Section L and M for LexisNexis Kiosks.docx

Section L – Instructions, Conditions and Notices to Bidders

INSTRUCTIONS TO OFFERORS

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

ADDENDUM TO FAR 52.212-1

1. The Government contemplates award of a firm fixed price (FFP) purchase order from this solicitation. The resultant purchase order is for 14 Touch Screen Kiosks and 14 corresponding Desk Mounts with Lexis Nexis software installed in accordance with the Statement of Work (SOW) provided herein. This is a Brand Name Lexis Nexis requirement and only products meeting the requirements of the SOW will be considered for award. Please see attachment Brand Name Justification & Approval (J&A) for more details.

2. Award shall be based on best value Lowest Price Technically Acceptable (LPTA) Analysis in accordance with Federal Acquisition Regulation (FAR) Overhaul Part 12 Acquisition of Commercial Products and Commercial Services.

3. Questions regarding this procurement must be submitted via e-mail; other methods of questions submittal will not be acknowledged. The Government will make every attempt to answer all questions in a timely manner. All questions and answers will be posted for viewing by all other potential offerors. The deadline to submit questions is three (3) business day prior to closing of this solicitation.

4. Offerors need only submit their own quote by the solicitation closing that include the following:

4.1 Product Information

Offeror shall provide product information that details the exact specifications of the Touch Screen Kiosks and Desk Mounts that are being proposed for this solicitation as specified by the attached Statement of Work (SOW).

4.2 Authorized Reseller Verification

Offeror shall provide proof of authorized reseller verification. This shall be done in the form of an email or letter from the Original Equipment Manufacturer (OEM) that authorizes the offeror to provide the products being proposed for this solicitation.

4.3 Price Quote

Offeror shall provide a priced quote for the following:

5. After the solicitation closing date, the contracting officer may require an offeror to submit information promptly to demonstrate the offeror is responsible. (See responsibility determination below FAR 52.212-2). In addition, the Government will conduct an independent review to include Supplier Risk System (SPRS) and/or other governmental databases that provide information relevant to Offeror’s past performance.

OFFERORS SHOULD NOT SUBMIT ANY ADDITIONAL INFORMATION WITH THEIR QUOTE.

Section M – Evaluation Factors for Award

EVALUATION FACTORS

52.212-2 EVALUATION – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

ADDENDUM TO FAR 52.212-2

The award resulting from this solicitation will be a FFP purchase order. The Government will award this requisition based on LPTA source selection process to the Offeror who is deemed responsible in accordance with the Far Part 9 Contractor Qualifications and whose proposal confirms to all contract requirements.

1. Technical Capability Offerors shall provide the required 14 Touch Screen Kiosks and 14 corresponding Desk Mounts with Lexis Nexis installed in accordance with the Statement of Work (SOW). To be determined technically acceptable, an offeror must submit a quote that does not take exception to any term of the solicitation. The contracting officer will use the following rating table:

2. Proposed quote meets all the requirements in Section C “Minimal Technical Requirements/Salient Characteristics” of the solicitation.

2. Proposed quote does not meet the requirements in Section C: “Minimal Technical Requirements/Salient Characteristics” of the solicitation.

2. Price The Government will evaluate offers for award purposes by adding the total price for all CLINS to evaluate the total price for the requirement. The Contracting Officer will determine that the total price is fair and reasonable before awarding the task order.

3. Responsibility Determination An award will only be made to an offeror that satisfies the general responsibility standards of FAR 9.104-1.

The contracting officer may either make a responsibility determination without requesting any information from an offeror or require the offeror provide information to substantiate that it satisfies the general responsibility standards of FAR 9.104-1. The information requested from an offeror will be specific to that offeror. For example, an offeror that the contracting officer is less familiar with may be required to provide information not required from another offeror. The contracting officer may consider an offeror’s inability to promptly respond to a request for information as an indication the offeror is non-responsible since FAR 9.103(c) obligation prospective contractors to affirmatively demonstrate their responsibility.

When the contracting officer requests responsibility information, the contracting officer’s request, the offeror’s response, and all related communications between the Government and offeror are solely for the purpose of determining whether the offeror is responsible. These communications will not constitute discussions within the meaning of FAR 15.306 since the offeror will not be given an opportunity to revise its proposal.

While the contracting officer may require the offeror to provide any information related to the standards at FAR 9.104-1, the following are examples of information that may be required:

1. A demonstration, through information such as bank references and financial information (e.g., most current annual balance sheet,) that the offeror has adequate financial resources to perform the contract.

2. A demonstration the offeror’s price is not so low as to call into question the offeror’s capability to successfully perform the contract.

3. Past performance information on recent contracts for items similar to this requirement, including a point of contact for the Government activity or commercial entity customer.

4. A demonstration the offeror can comply with the required performance schedule, including a transition plan.

5. A demonstration the offeror has, or can obtain, the organizational, management and technical skills to successfully perform. This demonstration may involve the particular personnel and approaches available to the offeror.

6. The offeror’s quality assurance procedures.

7. The equipment and facilities the contractor will use.

8. Information demonstrating a proposed subcontractor satisfies the FAR 9.104-1 general standards of responsibility.

9. Completion of the 52.212-3 Offeror Representations and Certifications -- Commercial Items.

10. A demonstration the offeror isn’t an inverted domestic corporation. 11. Certificate of registration of the company.

11. A demonstration the offeror has all registrations, permits and licenses required to perform the contract in the locations for which the offeror is proposing.

12. In the event the offeror is a joint venture, a Memorandum of Association which indicates who has the authority to bind the company.

Nothing in this provision limits the contracting officer’s discretion to rely on information available from other sources (e.g., past performance data bases, discussions with other entities familiar with the offeror) or to use any other technique described FAR 9.1 when determining whether the offeror satisfies the FAR 9.104-1 general responsibility standards.