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FBO DAILY ISSUE OF AUGUST 17, 2012 FBO #3919
SOLICITATION NOTICE

U -- Online Foreign Language Training - Additional Clauses

Notice Date
8/15/2012
 
Notice Type
Combined Synopsis/Solicitation
 
NAICS
611630 — Language Schools
 
Contracting Office
Department of Justice, Federal Bureau of Investigation, Procurement Section, 935 Pennsylvania Avenue, N.W., Washington, District of Columbia, 20535, United States
 
ZIP Code
20535
 
Solicitation Number
1950127785
 
Archive Date
9/13/2012
 
Point of Contact
Tijuana S Benn, Phone: 202-324-5790
 
E-Mail Address
tijuana.benn@ic.fbi.gov
(tijuana.benn@ic.fbi.gov)
 
Small Business Set-Aside
Total Small Business
 
Description
Pricing Table Commercial Clauses Federal Bureau of Investigation August 15, 2012 Title: Online Foreign Language Training Requiring Activity: Federal Bureau of Investigation (FBI), Directorate of Intelligence (DI) The Language Services Section of the FBI is in need of an online subscription service to give the US Intelligence Community access to a suite of foreign language training software and content. This service will make training available in multiple foreign languages across a range of skills and proficiency levels, and will include proficiency diagnostics and assessments. The service will be available for download to a range of mobile devices. The FBI intends to issue a single firm-fixed priced award for this online foreign language training service. This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR 12.6, as supplemented with additional information included with or attached to this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. Paper copies of this solicitation will not be available. The solicitation# 1950127785 is issued as a Request for Proposals (RFP). Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-58. This solicitation is 100% small business set-aside and the size standard is $7.0 M. The North American Industry Classification System (NAICS) code is 611630. 1.0 Scope. Contractor shall provide an unlimited amount of user licenses for online foreign language training services. FBI requires online foreign language training for 17 member organizations of the Intelligence Community (IC). Theses members include: Army Military Intelligence and Security Command, the Central Intelligence Agency, the Defense Intelligence Agency, the Marine Corps Intelligence Agency, the National Geospatial Intelligence Agency, the National Reconnaissance Office, the National Security Agency, the Office of the Director of National Intelligence, the Office of Naval Intelligence, US Air Force Intelligence, Surveillance, and Reconnaissance, the US Department of Energy Office of Intelligence and Counterintelligence, the US Department of Homeland Security Coast Guard Intelligence, the US Department of Homeland Security Office of Intelligence and Analysis, the US Department of Justice Federal Bureau of Investigation, the US Department of Justice Drug Enforcement Administration Office of National Security Intelligence, the US Department of State Bureau of Intelligence and Research, and the US Department of the Treasury Office of Intelligence and Analysis. This service will give the IC community access to a suite of foreign language training software and content. This service is to make available training in multiple foreign languages across a range of skills and proficiency levels, and to include proficiency diagnostics and assessments. 2.0 Period of Performance. The period of performance will be one twelve month base year plus four twelve month option years. 3.0 Performance Objectives. The FBI is in need of a product with the following capabilities, including, but not limited to: •Online foreign language training •Subscription for services •Student guide to services •Available through mobile devices: iPad/iPhone •Available through mobile devices: Android (desired, not mandatory) •European languages including French, German, Italian, Portuguese, and Spanish •Slavic languages including Czech, Polish, Russian, Serbo-Croatian, and Ukranian •Middle Eastern languages including Arabic (both modern standard and dialects), Farsi, Hebrew, Kurdish, Pashto, and Turkish •Far Eastern languages including Chinese, Japanese, Korean, Tagalog, and Vietnamese •Instruction in the skills of speaking, listening, reading, and/or some combination of these •Instruction through multiple programs and activities; to include an electronic flashcard-like system to facilitate the learning management of foreign language vocabulary items •Training in English as a second language, with instruction also in the skill of writing •Language proficiency diagnostics and assessments •Ability to track student activity on an individual and agency level •Ability to upload content files •The development of additional specific training products, including courseware, word lists, user guides, and diagnostic tests, may be requested by the United States Government at a later date. Such products will become the property of the USG. Any such changes must be approved by the contracting officer and will require the modification of the contract and the price will be negotiated at that time. This list of capabilities reflects the minimum required and any offered product that fails to meet all of these capabilities will be rejected as non-compliant with the requirements in the solicitation. This minimum required capability should include the various languages listed in this section of the solicitation. 4.0 Operating Constraints. All contact and interaction between the contractor and members of the agencies and components of the IC covered under the terms of this contract shall occur only with the cognizance and prior approval of the contract Program Manager. 5.0 Contract Administration. Tijuana Benn FBI Contracting Officer 202-324-5790 (p) tijuana.benn@ic.fbi.gov Catherine Maksymowicz FBI Program Manager 202-436-7948 (p) catherine.maksymowicz@ic.fbi.gov The following solicitation provisions apply to this acquisition: FAR CLAUSES 52.212-2 Evaluation-Commercial Items (JAN 1999). (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Technical Past Performance Price Technical and past performance, when combined, are significantly more important than price. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. The technical section shall describe, in detail, the training and available training tools. The offeror shall include in the technical portion a detailed description of how access will be provided (i.e. access on Government computers, personal computers, iPads, iPhones), how updates and upgrades will be provided, and how student activity can be tracked by the individual and the agency. The offeror shall describe how IC users will be able to locally upload and manage their own content files for use through contractor programs via the web and mobile devices. All such content will remain the property of the Government, and is to be delivered to the Program Manager every six months or as required in hard copy and soft copy format. Technical proposals will be rated as pass/fail. Past performance will be rated as acceptable/unacceptable. Past performance will be evaluated on the ability of the offeror to meet the past performance requirements. Past performance should describe a record of performance in providing education and training technical services including current and relevant information, source of the information, context of the data, and general trends in performance. The offeror shall submit a minimum of three examples of other-than-FBI past performances. Offerors shall submit points of contact for their examples. Price will be evaluated, but not scored. The proposed prices will be evaluated for price reasonableness. Offerors shall include their pricing and payment terms and conditions in their proposals. Evaluations will be conducted in accordance with FAR Part 12.601. The award will be made to the offeror whose proposal represents the best value to the Government. Proposals should be limited to no more than 20 pages. Any proposals over this limit will not be evaluated past the 20th page. All questions shall be sent via email to tijuana.benn@ic.fbi.gov by 5:00 pm Eastern time on Wednesday August 22, 2012. No questions will be accepted after this date and time. Proposals may be submitted via email to tijuana.benn@ic.fbi.gov. Hand delivered proposals will not be accepted. Proposals are due by 5:00pm Eastern time on Wednesday, August 29, 2012. Any proposal or modification will not be accepted after the due date and time. 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 http://www.acquisition.gov/far/ The provision at 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition. All offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items with their proposals. The clause at 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition. The following clauses are applicable to this acquisition: 52.212-5, 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553), 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), 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)), 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (FEB 2012) (41 U.S.C. 2313), 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012), 52.217-8 Option To Extend Services (NOV 1999), 52.232-18 Availability Of Funds (APR 1984), 52.232-19 Availability OF Funds For The Next Fiscal Year (APR 1984), 52.232-38 Submission Of Electronic Funds Transfer Information With Offer (MAY 1999), 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644), 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637(d)(2), 52.222-26, Equal Opportunity (MAR 2007), 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (OCT 2003) (31 U.S.C. 3332), 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). FBI CLAUSES SMALL BUSINESS ACCELERATED PAYMENT The contractor must list his 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. PROTESTS FILED DIRECTLY WITH THE DEPARTMENT OF JUSTICE- JUSTICE ACQUISITION REGULATION (JAR) 2852.223-70 Protests 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; either the Contracting Officer/ 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 the 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 protestor 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. DOJ SECURITY OF SYSTEMS AND PII- CONTRACT SECURITY REQUIREMENTS FROM ACQUISITION SECURITY UNIT (ASU), PROCUREMENT SECTION DIRECTIVE (PSD); 11-24.101 INFORMATION TO BE INCLUDED IN CONTRACT: 1.2 Special Security Requirements: A. Security of Systems and Data, Including Personally Identifiable data: a. Systems Security: The work to be performed under this contract requires the handling of data that originated within the Department of Justice, data that the contractor manages or acquires for the Department, and/or data that is acquired in order to perform the contract and concerns Department programs or personnel. For all systems handling such data, the contractor shall comply with all security requirements applicable to Department of Justice systems, including but not limited to all Executive branch system security requirements (e.g. requirements imposed by OMB and NIST), DOJ IT Security Standards, and DOJ Order 2640.2E. The contractor shall provide DOJ access to information regarding the contractor's systems when requested by the Department in connection with its efforts to ensure compliance with all such security requirements, and shall otherwise cooperate with the Department in such efforts. DOJ access shall include independent validation testing of controls, system penetration testing by DOJ, FISMA data reviews and access by the DOJ Office of the Inspector general for its reviews. The use of contractor-owned laptops or other media storage devices to process or store data covered by this clause is prohibited until the contractor provides a letter to the Contracting Officer (CO) certifying the following requirements: 1. Laptops must employ encryption using a NIST Federal Information Processing Standard (FIPS) 140-2 approved product; 2. The contractor must develop and implement a process to ensure that security and other applications software is kept up-to-date; 3. Mobile computing devices will utilize anti-viral software and a host-based firewall mechanism; 4. The contractor shall log all computer-readable data extracts from databases holding sensitive information unless designated as non-sensitive by the Department; 5. Contractor-owned removable media, such as removable hard drives, flash drives, CD's, and floppy disks, containing DOJ data, shall not be removed from DOJ facilities unless encrypted using a NIST FIPS 140-2 approved product; 6. When no longer needed, all removable media and laptop hard drives shall be processed (sanitized, degaussed, or destroyed) in accordance with security requirements applicable to DOJ; 7. Contracting firms shall keep an accurate inventory of devices used on DOJ contracts; 8. Rules of behavior must be signed by users. These rules address at a minimum: authorized and official use; prohibition against unauthorized users; and protection of sensitive data and personally identifiable information; 9. All DOJ data will be removed from contractor-owned laptops upon termination of contractor work. This removal must be accomplished in accordance with DOJ IT Security Standard requirements. Certification of data removal will be performed by the contractor's project management and a letter confirming certification will be delivered to the CO within 15 days of termination of contractor work; b Data Security: By acceptance of, or performance on, this contract, the contractor agrees that with respect to the data identified in paragraph a, in the event of an actual or suspected breach of such data (i.e., loss of control, compromise, unauthorized disclosure, access for an unauthorized purpose, or other unauthorized access, whether physical or electronic), the contractor will immediately (and in no event later than within one hour or discovery) report the breach to the CO and the Contracting Officer's Representative (COR). If the data breach occurs outside of regular business hours and/or neither the CO nor the COR can be reached, the contractor shall call the DOJ Computer Emergency Readiness Team (DOJCERT) at 1-866-874-2378 within one hour of discovery of the breach. The contractor shall also notify the CO as soon as possible during regular business hours. c. Personally Identifiable Information Notification Requirement: The contractor further certifies that it has a security policy in place that contains procedures to promptly notify any individual whose personally identification information (as defined by OMB) was, or is reasonably believed to have been, breached. Any notification shall be coordinated with the Department, and shall not proceed until the Department has made a determination that notification would not impede a law enforcement investigation or jeopardize national security. The method and content of any notification by the contract shall be coordinated with, and be subject to the approval of, the Department. The contractor assumes full responsibility for taking corrective action consistent with the Department's Data Breach Notification Procedures, which may include offering credit monitoring when appropriate. d. Pass-through of Security Requirements to Subcontractors: The requirements set forth in Paragraphs a through c above, apply to all subcontractors who perform work in connection with this contract. For each subcontractor, the contractor must certify that it has required the subcontractor to adhere to all such requirements. Any breach by a subcontractor of any of the provisions set forth in this clause will be attributed to the contractor. B. Information Resellers of Data brokers: Under this contract, the Department obtains personally identifiable information about individuals from the contractor. The contractor hereby certified that it has a security policy in place which contains procedures to promptly notify any individual whose personally identifiable information (as defined by OMB) was, or is reasonably believed to have been, lost, or acquired by an unauthorized person while the data is under the control of the contractor. In any case in which the data that was lost or improperly acquired reflects or consists of data that originated with the Department, or reflects sensitive law enforcement or national security interest in the data, the contractor shall notify the Department Contracting Officer so that the Department may determine whether notification would impede a law enforcement investigation or jeopardize national security. In such cases, the contractor shall notify the individuals until it receives further instruction from the Department.
 
Web Link
FBO.gov Permalink
(https://www.fbo.gov/spg/DOJ/FBI/PPMS1/1950127785/listing.html)
 
Record
SN02841869-W 20120817/120816001927-8bb41658abb9de8ceefc10db5cc3612d (fbodaily.com)
 
Source
FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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