RFQ SAQMMA10Q0141 - Sounding Board - Idea Generation Software FINAL.docx

SAQMMA10Q0141

UNITED STATES department of state

REQUEST FOR QUOTE

SAQMMA10Q0141

IDEA GENERATION SOFTWARE

1. OVERVIEW

1.1. BACKGROUND

The Sounding Board is a U.S. Department of State (DoS) intranet forum established in February 2009 by Secretary of State Hillary Rodham Clinton to enable domestic and overseas employees to submit concrete ideas for improvements to the way the DoS operates. The program was announced at the Secretary’s first employee town hall meeting in which she underscored the importance for DoS to serve as a good steward of scarce taxpayer resources.

The Sounding Board program is designed to allow all DoS employees to have an ongoing conversation on new, smarter, and more effective ways of enabling the United States’ foreign policy goals. The vision and goals of the program are:

1.1.2. Vision: Collaboration, Communication, Transparency

a) Develop and encourage active involvement by DoS employees;

b) Afford employees the opportunity to provide feedback on management ideas, programs, and initiatives;

c) Promote open debate and discussion on innovation and reform;

d) Foster discourse between employees and the DoS senior leadership;

e) Demonstrate success early;

f) Establish and maintain mutual trust between the user community and The Sounding Board.

1.1.3. Goals: Communication, Innovation and Reform

a) Encourage participation and stimulate debate;

b) Show significant improvement in relevant areas of employee surveys;

c) Promote mutual understanding on management issues;

d) Identify problem areas requiring attention of senior management;

e) Provide recommendations to senior management on more efficient ways to do business;

f) Identify and implement both "micro" and "macro" ideas on innovation and reform;

g) Report progress on a periodic basis;

h) Positively enhance employee motivation and empowerment, and make better use of employees' talents.

1.2 CURRENT ARCHITECTURE

The Sounding Board is built on enhanced blog software, “Moveable Type.” It currently has only basic functionality that allows users to post and comment on ideas and for moderators to approve idea publication (this process is tracked using a Microsoft SharePoint list). Fields were added to indicate an ideas status (done, in the works, under consideration, not currently feasible, etc.) and to bundle like ideas. The current architecture is described in Attachment A – Current Sounding Board Architecture.

1.3. OBJECTIVE

The DoS requires an Idea Generation software tool/toolset to replace, and thereby augment, the current Sounding Board system. The current data shall be extracted from Moveable Type and migrated to the new Idea Generation software.

The DoS intends to establish a Blanket Purchase Agreement (BPA) under which the DoS may make repetitive purchases of idea generating software and services in a streamlined, pre-negotiated manner, to facilitate the missions of the Sounding Board program and the overall DoS.

2. RELEASE OF INFORMATION

Interested parties are reminded that information furnished hereunder may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business, or contain trade secrets, proprietary, or personnel information must be clearly marked. Marking of items will not necessarily preclude disclosure when the DoS determines disclosure is warranted by FOIA. However, if such items are not marked, all information contained within the submitted documents will be deemed releasable.

3. AWARD METHOD

3.1. AWARD TYPE

This BPA shall establish a limited supply schedule and terms for subsequent DoS issuance of fixed-price commercial item supply orders as well as IT Services.

3.2. EXTENT OF OBLIGATION

This BPA does not create an obligation. The Government is obligated only to the extent of authorized purchases actually made under this BPA.

3.3. BPA AWARD PROCEDURE

The DoS shall establish this BPA, i.a.w. FAR 13.303 and FAR 13.5 Procedures.

3.4. AGGREGATE BASIS

The BPA award shall be on an aggregate basis for all supplies and services ("all or nothing") listed in section 7 below, as priced in Attachment B – Pricing Table. All Quoters that do not quote a solution for all supplies and services requested shall not be eligible for BPA award.

4. RFQ CLOSING DATE AND TIME

Quoters shall submit all quotes by e-mail to RogersAN@state.gov so that they arrive at that electronic address not later than the due date/local time listed in this solicitation. The DoS will not accept quotes submitted by fax or U.S. Mail.

5. QUESTIONS

The DoS will accept RFQ questions in writing by e-mail only. All communications in reference to this RFQ shall cite the solicitation number and be directed to the following individual:

Name: Amanda Rogers Title: Contract Specialist Phone: 703-875-5481 E-mail: RogersAN@state.gov

Questions should be received by close of business four (4) calendar days after issuance of this RFQ to ensure a timely response. Questions received after that date may not be answered prior to the date established for the receipt of quotes.

The DoS does not plan to hold a pre-quote conference for Quoters. If, after a review of questions submitted, the DoS believes a pre-quote conference is necessary, one will be scheduled and all prospective Quoters will be advised.

6. COMMUNICATION REGARDING RFQ

Quoters may only contact the Contract Specialist or the Contracting Officer, listed in section 11.1 below, regarding this RFQ. Communication concerning this RFQ with other Government personnel, including contractor support personnel, is prohibited unless specifically authorized elsewhere herein. If such contact occurs, the Quoter making such contact may be excluded from award consideration.

7. SUPPLIES AND SERVICES

The BPA holder shall furnish the following supplies and services in accordance with this BPA if and when requested by the Contracting Officer (or the authorized representative of the Contracting Officer). For detailed required specifications of the software see Attachment C: Software Specifications.

Supply/Service

Provisioning costs for use behind DoS firewall

Software Enterprise License, 30K-40K users

Software Enterprise License, 40K-50K users

Software Enterprise License, 50K-60K users

Software Enterprise License, 60K-70K users

Software Enterprise License, 70K-80K users

Migration/Implementation

IT Professional Services

Training Courses

Ongoing/Periodic Customization

IT Professional Services

Ongoing Training

Training Courses

8. PRICING

8.1. PRICING TABLE

The Quoter shall use Attachment B: Pricing Table to establish prices, quantities and labor categories (as applicable) for each BPA line item. Please note that labor rates may be subject to re-adjustment during the life of the BPA, in accordance with clause 52.222-41 included by reference below.

8.2. BPA CEILING AMOUNT

The total aggregate ceiling price of this BPA is [to be entered at time of award].

8.3. LABOR HOUR RATES

The labor rates quoted shall be fixed hourly rates which include the following: wages, indirect costs (including overhead, fringe benefits and general and administrative expenses), and profit. The rates shall also reflect any applicable discounts as priced by the Contractor-completed Attachment B: Pricing Table.

9. INSPECTION AND ACCEPTANCE

An authorized representative of the Government shall make inspection and acceptance at destination at the order level.

10. DELIVERIES/PERFORMANCE

10.1. PERIOD OF PERFORMANCE

This BPA shall be effective on the date of the Contracting Officer's signature, and shall remain in effect for five years or until the first of the following to occur:

(a) BPA aggregate ceiling amount is reached; or

(b) Government cancels the BPA.

10.2. PLACE OF PERFORMANCE

The Government shall specify the place of performance (i.e. place of delivery, F.O.B. point) at the order level. Place of performance shall be F.O.B. Destination Continental U.S. unless otherwise mutually agreed upon at the order level by the DoS and the BPA holder.

10.3. DELIVERY TIME

Delivery time After Receipt of Order (ARO) shall not exceed 60 calendar days for supplies. Multiple "drop shipments" with varying places and times of origin, resulting in multiple deliveries, no matter how well-coordinated or synchronized, are not acceptable. The BPA holder shall take all necessary steps and assume all necessary costs to ensure that one single shipment is made for each order. The BPA holder shall deliver all supplies on each order as one single shipment per order.

11. CONTRACT ADMINISTRATION

11.1. CONTRACT ADMINISTRATION DATA

Contracting Officer: Renee Hill Office: A/LM/AQM/IT Telephone Number: 703-875-6747 E-Mail Address: HillRM@state.gov

Contract Specialist: Amanda Rogers Office: A/LM/AQM/IT/ISB Telephone Number: 703-875-5481 E-Mail Address: RogersAN@state.gov

First Class Mailing:

U.S. Department of State Office of Acquisition Management P.O. Box 9115, Rosslyn Station Arlington, Virginia 22219

Courier or Hand Delivery:

U.S. Department of State Office of Acquisition Management Room 200 1701 N. Ft. Myer Drive Arlington, Virginia 22209

11.2. INVOICING (OCT 2008)

Invoice submission is only via the Office of Claims’ Commercial Claims Operations fax server, toll-free number: 866-483-3436, unless otherwise indicated. Each invoice must be transmitted separately.

To constitute a proper invoice, the invoice must include the following information and/or attached documentation:

(1) Name and Address of the Contractor

(2) Dun and Brad Street Universal Number System (DUNS)

(3) Date of invoice

(4) Unique Vendor Invoice Number

(5) Remittance Contact Information

(6) Shipping Terms, Ship to Address

(7) Payment Terms

(8) Total Quantity of Items

(9) Total Invoice Amount

(10) Requisition Number, Contract Number, and Order/Award Number, with modification number if applicable.

(11) Order line item number and information (see below instructions) The name and DUNS of the Contractor on the invoice must match the information indicated on the order/award for proper payment.

IMPORTANT: For proper payment, the invoice must detail products and/or services delivered on a line item basis in direct accordance with the corresponding order/award/contract. Each line item must contain the following information:

(1) Description of the services rendered for each line item

(2) Line Item Quantity

(3) Line Item Unit Price

(4) Total Line Item Invoicing Amount

(5) Delivery Date

(6) Contract Line Item Number (CLIN)

(7) Order/Award Line Item Number if invoicing against a task or delivery order or Blanket Purchase BPA (BPA)

Please note that many task or delivery orders against Department of State or GSA contracts or blanket purchase BPAs may have a separate and unique line item number in addition to the umbrella Contract Line Item Number (CLIN). The order line item number as well as the umbrella award CLIN must be referenced at each invoice line item level in such cases.

All payment to domestic claims will be disbursed by electronic funds transfer EFT. Vendors who are registered in the Central Contractor Registration (CCR) should verify and re-confirm their financial information in the database prior to invoicing. Vendors who wish to request a waiver of CCR or payment by check must submit their justification to their assigned contracting officer for consideration at least 30 days prior to billing. For vendors who are granted an EFT exception, the payment address on the invoice must match the remittance address in the vendor record cited in the award.

Additional correspondence should be addressed to:

Name:

U.S. Department of State Global Financial Services Attn: Office of Claims (RM/GFS/F/C) Charleston Financial Service Center

Mailing Address:

Post Office Box 150008 Charleston, SC 29415-5008

Telephone Numbers:

Director’s Secretary Voice 843-202-3761 Fax 843-746-0749 Official Office Hours: 8:00 am – 5:00 pm

To request Payment Status on a Past Due Invoice contact:

Office of Claims Customer Service E-mail: commercialclaims@state.gov Phone: 877-704-9473 Toll Free Person to Contact: Supervisor, Vendor Claims E-mail: GFS-ChiefVC@state.gov Phone: 843-202-3881

11.3. ORDERING ACTIVITIES

11.3.1. Authorized Ordering Activity

The DoS authorizes the following individuals and activities to issue orders under this BPA:

(a) Orders exceeding $3,000.00: all duly appointed DoS Contracting Officers in the Office of Acquisitions only ("A/LM/AQM");

(b) Orders not exceeding $3,000.00: all duly appointed DoS Contracting Officers and DoS authorized Government-wide commercial purchase card purchasers.

11.3.2. Training and IT Professional Services

Individual BPA Calls may be placed for any of the training courses and IT professional services labor categories contained in the Contractor-completed Attachment B – Pricing Table submitted as part of the Contractor’s quote, which are within the scope of this BPA. The course descriptions quoted shall form the basis for training requested by individual Task Order Requests and will be ordered by individual BPA Calls. The IT Professional Services will be identified by individual Task Order Requests and will be ordered by individual BPA Calls. The prices for these products shall be based on the pricing structure in Attachment B – Pricing Table.

11.3.3. Contractor’s Response

Upon receipt of a Task Order request (TOR), the contractor shall submit to the Contracting Officer a written price quote for the training or IT professional services requested. If the response is acceptable for its technical content and price, the work may be ordered by an individual BPA Call. The price and technical quotes shall be submitted within the timeframe specified in the TOR.

11.3.4. Evaluation of Individual TORs

The Contracting Officer and a technical evaluation team (if required) will review the technical quote for the training and/or IT professional services requirements. The Contracting Officer will evaluate the price quote. Following successful negotiations (if required) of the Contractor’s quote, the Contracting Officer may issue a funded, firm-fixed price BPA Call to the Contractor. The Contractor shall commence performance of the BPA Call pursuant to the schedule contained in the awarded order. However, the Government shall not place the BPA Call with the Contractor if the quote is found to be unacceptable and/or not in the best interest of the Government.

11.3.5. Purchase Card Orders (06/99)

(a) Definitions. "Purchase Card," as used in this clause, means the Government-wide commercial credit card currently identified as the SmartPay Purchase Card. This is the only credit card authorized to be used for the placement and payment of oral delivery orders under this BPA.

"Purchase Card Order," as used in this clause, means an oral delivery order placed under this BPA using a Purchase Card.

"Cardholder," as used in this clause, means a Federal employee to whom a Purchase Card has been issued.

(b) Purchase Card Orders in the amount of $3,000 or less may be placed by Department of State Cardholders for the supplies or services stated in section 7 of this BPA at the prices specified in the Contractor-completed Attachment B – Pricing Table. Purchase Card Orders may comprise multiple items; however, the total amount of each Purchase Card Order under this BPA shall not exceed $3,000, regardless of the authorized threshold of the orderer. Prior to placing Purchase Card Orders, purchase card holders must have a sufficient single purchase limit in the amount of $3,000. Requirements may not be split in order to remain under the established Purchase Card threshold of $3,000 per order.

(c) Notwithstanding FAR 52.216-19 "ORDER LIMITATIONS," the Contractor shall honor Purchase Card Orders if the aggregate amount of the transaction is $3,000 or less and the supplies or services requested have been approved in writing by the Contracting Officer or Contracting Officer’s Representative.

(d) Payments for Purchase Card Orders will be processed by:

(e) The contractor shall not process a transaction for payment until the purchased supplies have been shipped or services performed. Unless the Cardholder requests correction or replacement of a defective or faulty item in accordance with other BPA requirements, the Contractor shall immediately credit a Cardholder's account for items returned as defective or faulty.

(f) In addition to any packing and marking requirements stated in the BPA, the contractor shall provide the following on the packing list or shipping document:

(1) The Cardholder's name, office symbol, and telephone number; and

(2) The term "Purchase Card Order" (DO NOT write the Purchase Card Account Number).

11.4. EXCLUDED CONTACTORS AND SUBCONTRACTORS

No Contractor or Subcontractor who has assisted the DoS, directly or indirectly, in the preparation or evaluation of the RFQ leading to this BPA shall submit a quote, assist any other Contractor in the preparation of a quote, or perform under this BPA either as a prime Contractor or any tier Subcontractor.

12. SPECIAL REQUIREMENTS

12.1. SAFEGUARDING OF INFORMATION

The BPA holder and its employees shall exercise the utmost discretion concerning all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance under this BPA which has not been made public, except in the necessary performance of their duties or upon written authorization of the Contracting Officer. All documents and records (including photographs) generated under this BPA shall be for the sole use and become the exclusive property of the U.S. Government. Furthermore, no article, book, pamphlet, e-mail, recording, broadcast, speech television appearance, film, or photograph concerning aspects of work performed under this BPA shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do no cease upon the expiration or cancellation of this BPA. The BPA holder shall include the substance of this clause in all subcontracts hereunder.

12.2. NONPAYMENT FOR UNAUTHORIZED WORK (NOV 2008)

No payments will be made for any unauthorized supplies or services or for any unauthorized changes to the work specified herein. This includes supplies provided or services performed by the BPA holder of his own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and/or conditions of this BPA and to issue orders hereunder.

12.3. SMALL BUSINESS UTILIZATION

The DoS is committed to ensuring that all legislatively specified categories of small businesses are utilized effectively to the maximum extent practicable in its prime and subcontracts. The Contractor shall ensure, that small, small disadvantaged, and women-owned small businesses, including historically black colleges and universities and other minority institutions, are provided the maximum practicable opportunity to participate in this BPA.

12.4. GOVERNMENT-FURNISHED EQUIPMENT/SPACE/FACILITY/RESOURCES

If required, the Government will provide workspace and appropriate furnishings, telephones, and other materials for work performed at Government sites. All Government-resources remain the property of the U.S. Government and shall be returned by the Contractor upon completion of the services.

12.5. ORGANIZATIONAL CONFLICT OF INTEREST SPECIAL CLAUSE (11/2008)

(a) Purpose. The primary purpose of this clause is to aid in ensuring that the Contractor (1) is not biased because of its past, present, or currently planned interests (financial, contractual, organizational, or otherwise) which relate to the work under this contract, and (2) does not obtain any unfair competitive advantage over other parties by virtue of its performance of this contract.

(b) Scope. The restrictions described herein shall apply to performance or participation by the Contractor and any of its affiliates or their successors in interest (hereinafter collectively referred to as "Contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity.

(1) Technical consulting and management support services.

(i) The Contractor shall be ineligible to participate in any capacity in Department contracts, subcontracts, or proposals therefore (solicited or unsolicited) which stem directly from the Contractor's performance of work under this contract for a period of three years after completion of this contract. Furthermore, unless so directed in writing by the Contracting Officer, the Contractor shall not perform any technical consulting or management support services work under this contract on or relating to any of its products or services or the products or services of another firm if the Contractor is or has been substantially involved in their development or marketing.

(ii) If the Contractor under this contract prepares a complete or essentially complete statement of work or specifications to be used in a competitive acquisition, the Contractor shall be ineligible to participate in any capacity in any contractual effort which is based on such statement of work or specifications for a period of three years after completion of this contract. The Contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the Contracting Officer, in which case the restriction in this subparagraph shall not apply.

(2) Access to and use of information.

(i) If the Contractor, in the performance of this contract, obtains access to information such as Department plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L. 93-579), or data which has not been released or otherwise made available to the public; the Contractor agrees that without prior written approval from the Contracting Officer it shall not: (a) use such information for any private purpose unless the information has been released or otherwise made available to the public; (b) compete for work for the Department based on such information for a period of six months after either the completion of this contract or until such information is released or otherwise made available to the public, whichever occurs first; (c) submit an unsolicited proposal to the Government which is based on such information until one year after such information is released or otherwise made available to the public; or (d) release such information unless such information has previously been released or otherwise made available to the public by the Department.

(ii) In addition, the Contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974, or other confidential or privileged technical, business, or financial information under this contract, it shall protect this information from unauthorized use or disclosure for as long as it remains proprietary and refrain from using the information for any purpose other than that for which it was furnished.

(iii) The Contractor shall have, subject to patent, data, and security provisions of this contract; the right to use technical data it first produces under this contract.

(c) Disclosure after award.

(1) The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor will make a full disclosure in writing to the Contracting Officer. This disclosure shall include a description of actions which the Contractor has taken or proposes to take to avoid or mitigate the actual or potential conflict.

(2) If the Contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contracting Officer, the Government may terminate the contract for default.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts of any tier which involve performance or work of the type specified in subparagraph (b)(1) of this clause or access to information of the type covered in subparagraph (b)(2) of this clause. The Contractor shall obtain for the Department an Organizational Conflict of Interest Disclosure Statement or Representation from each intended subcontractor or consultant. The Contractor shall not enter into any subcontract nor engage any consultant unless the Contracting Officer shall have first notified the Contractor that there is little or no likelihood that an organizational conflict of interest exists or that despite the existence of a conflict of interest the award is in the best interest of the Government.

(e) Remedies. For breach of any of the above restrictions or for nondisclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the Government may terminate the contract for default, disqualify the Contractor for subsequent related contractual efforts and pursue such other remedies as may be permitted by law or this contract.

(f) Waiver. Requests for waiver under this clause shall be directed in writing to the Contracting Officer and shall include a full description of the requested waiver and the reasons in support thereof. If it is determined to be in the best interests of the Government, the Contracting Officer shall grant such a waiver in writing.

(g) Modifications. Prior to any contract modification (except for the exercise of options) which (1) modifies the statement of work to add new work, (2) significantly increases the period of performance, or (3) changes the parties to the contract, the Contractor shall submit a current Organizational Conflict of Interest Certification and Disclosure.

12.6. BPA CONTENTS

This BPA shall consist of the following sections of the RFQ and all amendments thereto.

The only parts of the Contractor’s quote that shall be included in the BPA are those sections specifically requested by, evaluated by, and approved by the DoS. The Contractor’s quote shall not be incorporated in its entirety by default.

a) 3 Award Method

b) 7 Supplies and Services

c) 8 Pricing

d) 9 Inspection and Acceptance

e) 10 Delivery and Performance

f) 11 Contract Administration

g) 12 Special Requirements

h) 13 Additional Clauses

i) Quote Volume I – Technical Quote

j) Quote Volume II – Cost/Price Quote

k) Quoter-completed provisions 52.212-3 and 652.225-70 shall be incorporated by reference

13. ADDITIONAL CLAUSES

13.1. CLAUSES BY REFERENCE

Amended (Aug 1999)

13.2. CLAUSE IN FULL TEXT

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Apr 2010)

(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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(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.] X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Mar 2009) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

___ (4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009) (Pub. L. 111-5).

___ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

___ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (7) [Reserved] X (8) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-6.

___ (iii) Alternate II (Mar 2004) of 52.219-6.

___ (9) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

X (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

___ (11) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637 (d)(4).)

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

X (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

___ (13) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (14) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (15) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (16) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

X (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

X (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Aug 2009) (E.O. 13126).

X (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).

X (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

X (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).

___ (26) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (27) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (28) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (29) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

___ (30) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

___ (31) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138).

___ (ii) Alternate I (Jan 2004) of 52.225-3.

___ (iii) Alternate II (Jan 2004) of 52.225-3.

X (32) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (33) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (36) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (37) 52.232.30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

X (38) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332).

___ (39) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

X (40) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

X (41) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (42) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(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.] X (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

X (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).

___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(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, 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 (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(vii) [Reserved]

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) 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)

52.252-2 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):

http://www.arnet.gov/far http://statebuy.state.gov/dosar.

(End of Clause)

14. ADDITIONAL PROVISIONS

14.1. PROVISION BY REFERENCE

14.2. PROVISIONS IN FULL TEXT

52.212-1 Instructions to Offerors -- Commercial Items (Jun 2008)(DEVIATION)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition are: 511210 Software Publishers, $25.0M average annual receipts. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. This solicitation is 100% set aside for small business concerns.

(b) Reserved.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Reserved.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Reserved.

(i) Reserved.

(j) Data Universal Numbering System (DUNS) Number. (Applies to offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the Internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(7) Requests for debriefing shall be submitted in writing (e.g. e-mail) to the Contracting Officer. The DoS shall not accept verbal requests for debriefing.

(8) The DoS shall provide a written debriefing to requesting offerors in accordance with this section. The DoS shall not honor requests for debriefing by non-written means (i.e. verbal).

(End of Provision)

Addenda to 52.212-1

(a) Quotations shall be organized in two separate volumes, as follows:

(b) Each Volume shall include a cover page, which shall include the following minimum information:

(i) Solicitation Number

(ii) Solicitation title (“DoS Sounding Board - Idea Generation Software”)

(iii) Quote Date

(iv) Solicitation closing date and time

(v) Name, address, telephone number, and DUNS number of Quoter

(vi) Name, phone number, and email of individual submitting quote

(vii) Volume Number (I or II)

(viii) Volume Title (“Technical Quote” or “Cost/Price Quote”)

(ix) Express acknowledgement and acceptance of all solicitation terms and conditions

(c) Quote format:

(i) The Quoter shall submit electronically Volume I – Technical Quote and Volume II – Cost/Price Quote as two (2) separate attachments to a single e-mail. Volume I shall use Microsoft Word format. Volume II shall use Microsoft Excel format, with all cells unhidden, unlocked, and not write-protected, to permit DoS manipulation in order to verify arithmetic and formulas.

(ii) Quote font size shall be 12 point, and style shall be Regular - Times New Roman (excluding headers and titles).

(iii) Quoter shall format pages to print on standard 8.5” x 11” paper, without requiring file manipulation.

(iv) Margins shall be one inch at top/bottom and left/right of the page and pages may not be reduced form. Headers and footers are permitted in the margins and their font size may be no smaller than 10 point.

(v) No page limitation is required; however, Quoters are cautioned to include only those details necessary to respond to the RFQ requirements and to omit any general or marketing-type product or company information.

(d) Volume contents:

Quoter shall complete column C for all rows on Attachment C – Software Specifications. Software quotes must meet all features marked “Required” to be eligible for award. Failure to complete all rows may result in an unresponsive quote and removal from award consideration.

(iii) Migration/Implementation Approach:

Quoter shall describe its technical approach for the Migration/Implementation requirements in Attachment E – Migration/Implementation.