SOLICITATION NOTICE
70 -- Annual Support and Maintenance for GW Archive
- Notice Date
- 10/18/2011
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 511210
— Software Publishers
- Contracting Office
- Department of Justice, Bureau of Prisons, Acquisitions Branch, 320 First Street, NW, Washington, District of Columbia, 20534
- ZIP Code
- 20534
- Solicitation Number
- RFQ-NAS-0011-2012
- Archive Date
- 10/25/2011
- Point of Contact
- Pat A. Donahue-Ormandy, Phone: (202)616-6150
- E-Mail Address
-
pdonahueormandy@bop.gov
(pdonahueormandy@bop.gov)
- Small Business Set-Aside
- N/A
- Description
- This is a combined synopsis/solicitation for commercial items in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation, and quotes are being requested and a written solicitation will not be issued. The solicitation number is RFQ-NAS-0011-2012 and is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Regulation Circular 2005-53. The procurement action is not set-aside. The North American Industrial Classification (NAICS) code is 511210 and the small business size standard is $25.0 million. All responsible sources may submit a capability statement, proposal, or quotation which shall be considered by the agency. The Federal Bureau of Prisons intends to make a sole source award to Messaging Architects under FAR Subpart 13.5. The requirement is for the following: 1) 177001: GW Archive Annual Subscription - Enterprise Site License, to include standard support and upgrades, policy engine, Archive/Export/LM Agents, email discovery clients and Emergency 24 x 7 support. Qty: 1 2) 20201: Premium Service Engineer to include up to 6 site visits per year, 24 x 7 access, 30 minute response time, on proactive systems analysis, and quarterly service summary reports. Qty: 1 3) 20211: Professional Services - Remove maintenance extension of software maintenance GWG01052009-1B to cover defects and functional issues. Qty: 1 4) NDB-GX2-G1F42: Annual Assureon Support (NBD-GX2-G1F42750) and maintenance to include next day on-site hardware support, software upgrades, and phone support. Qty: 1 The performance period will be 10/01/2011 through 09/30/2012. The Provision at Federal Acquisitions Regulation (FAR) 52.212-1, Instructions to Offerors-Commercial Items (June 2008), applies to this acquisition. The terms and conditions for the following provisions are hereby incorporated into this solicitation as an addendum to FAR Provision 52.212-1: 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998); 52.212-3 Offeror Representations and Certifications-Commercial Items (Mar 2011); 52.233-2 Services of Protest (Sept 2006). The following provisions are incorporated into the solicitation in full text: 2852.233-70 Protest Filed Directly with the Department of Justice (JAN 1998) (a) The following definitions apply in this provision: (1) "Agency Protest Official" means the official, other than the contracting officer, designated to review and decide procurement protests filed with a contracting activity of the Department of Justice. (2) "Deciding Official" means the person chosen by the protestor to decide the agency protest; it may be either the Contracting Officer or the Agency Protest Official. (3) "Interested Party" means an actual or prospective offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract. (b) A protest filed directly with the Department of Justice must: (1) Indicate that it is a protest to the agency. (2) Be filed with the Contracting Officer. (3) State whether the protestor chooses to have the Contracting Officer or the Agency Protest Official decide the protest. If the protestor is silent on this matter, the Contracting Officer will decide the protest. (4) Indicate whether the protestor prefers to make an oral or written presentation of arguments in support of the protest to the deciding official. (5) Include the information required by FAR 33.103(d)(2): (i) Name, address, facsimile number and telephone number of the protestor. (ii) Solicitation or contract number. (iii) Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protestor. (iv) Copies of relevant documents. (v) Request for a ruling by the agency. (vi) Statement as to the form of relief requested. (vii) All information establishing that the protestor is an interested party for the purpose of filing a protest. (viii) All information establishing the timeliness of the protest. (c) An interested party filing a protest with the Department of Justice has the choice of requesting either that the Contracting Officer or the Agency Protest Official decide the protest. (d) The decision by the Agency Protest Official is an alternative to a decision by the Contracting Officer. The Agency Protest Official will not consider appeals from the Contracting Officer's decision on an agency protest. (e) The deciding official must conduct a scheduling conference with the protestor within five (5) days after the protest is filed. The scheduling conference will establish deadlines for oral or written arguments in support of the agency protest and for agency officials to present information in response to the protest issues. The deciding official may hear oral arguments in support of the agency protest at the same time as the scheduling conference, depending on availability of the necessary parties. (f) Oral conferences may take place either by telephone or in person. Other parties may attend at the discretion of the deciding official. (g) The protestor has only one opportunity to support or explain the substance of its protest. Department of Justice procedures do not provide for any discovery. The deciding official may request additional information from either the agency or the protestor. The deciding official will resolve the protest through informal presentations or meetings to the maximum extent practicable. (h) An interested party may represent itself or be represented by legal counsel. The Department of Justice will not reimburse the protester for any legal fees related to the agency protest. (i) The Department of Justice will stay award or suspend contract performance in accordance with FAR 33.103(f). The stay or suspension, unless over-ridden, remains in effect until the protest is decided, dismissed, or withdrawn. (j) The deciding official will make a best effort to issue a decision on the protest within twenty (20) days after the filing date. The decision may be oral or written. (k) The Department of Justice may dismiss or stay proceeding on an agency protest if a protest on the same or similar basis is filed with a protest forum outside the Department of Justice. (End of Provision) Faith based and community based organizations can submit quotes equally with other organizations for contracts for which they are eligible. Offers are advised to include a completed copy of the proivsions at 52.212-3, Offeror Representations and Certifications-Commerical Items, with its offer. ADDENDUM TO FAR 52.212-4, Contract Term and Conditions-Commercial Items (June 2010) The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4. 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(s): www.acquisition.gov/far. FAR 52.253-1; 52.229-3; 52.212-4; 52.209-6; 52.240-7; 52.204-4; 52.203-12. The following clauses although incorporated by reference into the solicitation will be incorporated into a resultant contract in full text with applicable fill-in information as noted: 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (AUG 2011)- (b) (1) 52.203-6, (4) 52.204-10, (6) 52.209-6, (13) 52.219-8, (14) 52.219-9, (21) 52.219-28, (24) 52.222-3, (25) 52.222-19, (26) 52.222-21, (27) 52.222-26, (28) 52.222-35, (29) 52.222-36, (30) 52.222-37, (31) 52.222-40, (36) 52.223-18, (40) 52.225-13, (45) 52.232-33, (c) (5) 52.222-51. The following clauses are incorporated into the solicitation in full text: 52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004) For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commitment, individuals or contractor employees providing services must have: 1. Legally resided in the United States (U.S.); 2. worked for the U.S. overseas in a Federal or military capacity; or 3. been a dependent of a Federal or military employee serving overseas. If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current information regarding allied countries: http://www.opm.gov/employ/html/citizen.htm By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction. [End of Clause] 52.24-403-70 NOTICE OF CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (OCT 2005) Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I. 1. Long-Term Contractor Personnel: In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 contractor employee whose background investigation (BI) process begins on or after October 27, 2005: a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form I-9, OMB No. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture ID); b. Contractor Personnel must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed sometime during the clearance process but prior to badge issuance and must be documented by the DOJ official; c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position. Outlined below are the minimum BI requirements for each risk level: • High Risk - Background Investigation (5 year scope) • Moderate Risk - Limited Background Investigation (LBI) or Minimum Background Investigation (MBI) • Low Risk - National Agency Check with Inquiries (NACI) investigation d. The pre-appointment BI waiver requirements for all position sensitivity levels are a: 1) Favorable review of the security questionnaire form; 2) Favorable fingerprint results; 3) Favorable credit report, if required;3 4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level; and 5) Favorable review of the National Agency Check (NAC) 4 portion of the applicable BI that is determined by position sensitivity/risk level. A badge may be issued following approval of the above waiver requirements. If the NAC is not received within five days of OPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau of Investigation Criminal History Check (i.e., fingerprint check results). e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges issued under these procedures will be suspended or revoked. 2. Short-Term Contractor Personnel: It is the policy of the DOJ that short-term contractors having access to DOJ information systems and/or DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items 1a. and 1b. above. The pre-appointment waiver requirements for short-term contractors are: a. Favorable review of the security questionnaire form; b. Favorable fingerprint results; c. Favorable credit report, if required;5 and d. Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commensurate BI does not need to be initiated. A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of issuance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PIV-I identity proofing process. For example, if a contractor employee requires daily access for a three or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a second request is submitted for the same contractor employee within a twelve-month period for the purpose of extending the initial contract or for employment under a totally different contract for another three or four-week period, this contractor would now be considered "long-term" and must be cleared according to the long-term requirements as stated in this interim policy. 3. Intermittent Contractors: An exception to the above-mentioned short-term requirements would be intermittent contractors. a. For purposes of this policy, "intermittent" is defined as those contractor employees needing access to DOJ information systems and/or DOJ facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For example, the water delivery contractor that delivers water one time each week and is working on a one-year contract. b. Contractors requiring intermittent access should follow the Department's escort policy. Please reference the August 11, 2004, and January 29, 2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted access. c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contractor, the same pre-employment background investigation waiver requirements that apply to short-term contractors are required. d. If an intermittent contractor is approved for unescorted access, the contractor will only be issued a daily badge. The daily badge will be issued upon entrance into a DOJ facility or space and must be returned upon exiting the same facility or space. e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year. 4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated BI meeting HSPD-12 and DOJ's BI requirements. 5. The DOJ's current escorted contractor policy remains unchanged by this acquisition notice. Notes: 1. FIPS 201 is available at: www.csrc.nist.gov/publications/fips/fips201/FIPS-201-022505.pdf 2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-I identity proofing process, including initiation and adjudication of the required background investigation, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-II) requires badge issuance to all affected long-term contractors. 3. For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package. 4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations to OPM. Per OPM ' s instructions, to obtain an Advance NAC Report, a Code " 3" must be placed in block " B " of the " Agency Use Only " section of the investigative form. This report is available for all case types. 5.For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package. [End of Clause] 52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA OR OTHER NATIONAL EMERGENCY (MAY 2008) During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absenteeism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in Government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods. The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce. Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation. The types of actions a federal contractor should reasonably take to help ensure performance are: • Encourage employees to get inoculations or follow other preventive measures as advised by the public health service. • Cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services where telework is not an option. • Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful remote work in an emergency. • Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency. • Establish communication processes to notify employees of activation of this plan. • Integrate pandemic health crisis response expectations into telework agreements. • With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period). Security concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropriate. • Determine how all employees who may telework will communicate with one another and with management to accomplish work. • Practice telework regularly to ensure effectiveness. • Make it clear that in emergency situations, employees must perform all duties assigned by management, even if they are outside usual or customary duties. • Identify how time and attendance will be maintained. It is the contractor's responsibility to advise the Government Contracting Officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her absence, another responsible person in the contracting office via telephone or email messages acknowledging the contractor's notification. The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations. The Department does reserve the right in such emergency situations to use Federal employees, employees of other agencies, contract support from other existing contractors, or to enter into new contracts for critical support services. Any new contracting efforts would be acquired following the guidance in the Office of federal Procurement Policy issuance "Emergency Acquisitions", May, 2007 and Subpart 18.2. Emergency Acquisition Flexibilities, of the Federal Acquisition Regulations. [End of Clause] The combined synopsis/solicitation will be distributed solely through the website at www.fedbizopps.gov. All future information concerning this acquisition including amendments, will be distributed through the website. Quotes are due October 24, 2011 at 9:00 a.m. EST to pdonahueormandy@bop.gov or mail to the Federal Bureau of Prisons, 320 First Street, NW (5005), Washington, DC 20534.
- Web Link
-
FBO.gov Permalink
(https://www.fbo.gov/spg/DOJ/BPR/PPB/RFQ-NAS-0011-2012/listing.html)
- Place of Performance
- Address: Federal Bureau of Prisons, Office of Information Systems, 320 First Street, NW, Washington, District of Columbia, 20534, United States
- Zip Code: 20534
- Zip Code: 20534
- Record
- SN02608915-W 20111020/111018234029-081c57539f168e814fa57e4a90ee5b50 (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
(may not be valid after Archive Date)
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