) The provision at Federal Acquisition Regulation (FAR) 52.212-1 – Instructions to Offerors – Commercial apply to this acquisition and are incorporated by reference.

(ix) The provision at FAR 52.212-2 - Evaluation – Commercial Items does not apply to this acquisition. However, in accordance with FAR Subpart 13.106-1(a)(2), vendors are informed that award will be made on a “lowest price, technically acceptable (LPTA) basis.

(x) Quote’s must include a completed copy of the provision at FAR 52.212-3 – Offerors Representations and Certifications – Commercial Items, with their quote. A print out of SAM website reps and certs is acceptable, as long as the SAM reps and certs are up to date on the SAM website. Per Paragraph (b)(1) of this provision, any changes provided by the vendor in paragraph (b)(2) of this provision do not automatically change the representation and certifications posted on the SAM website. It is the vendor’s responsibility to ensure their SAM registration is up to date prior to any contract awards.

(xi)The clause at FAR 52.212-4 – Contract Terms and Conditions – Commercial Items apply to this acquisition and are incorporated by reference.

(xii)The clause at FAR 52.212-5 – Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items, applies to this acquisition and the following additional FAR clauses cited within the clause are applicable: 52.203-6, 52.204-10, 52.209-6, 52.209-9, 52.219-8, 52.219-28, 52.222-3, 52.222-19, 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.222-40, 52.222-50, 52.223-18, 52.225-1, 52.225-13, and 52.232-33.

The full text of the referenced FAR clauses may be accessed electronically at https://www.acquisition.gov/far/.

(xiii) Additional contract requirement(s) or terms and conditions:

52.204-2 – Security Requirements (Incorporated by reference).

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52.227-19 – Commercial Computer Software License. (Incorporated by reference).

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52.232-39 – Unenforceability of Unauthorized Obligations. (Incorporated by reference).

(End of Clause)

52.237-2 – Protection of Government Buildings, Equipment, and Vegetation. (Incorporated by reference).

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Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability – Solicitation (DEVIATION 2015-02) (March 2015)

(a) None of the funds made available by the Department’s current Appropriations Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with a corporation –

(1) 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 an 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 (2) 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, where the awarding agency is aware of the unpaid tax liability, unless an 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.

(b) By submitting a response to this solicitation, the quoter represents that, as of the date of this quote –

(1) the quoter is not a corporation convicted of a felony criminal violation under any Federal or State law within the preceding 24 months; and, (2) the quoter is not a corporation that has any unpaid Federal or State 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)

Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse- Solicitation (DEVIATION 2015-02) (March 2015)

None of the funds appropriated to the Department under its current Appropriations Act may be used to enter into a contract, grant, or cooperative agreement with an entity that requires employees or contractors of such entity seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors 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. By submitting a response to this solicitation, the contractor certifies that it does not require employees or contractors of the contractor seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting waste, fraud, and abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

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Small Business Accelerated Payment

The Contractor must indicate their business size on each invoice to assist the payment office in determining eligibility for accelerated payment in accordance with OMB Memo M-11-32, “Accelerating Payments to Small Businesses for Goods and Services,” dated 10/14/2011. The Prompt Payment Act still applies to this action. However, the agency will make best efforts to pay proper invoices within 15 days.

(End of Clause) SAM Requirement

Note: Ensure your firm is registered in System for Award Management (SAM) - All vendors must be registered in SAM, effective July 29, 2012, to receive government contracts. The FBI is utilizing a new financial system that has a direct interface with the SAM. If any current FBI vendor data conflicts with SAM Data, the information contained in SAM may override our current information. Please ensure that your company’s SAM information is updated and accurate. This includes: TIN, EFT, DUNs, addresses and contact information. The EFT banking information on file in SAM will be what the FBI uses to process payment to your organization.

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FBI Procurement Risk Assessment (PRA): The required piece of equipment/software is considered a critical asset. Vendors are required to submit the attached Acquisition Risk Questions (ARQ) and Key Personnel Listing (KPL), along with their quote. (See Attachment 1).

(End of Clause)

Requirements For the Procurement of Critical Assets

Every effort must be made to ensure that supplies are provided and integrated and services are performed using sound security components, practices, and procedures. Acquisition of supplies or services from concerns under Foreign Ownership, Control, or Influence (FOCI) or of supplies developed, manufactured, maintained, or modified by concerns under FOCI (any or all of which shall be referred to herein as "Use of FOCI source") is of serious concern and must be approved prior to contract award. Approval decisions will be made on a case-by-case basis after the source or technology has been identified by the Quoter and subjected to a risk assessment.

The risk assessment process will vary depending on the acquisition type and proposed use of a FOCI source, available risk mitigation measures, and the information/justification provided by the Quoter.

Any Quoter responding to this Request for Quotation (RFQ) acknowledges the Government's requirements to secure services or equipment from firms which are not under Foreign Ownership, Control, or Influence (FOCI), or where any FOCI, in the opinion of the Government, adversely impacts on National Security or security requirements. The Quoter understands and agrees that the Government retains the right to reject any response to this RFQ made by the Quoter, without any further recourse by or explanation to the Quoter, if the FOCI for that Quoter are determined by the Government to be an unacceptable security risk.

Risk assessments will be on a case-by-case basis and will be used to determine whether the use of a FOCI source poses an unacceptable security risk. If an unacceptable security risk is determined, the Government retains the right to reject the use of a FOCI source or to require that certain risk mitigation measures be taken by the Quoter. Similarly, the Government retains the unilateral right to approve the use of a FOCI source when the risk assessment indicates that such use would be in the Government's best interests. If the use of a FOCI source is not approved, no classified information will be disclosed to the Quoter as part of the Government's rationale for non-approval. The Quoter (prime and subcontractors) may not seek reimbursement from the Government for any costs associated with responding to this RFQ as a result of a FOCI non-approval decision.

The Quoter shall complete the Acquisition Risk Questions (ARQ) and Key Management Personnel Listing (KMPL) (attachment 1) for the prime contractor and all proposed subcontractors. Provision of false information shall be cause for default under the Default Clause of this contract.

The Government reserves the right to prohibit individuals who are not U.S. citizens from all or certain aspects of the work to be performed under this Contract.

Foreign Ownership, Control, or Influence (FOCI) - For purposes of this clause, a U.S. company is considered under FOCI whenever a foreign interest has the power, direct or indirect, and whether or not exercisable through the ownership of the U.S. Company’s securities, by contractual arrangements or other means, to direct or decide matters affecting the management or operations of that company.

Changed conditions, such as change in ownership, indebtedness, or the foreign intelligence threat, may justify certain adjustments to the security terms under which a company is operating, or, alternatively, that different FOCI mitigation measures be employed. If a changed condition is of sufficient significance, it might also result in a determination that a company is no longer considered to be under FOCI. There is a continuing obligation of the Selected Quoter to advise the Government of such changed conditions. Failure to abide by this obligation shall be cause for default under the Default Clause of this Contract.

Factors: The following factors will be used as the basis for making an acquisition risk determination. If the Quoter, or its proposed subcontractors, meets any of the following factors, they must identify themselves as a potential FOCI company and submit themselves for a Government acquisition risk evaluation and assessment:

(1) Ownership or beneficial ownership, direct or indirect, of 5 percent or more of the Quoter’s company's voting securities by a foreign person.

(2) Ownership or beneficial ownership, direct or indirect of 25 percent or more of any class of the Quoter’s company's non-voting securities by a foreign person.

(3) Management positions, such as directors, officers, or executive personnel of the Quoter’s company held by non-U.S. citizens.

(4) Foreign person power, direct or indirect, to control the election, appointment, or tenure of directors, officers, or executive personnel of the Quoter’s company or other decisions or activities of the Quoter’s company.

(5) Contracts, agreements, understandings, or arrangements between the Quoter’s company and a foreign person.

(6) Loan arrangements between the Quoter’s company and a foreign person if the Quoter’s company's (the borrower) overall debt to equity ratio is 40:60 or greater; or financial obligations that are subject to the ability of a foreign person to demand repayment.

(7) Annual total revenues or net income in excess of 5 percent from a single foreign person or in excess of 30 percent from foreign persons in the aggregate.

(8) Ten percent or more of any class of the Quoter 's voting securities held in "nominee shares," in "street names," or in some other method that does not disclose the beneficial ownership of equitable title.

(9) Interlocking directors with foreign persons and any officer or management official of the Quoter’s company who is also employed by a foreign person.

(10) Any other factor that indicates or demonstrates a capability on the part of foreign persons to control or influence the operations or management of the Quoter’s company.

(11) Ownership of 10 percent or more of any foreign interest.

(End of Clause)

Access To Federal Bureau of Investigation (FBI) Locations

Performance under this contract may require access to FBI locations to provide some service, product, or perform some other official function of interest to the FBI. Requirements, as identified, to include approval by the FBI’s Security Division, must be satisfied prior to access.

Contractors who will require escorted access, to include short-term, intermittent, or infrequent access, to an FBI facility must complete an “Access of Non-FBI Personnel to FBI Facilities, Background Data Information Form, (FD 816)”, a “Privacy Act of 1974 Acknowledgment Form, (FD 484)”, and two (2) fingerprint cards (FD 258). Completed forms should be provided to the assigned Contracting Officer’s Technical Representative (COTR) at least 45 days prior to required access.

Contractors requiring unescorted access to an FBI facility must complete the Standard Form 86 (SF-86) “Questionnaire for National Security Positions”, using the Office of Personnel Management’s Electronic Questionnaires of Investigations Processing (e-QIP) and provide two Fingerprint Cards (FD 258). e-Quip is a secure website that can be accessed from any computer system which has an internet connection. Only the signed release forms and FD258 will need to be mailed to the identified Chief Security Officer, the SF-86 itself will be transmitted to the FBI electronically. Additional information will be provided to the awardee, as necessary.

(End of Clause)

Contractor Suitability Requirement

Access to FBI facilities and information is subject to specific security and suitability requirements. The FBI reserves the right and prerogative to deny and/or restrict facility and information access of any contractor employee determined by the FBI, at anytime during performance, to be unsuitable for access and/or present a risk of compromising sensitive government information to which he or she would have access to under the awarded contract. Contractors will be allotted a reasonable amount of time, determined by the government, to replace the employee found not suitable for continued contract performance. Failure to replace the employee may result in a not cost termination for cause by the government.

(End of Clause)

Department of Justice Residency Requirement – Amendment

Effective immediately, the Department of Justice (DOJ) Residency Requirement is amended to apply to all DOJ contractors employed within the United States, both United States citizens and non-United States citizens. The Residency Requirement has been in effect for employees for a number of years; however, as a result of the events of September 11 and the enhanced security posture within the Department, a determination has been made to apply it to contractors. This requirement is not retroactive.

The Residence Requirement states that, for three of the five years immediately prior to applying for a position, the individual must have: 1) resided in the United States; 2) worked for the United States overseas in a Federal or military capacity, or 3) be a dependent of a Federal or military employee serving overseas.

This requirement can be waived for short-term (those contractors performing duties for a cumulative total of 14 days or less) contractors if there is a critical need for their specialized and unique skills (for example, interpreters for rare foreign languages). These individuals must be United States citizens or Permanent Resident Aliens. A waiver request from the Head of the Component outlining the extenuating circumstances along with the requisite contractor clearance security package should be submitted to the Department Security Officer for approval. Each waiver request will be reviewed and a determination made on a case-by-case basis.

Additionally, an individual, whether employee or contractor, who is not a United States citizen must be from a country allied with the United States. Since the countries on the allied countries list are subject to change, please refer to the following website for current information: http://www.opm.gov/employ/html/citizen.htm.

(End of Clause)

JAR2852.201-70 – Contracting Officer’s Technical Representative (COTR)

(a) TBD, Quantico, VA 22135, 703-XXX-XXXX, is hereby designated to act as the Contracting Officer’s Technical Representative (COTR) under this contract.

(b) The COTR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the term and conditions of the awarded contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual scope of work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COTR does not have the authority to alter the contractor’s obligations under the awarded contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If, as a result of technical discussion it is desirable to alter/change contractual obligations or the scope of work, the contracting officer shall issue such changes.

(End of Clause)

Technical Point of Contact (TPOC)

The COTR shall serve as a single technical point of contact and will provide contract-wide technical and managerial direction. A Technical Point of Contact (TPOC) may be identified at individual training locations under the contract and serve to provide technical guidance and leadership for that effort. Detailed or unique technical direction or approvals pertinent for each individual training location shall come from the TPOC; however, the COTR remains the individual ultimately responsible for the technical aspects and decisions of the overall task order. The direction of the COTR takes precedence over a TPOC.

(End of Clause)

Travel

Travel to conduct training will be required to the following places: Stafford, VA (6 sessions); Washington, D.C. (1 session); Salt Lake City, UT (1 session); Los Angeles, CA (1 session); and New York, NY (1 session), as listed in the Table 1. Dates TBD after contract award. Dates will be coordinated by the COR and contract awardee.

Travel required will be reimbursed in accordance with the Federal Travel Regulations (FTR).

(End of Clause)

Invoicing Instructions

The invoice should be attached to an email, and sent to the following address: central_invoices@ic.fbi.gov.

It is imperative that the invoice contain current and accurate contract information (contract/order number), otherwise the invoice risks being rejected.

Please note, invoices received before 5pm ET (Monday-Friday) will be considered received that business day. Any invoice received after 5pm ET will be considered received and will be entered into the invoice system on the following business day.

A proper invoice shall include the following information:

· Name and address of the Contractor

· Invoice date and invoice number. Invoice numbering should begin at 0l and be consecutively numbered thereafter. (The Contractor should date invoices as close as possible to the date of mailing or transmission.)

· Contract number, Task Order number, contract line item number and, if applicable, an order number

· Description, quantity, unit of measure, unit price and extended price of the items delivered

· Shipping number and date of shipment including the bill of lading number and weight of shipment if shipped Government bill of lading

· Terms of any discount for prompt payment offered

· Name and address of official to whom payment is to be sent

· Name, title, and phone number of person to notify in event of defective invoice

· Electronic Funds Transfer (ETF) banking information

· Contractor's First/Last Name, Number of Hours, Labor Category, Total number of hours (items can be in any order), Cumulative Number of Hours to date

· Taxpayer Identification Number (TIN). (The Contractor shall include its TIN on the invoice only if required elsewhere in this Contract)

The Contractor shall include this information on each and every invoice when invoicing for full or partial supplies/services delivered/performed. If an invoice does not contain the above information, the Bureau reserves the right to reject the invoice(s) as IMPROPER and notify the Contractor within seven (7) calendar days after receipt of the invoice at the designated billing office pursuant. (Resubmission of a PROPER invoice(s) will be required).

Payment will be made by the FBI 's Commercial Payment Unit in accordance with the Prompt Payment Act, FAR clause 52.232-25 (OCT 2003) upon the COR's (or designee) certification of receipt of services and the CO final authorization for payment.

(End of Clause)

(xiv) There is no Defense Priorities and Allocations System (DPAS) rating for this acquisition.

(xv) Quotes must be received by Wednesday, June 29, 2016 at 9:00 AM (Eastern Time). Quotes and any accompanying information must be e-mailed to Jerri.Newton@ic.fbi.gov.

Quotes may be sent using your company’s standard quote format but must include the following information: pricing and product description for the line item listed in paragraph (v), Tax ID #, DUNS #, Cage Code#, and Point of Contact with Email and telephone information.

**Question Submission**: Interested vendors must submit questions concerning the solicitation at the earliest time possible to enable the government to respond. Questions should be submitted to the attention of Jerri Newton at Jerri.Newton@ic.fbi.gov, no later than Wednesday, June 22, 2016 at 10:00 AM (Eastern Time). Please reference the RFQ# and name in the subject line of your email. Questions received after the appointed date/time may not be responded to by the government.

1. Only new equipment, not refurbished, will be accepted for this procurement.

(xvi) Point of contact regarding this solicitation:

Ms. Jerri Newton Contract Specialist Science and Technology Contracts Unit (STCU) – FBI Jerri.Newton@ic.fbi.gov 703-985-2436 image1.wmf