SAMDaily.us | PRESOL | 70 | ON-LINE EVIDENCE CAPTURE PLATFORM

SAMDAILY.US - ISSUE OF AUGUST 08, 2021 SAM #7190
SOLICITATION NOTICE

70 -- ON-LINE EVIDENCE CAPTURE PLATFORM

Notice Date: 8/6/2021 9:18:50 AM
Notice Type: Combined Synopsis/Solicitation
NAICS: 511210 — Software Publishers
Contracting Office: CONSUMER PRODUCT SAFETY COMMISSION BETHESDA MD 20814 USA
ZIP Code: 20814
Solicitation Number: 61320621Q0070
Response Due: 8/23/2021 2:00:00 PM
Archive Date: 09/07/2021
Point of Contact: Lydia Glasgow
E-Mail Address: lglasgow@cpsc.gov
(lglasgow@cpsc.gov)
Description: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This solicitation is issued as a Request for Quotation (RFQ).� The solicitation and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-06.� THIS RFQ IS SUBJECT TO AGENCY DETERMINATION TO FUND THIS REQUIREMENT.� ALL QUOTES MUST BE VALID THROUGH September 15, 2021. � The required products are listed on Attachment A. Quotes must be provided on a Firm-Fixed-Price basis.� CPSC requires an online evidence capture platform program that will capture webpages, social media pages, videos, and websites in evidentiary quality. The platform must support investigations, litigations, and survey work done by Agency staff related to website and social media captures as well as to deceptive trade practices in violation of relevant legislation.� This tool will allow users to collect and search data and metadata from social networks. Delivery and acceptance shall be to the CPSC point of contact in accordance with Local Clause 1A for the delivery of any items to CPSC.� The provision at 52.212-1, Instructions to Offerors�Commercial Items, applies to this acquisition. In addition to the requirements of FAR 52.212-1, the quote must prominently display the offeror�s Taxpayer Identification number, CAGE code and DUNS number, as well as contact information for the offeror�s point of contact for the quote.� SAM.gov registration is required to be considered for award.� The quote shall be submitted via email to the Contract Specialist at lglasgow@cpsc.gov and sjohnson@cpsc.gov with two separate attachments, one for the technical response and one for price.� SEE ATTTACHED �INSTRUCTIONS TO OFFERORS� FOR QUOTE SUBMISSION REQUIREMENTS. The provision at 52.212-2, Evaluation�Commercial Items, applies to this acquisition, and the evaluation criteria to be included in paragraph (a) of that provision are as follows:� 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. � Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications�Commercial Items, if the annual SAM registration has not been completed. If the SAM registration has been completed, Offerors shall only submit paragraph (b) if there are applicable exceptions to the current registration. The clause at 52.212-4, Contract Terms and Conditions�Commercial Items, applies to this acquisition. The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders�Commercial Items, applies to this acquisition.� The following additional FAR clauses cited in FAR 52.212-5 are applicable to this acquisition: (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020), (8) 52.209-6, Protecting the Government�s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020), (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020), (27) 52.222-3, Convict Labor (Jun 2003), (28)�52.222-19, Child Labor-Cooperation with Authorities and Remedies�(Jan2020), (29)�52.222-21, Prohibition of Segregated Facilities�(Apr 2015), (30)�(i)�52.222-26, Equal Opportunity�(Sep 2016), (32)�(i)�52.222-36, Equal Opportunity for Workers with Disabilities�(Jun 2020), (34)�52.222-40, Notification of Employee Rights Under the National Labor Relations Act�(Dec 2010), (35)�(i)�52.222-50, Combating Trafficking in Persons�(Oct 2020), (44)�52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving�(Jun 2020), (50)�52.225-5, Trade Agreements�(Oct 2019), (51)�52.225-13, Restrictions on Certain Foreign Purchases�(Feb 2021), (58)�52.232-33, Payment by Electronic Funds Transfer-System for Award Management�(Oct2018), � � � The following FAR clauses also apply to this requirement: � 52.217-8�Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within�10 days. (End of clause) 52.204-24�Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (Oct 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it ""does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument"" in paragraph (c)(1) in the provision at�52.204-26, Covered Telecommunications Equipment or Services�Representation, or in paragraph (v)(2)(i) of the provision at�52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ""does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services"" in paragraph (c)(2) of the provision at�52.204-26, or in paragraph (v)(2)(ii) of the provision at�52.212-3. ��(a)�Definitions.�As used in this provision� ��Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component�have the meanings provided in the clause�52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. ��(b)�Prohibition. (1)�Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to� ��(i)�Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or ��(ii)�Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. ��(2)�Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to� ��(i)�Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or ��(ii)�Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. ��(c)�Procedures.�The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for ""covered telecommunications equipment or services"". ��(d)�Representation.�The Offeror represents that� ��(1)�It�?�will,�?�will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds ""will"" in paragraph (d)(1) of this section; and ��(2)�After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that� ��It�?�does,�?�does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds ""does"" in paragraph (d)(2) of this section. ��(e)�Disclosures.� (1)�Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded ""will"" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer: ��(i)�For covered equipment� ��(A)�The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); ��(B)�A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and ��(C)�Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. ��(ii)�For covered services� ��(A)�If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or ��(B)�If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. ��(2)�Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded ""does"" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer: ��(i)�For covered equipment� ��(A)�The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known); ��(B)�A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and ��(C)�Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. ��(ii)�For covered services� ��(A)�If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or ��(B)�If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (End of provision) 52.204-25� Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) �� (a)� Definitions. As used in this clause� �� Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet). �� Covered foreign country means The People�s Republic of China. �� Covered telecommunications equipment or services means� �� (1)� Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); �� (2)� For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); �� (3)� Telecommunications or video surveillance services provided by such entities or using such equipment; or �� (4)� Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. �� Critical technology means� �� (1)� Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations; �� (2)� Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled- �� (i)� Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or �� (ii)� For reasons relating to regional stability or surreptitious listening; �� (3)� Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities); �� (4)� Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material); �� (5)� Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or �� (6)� Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817). � ��Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources. �� Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit. �� Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high. �� Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service. �� (b)� Prohibition.� �(1)� Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. �� (2)� Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. �� (c)� Exceptions. This clause does not prohibit contractors from providing� �� (1)� A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or �� (2)� Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. �� (d)� Reporting requirement. �(1)� In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil. �� (2)� The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause �� (i)� Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. �� (ii)� Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. �� (e)� Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items. (End of clause) 52.204-26�Covered Telecommunications Equipment or Services-Representation. (Oct�2020) ��(a)�Definitions.�As used in this provision, ""covered telecommunications equipment or services"" and ""reasonable inquiry"" have the meaning provided in the clause�52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. ��(b)�Procedures.�The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for ""covered telecommunications equipment or services"". ��(c)� (1)�Representation.�The Offeror represents that it�?�does,�?�does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. ��(2)�After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it�?�does,�?�does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services. (End of provision) The following local clauses are also applicable to this requirement:� LC1A�� CONTRACTOR�S NOTE �� Deliveries and/or shipments shall not be left at the Loading Dock.� All deliveries shall be considered �inside deliveries� to the appropriate room at the Consumer Product Safety Commission (CPSC) and in accordance with the instructions below.� When scheduling deliveries the purchase order number shall always be referenced and all packages shall clearly display the Purchase Order Number on the outside of the cartons and/or packages, to include the packing slip. ATTENTION GOVERNMENT VENDOR � A.�� DELIVERY INSTRUCTIONS: 1.� DELIVERY INSTRUCTIONS FOR LARGE OR HEAVY ITEMS: If the shipment or item being delivered requires use of a loading dock, advance notification is required.� The contractor shall contact the Shipping and Receiving Coordinator at 301-892-0586 or Constantia Demas (301) 504-7544� forty-eight (48) hours in advance of the date the items are to arrive to schedule use of the loading dock. LOADING DOCK HOURS OF OPERATION: 9:00 am to 11:00 am�� or�� 1:30 pm to 4:00 pm Monday through Friday (except holidays) Please notify contact person if there is a change in the delivery date. For changes, delays, or assistance please contact CPSC as follows: Facilities Management Support Services (301) 504-7091 and The COR � TBD Upon arrival, the driver should contact the CPSC Guard, 301-504-7721, at the loading dock to obtain assistance in using freight elevators and to gain access to CPSC security areas. 2.� DELIVERY INSTRUCTION FOR SMALL ITEMS When delivering or shipping small items, the contractor and/or carrier service shall report to the 4th floor lobby, North Tower, 4330 East West Highway, to sign in with the CPSC guard.� Upon completion of signing in, the contractor shall deliver all shipments to the Mail Room, Room 410.� After delivery, delivery personnel shall promptly depart the building.� MAIL ROOM HOURS OF OPERATION: Monday through Friday (except holidays) � 7:30 am to 5:00 pm B.� BILLING INSTRUCTIONS �� Pursuant to the Prompt Payment Act (P.L. 97-177) and the Prompt Payment Act Amendments of 1988 (P.L. 100-496) all Federal agencies are required to pay their bills on time, pay interest penalties when payments are made late, and to take discounts only when payments are made within the discount period.� To assure compliance with the Act, vouchers and/or invoices shall be submitted through the Invoice Processing Platform (IPP).� At a minimum, each invoice document submitted through IPP shall include the documentation required in the contract. ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS Invoice Processing Platform (IPP) is a secure web-based electronic invoicing and payment information service available to all Federal agencies and their supplier by the U.S. Treasury's Bureau of Fiscal Service.� IPP allows Federal agencies and their suppliers to exchange electronic purchase orders, blanket POs, invoices, and payment information in one easy to access web portal.�� This service is free of charge to government agencies and their suppliers, including services and support.� �� (a)� Definitions.� As used in this clause- (1)�Payment request� means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation.� The payment request must comply with the requirements identified in FAR 32.905(b), �Payment documentation and process� and the applicable Payment clause included in this contract. �� (b)� The Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP).� Information regarding IPP is available on the Internet at www.ipp.gov.� Assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@stls.frb.org or phone (866)973-3131. PAYMENT AND INVOICE QUESTIONS For payment and invoice questions, contact the Accounts Payable Branch at (304) 480-8000 option 7 or via email at AccountsPayable@fiscal.treasury.gov. Customer Service inquiries may be directed to Adriane Clark at AClark@cpsc.gov. � OVERPAYMENTS Accounts Receivable Conversion of Check Payments to EFT:� If the Contractor sends the Government a check to remedy duplicate contract financing or an overpayment by the government, it will be converted into an electronic funds transfer (EFT). This means the Government will copy the check and use the account information on it to electronically debit the Contractor�s account for the amount of the check. The debit from the Contractor�s account will usually occur within 24 hours and will be shown on the regular account statement. The Contractor will not receive the original check back.� The Government will destroy the Contractor�s original check, but will keep a copy of it.� If the EFT cannot be processed for technical reasons, the Contractor authorizes the Government to process the copy in place of the original check. C.� INSPECTION & ACCEPTANCE PERIOD Unless otherwise stated in the Statement of Work or Description, the Commission will ordinarily inspect all materials/services within seven (7) business days after the date of receipt. The CPSC representative responsible for inspecting the materials/services will transmit disapproval, if appropriate, to the contractor and the Contracting Officer.� If other inspection information is provided in the Statement of Work or Description, it is controlling. D.� NO AUTOMATIC RENEWALS If any license or service tied to periodic payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by an authorized Government representative. � (End of Clause)
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Place of Performance: Address: Bethesda, MD 20814, USA; Zip Code: 20814; Country: USA
Record: SN06088597-F 20210808/210806230123 (samdaily.us)
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70 -- ON-LINE EVIDENCE CAPTURE PLATFORM