Inactive Total Small Business Set-Aside (FAR 19.5)

***Questions and answers posted 12/10/2020*** This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional info... ***Questions and answers posted 12/10/2020*** 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 2020-09. This requirement is set-aside for small business. CPSC has a requirement for non-technical reader support. The required services are described in the attached Statements of Work (SOW). 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 csterba@cpsc.gov. 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: Lowest price technically acceptable: Quotes will only be deemed technically acceptable if they demonstrate capability to meet all requirements in SOW and demonstrate acceptable past performance. (If an offeror does not have relevant past performance, they will be treated neither favorably nor unfavorably.) Among quotes determined technically acceptable, award will be determined based on price. 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) (Pub. L. 109-282) ( 31 U.S.C. 6101 note); (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note); (14) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C. 644); (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (May 2020) (15 U.S.C. 632(a)(2)); (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755); (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015); (30) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246); (32) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793); (35) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627); (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513); (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a); (51) 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); (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332). 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 5 days of contract expiration. (End of clause) 52.217-9 Option to Extend the Term of the Contract (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 5 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years. (End of clause) 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 – See page 1 of the award. 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. (End of clause) LC 22 Handling of Confidential Information a. If the Contractor obtains confidential business information about any company in connection with performance of this contract, either from the CPSC, the other company itself, or any other source, the Contractor agrees that it will hold the information in confidence and not disclose it either to anyone outside the CPSC or to any Contractor employee not involved in performance of this contract. b. At the completion of performance of this contract, the Contractor shall return any confidential information, obtained as described above, either to its owner or to the CPSC. No such information shall be retained by the Contractor. Furthermore, the Contractor agrees not to use any such confidential business information for any purpose other than performance of this contract. During contract performance, the Contractor shall maintain confidential business information obtained as described in this article in a safe or locked file cabinet to which only employees performing work under this contract shall have access. A log shall be maintained to reflect each entry to the safe or cabinet. The Contractor shall provide to the COR, and keep current, a list of all employees with such access. The Contractor shall require each such employee to execute an affidavit as set forth in the attached “Affidavit of Disclosure” and the original and one copy of each affidavit shall be sent to the COR. c. A site inspection of the Contractor's security measures for confidential information may be performed by the CPSC COR prior to contract award and at any time during contract performance as deemed necessary by the COR. Approval of the security measures may be a prerequisite to contract award and continued performance. d. Failure by the contractor to comply with the terms of this clause may be treated as a default pursuant to the terms of this contract. (End of clause) LC 30 Security and Personal Identity Verification Procedures a. The performance of this contract requires contractor employees to have access to CPSC facilities and/or systems. In accordance with Homeland Security Presidential Directive-12 (HSPD-12), all such employees must comply with agency personal identity verification (PIV) procedures. Contractor employees who do not already possess a current PIV Card acceptable to the agency shall be required to provide personal background information, undergo a background investigation (NACI or other OPM-required or approved investigation), including an FBI National Criminal History Fingerprint Check prior to being permitted access to any such facility or system. CPSC may accept PIV issued by another Federal Government agency but shall not be required to do so. No contractor employee will be permitted access to a CPSC facility or system without approval under the PIV process. b. Contracted employees must meet the following citizenship requirements: 1. A United States (U.S.) citizen; or, 2. A national of the United States (see 8. U.S.C. 1408); or, 3. An alien lawfully admitted into the United States for permanent residence as evidenced by an alien Registration Receipt Card form I-151 c. Within five (5) days after contract award, the Contractor shall provide a list of contracted personnel, including full name, social security number, and place (city and state) and date of birth to the designated Contracting Officer’s Representative (COR). This information will be used to determine whether personnel have had a recent Federal background investigation and whether or not further investigation is required. d. For each contractor employee subject to the requirements of this clause and not in possession of a current PIV Card acceptable to CPSC, the Contractor shall submit the following properly-completed forms: Electronic Standard Form (SF) 85 or 85-P, "Questionnaire for Non-sensitive Positions," SF 87 Fingerprint Chart, Optional Form (OF) 306, and a current resume. The SF-85 is available from the Office of Personnel Management’s (OPM) secure website. The CPSC Office of Human Resources will provide the COR with the other forms that are not obtainable via the internet. e. The Contractor shall complete the electronic security form and deliver the other completed forms indicated in paragraph d above to the COR within five (5) days of written notification from the COR of those contractor employees requiring background investigations. f. Upon completion of the investigation, the COR will notify the Contractor in writing of all investigation determinations. If any contractor employees are determined to be unsuitable to be given access to CPSC, the Contractor shall immediately provide identical information regarding replacement employees. The Contractor is responsible for providing suitable candidates and fulfilling staffing requirements under the contract so that there is no break in service. This approval process applies to contract start up and any required replacement personnel. Failure to prequalify potential replacement personnel will not serve as an excuse for failure to provide performance. Non performance due to failure to provide suitable contractor employees may result in a Termination for Cause or Default. g. CPSC will issue a PIV Card to each on-site contractor employee who is to be given access to CPSC facilities and systems. The employee will not be given access prior to issuance of a PIV Card. CPSC may revoke a PIV card at any time if an investigation or subsequent investigation reveals that the personnel are unsuitable. h. PIV Cards shall identify individuals as contractor employees. Contractor employees shall display their PIV Cards on their persons at all times while working in a CPSC facility, and shall present cards for inspection upon request by CPSC officials or security personnel. The contractor shall be responsible for all PIV Cards issued to the contractor’s employees and shall immediately notify the COR if any PIV card(s) cannot be accounted for. i. CPSC shall have and exercise full and complete control over granting, denying, withholding, and terminating access of contractor employees to CPSC facilities and systems. The COR will notify the Contractor immediately when CPSC has determined that an employee is unsuitable or unfit to be permitted access. The Contractor shall immediately notify such employee that he/she no longer has access, shall remove the employee and shall provide a suitable replacement in accordance with contract requirements and the requirements of this clause. j. By execution of this contract, the Contractor certifies that none of the employees working under this contract have been convicted of a felony, a crime of violence, or a misdemeanor involving moral turpitude, such as a conviction of larceny within the last five (5) years. During contract performance the contractor shall immediately notify CPSC if one of its employees working under this contract has been convicted of a felony, a crime of violence, or a misdemeanor involving moral turpitude, such as a conviction of larceny within the last five years. k. The Government reserves the right to have removed from service any Contractor employee for any of the following: 1. Conviction of a felony, a crime of violence, or a misdemeanor involving moral turpitude, such as a conviction of larceny within the last five (5) years. 2. Falsification of information entered on security screening forms or other documents submitted to the Government. 3. Improper conduct during performance of the contract, including criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct or other conduct prejudicial to the Government regardless of whether the conduct is directly related to the contract. 4. Any behavior judged to be a threat to personnel or property. l. The COR shall be responsible for proper separation of contracted employees at the Consumer Product Safety Commission. The COR shall ensure that each contractor employee completes CPSC’s official out processing procedures. The contracted employee shall report to the CPSC Facilities Security Specialist to obtain a Contractor Employee Accountability and Clearance Record. This record shall be completed as part of the official out-processing procedures and returned along with the PIV Card, key fobs, keys and any other previously issued material. m. Contractor employees shall comply with applicable Federal and CPSC statutes, regulations, policies and procedures governing the security of the facilities and system(s) to which the contractor's employees have access. n. Failure on the part of the Contractor to comply with the terms of this clause may result in termination of this contract for cause or default. o. The contractor shall incorporate this clause in all subcontracts. (End of Clause) LC 31 RESTRICTIONS ON USE OF INFORMATION a. If the Contractor, in the performance of this contract, obtains access to information such as CPSC plans, reports, studies, data projected by the Privacy Act of 1974 (5 U.S.C. 552a), or personal identifying information which has not been released or otherwise made public, the Contractor agrees that without prior written approval of the Contracting Officer it shall not: (a) release or disclose such information, (b) discuss or use such information for any private purpose, (c) share this information with any other party, or (d) submit an unsolicited proposal based on such information. These restrictions will remain in place unless such information is made available to the public by the Government. b. In addition, the Contractor agrees that to the extent it collects data on behalf of CPSC, or is given access to, proprietary data, data protected by the Privacy Act of 1974, or other confidential or privileged technical, business, financial, or personal identifying information during performance of this contract, that it shall not disclose such data. The Contractor shall keep the information secure, protect such data to prevent loss or dissemination, and treat such information in accordance with any restrictions imposed on such information. (End of clause) LC 35 NOT TO EXCEED This order is issued on a “NOT TO EXCEED” basis because it is not possible to determine the exact quantities/services that will be required during performance of the contract. The total expended amount under the contract shall not exceed the grand total of the not to exceed amount indicated by the applicable line item, nor is the contractor entitled to perform work and expect reimbursement beyond that amount, without approval of the contracting officer. If the contractor expects that they will perform work that will exceed the contract line item amount, they must provide the Contracting Officer Representative (COR) a minimum 30 days written notice. The COR must provide the Contracting Officer with a revised quantity, “Not to Exceed” total, and funding to process a modification to the contract. The contractor is not authorized to invoice for additional work above the specified contract line item total without receipt of a formal, written modification to the contract. (End of clause) LC 37 Security and Privacy (a) Agency rules of conduct that the Contractor and the Contractor’s employees shall be required to follow: In performing its duties related to management, operation, and/or access of systems containing sensitive PII under this contract, the Contractor, its employees and subcontractors shall comply with all applicable security requirements and rules of conduct as specified by the following: 1. Contractor employees must comply with agency personal identity verification (PIV) requirements in order to logically access Government systems. 2. System access granted under this contract is only for work required to perform official duties specified in the contract. The performance of any unrelated and/or unauthorized activity is prohibited. 3. Access to Government information systems (where applicable) will only be for the period stated in the contract. Thereafter, all accounts, passwords, and access associated with the contract will be terminated. 4. Disclosure of any system account information or system passwords to any unauthorized third-party is prohibited. 5. Exhibiting or divulging the content of any record or report to any person except in the performance of official duties specified in the contract is prohibited. 6. Using any data accessed with a Government system account for unauthorized purposes is prohibited. 7. No official record, report, database, or copy thereof, may be removed from Government premises or Government systems without prior written permission. 8. Contractor employees are prohibited from modifying, altering, or otherwise changing any Government system component or configuration except in the performance of official duties specified in the contract. Contractor employees are prohibited from issuing any system command or running any software, scripts, or programs on Government systems without prior authorization. 9. Contractor employees must not disclose sensitive or personal privacy-related information to any unauthorized third-party. 10. Contractor must notify the Government Contracting Officer immediately upon the termination of any Contractor or subcontractor employee so that system accounts, remote access, or other forms of system access can be terminated. 11. The use of Contractor-owned laptops or other portable media storage devices to process, transmit, or store sensitive PII is prohibited under this contract [unless the Contractor is authorized to access Government systems through the agency’s virtual desktop infrastructure environment]. 12. The Contractor must notify the Government Contracting Officer and the agency’s Information Systems Security Officer (ISSO) immediately upon the discovery—or suspected discovery—of any type of security incident, malicious activity, or data breach affecting or that might potentially affect the Government’s network or specific systems. 13. Contractor employees with access to Government systems must agree to agency Rules of Behavior and shall complete annual security awareness training. (b) A list of the anticipated threats and hazards that the Contractor must guard against. The Contractor must use reasonable measures to guard against the following threats and hazards: 1. Unauthorized disclosure or use of sensitive system information—including system architecture, system configuration, system accounts, and system passwords. 2. Unauthorized disclosure or use of the contents of any information obtained from Government systems—including system records, system reports, or databases. 3. Unauthorized modification or alteration of any Government system component or configuration 4. Unauthorized circumvention, avoidance, or deception of any Government security system, measure, or control. 5. Unauthorized installation and/or use of hardware, software, firmware, portable media storage, or mobile devices on Government systems. 6. Unauthorized use of Government systems—including hardware, software, system accounts, Internet access, and email accounts—for activity which is not required to perform official duties under this contract. (c) A description of the safeguards that the Contractor must specifically provide. 1. The Contractor shall limit access to any information related to this contract to those employees and subcontractors who require the information in order to perform their official duties under this contract. 2. The Contractor, Contractor employees, and subcontractors must physically secure PII when not in use and/or under the control of an authorized individual, and when in transit to prevent unauthorized access or loss. 3. When PII is no longer needed or required to be retained under applicable Government records retention policies, it must be destroyed through means that will make the PII irretrievable. 4. The Contractor shall only use PII obtained under the contract for purposes of the contract, and shall not collect or use such information for any other purpose without the prior written approval of the Contracting Officer. 5. At expiration or termination of this contract, the Contractor shall turn over to the Government, all PII obtained under the contract that is in its possession. 6. In the event of any actual or suspected breach of PII, the Contractor shall immediately report the breach to the Contracting Officer, the Contracting Officer’s Representative (COR), and the agency’s Information Systems Security Officer (ISSO). 7. In the event that a PII breach occurs as a result of the violation of a term of this contract by the Contractor or its employees, the Contractor shall, as directed by the Contracting Officer and at no cost to the Government, take timely action to correct or mitigate the violation, which may include providing notification and/or other identity protection services to affected persons for a period of at least 18 months from discovery of the breach. If the Government elects to provide and/or procure notification or identity protection services in response to a breach, the Contractor shall be responsible for reimbursing the Government for those expenses. The Contractor shall incorporate the substance of this clause, its terms and requirements in all subcontracts under this contract, and require written subcontractor acknowledgement of same. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor. (d) Requirements for a program of Government inspection during performance of the contract that will ensure the continued efficacy and efficiency of safeguards and the discovery and countering of new threats and hazards. Work to be performed under this contract requires the design, development, operation, or disposal of a Federally-controlled information system containing sensitive personally identifiable information or handling sensitive personally identifiable information. To the extent required to carry out a program of inspection to safeguard against threats and hazards to the security, integrity, and confidentiality of personally identifiable information, the Contractor shall permit the Government access to, and information regarding, the Contractor’s facilities, installations, technical capabilities, operations, documentation, records, and databases, when requested by the Government, as part of its responsibility to ensure compliance with privacy and security requirements. The Contractor shall otherwise cooperate with the Government in assuring compliance with such requirements. Government access shall include independent validation testing of controls, system penetration testing by the Government, Federal Information Security Management Act data reviews, and access by agency Inspectors General for its reviews. Definitions. “Personally Identifiable Information” (PII) means information that can be used to distinguish or trace a person’s identity, such as his or her name, social security number, or biometric records, that alone, or when combined with other personal or identifying information which is linked or linkable to a specific person, such as date and place of birth, or mother’s maiden name. “Breach” means the loss of control, compromise, unauthorized disclosure, unauthorized acquisition, unauthorized access, or any similar situation where persons other than authorized users, and for other than authorized purpose, have access or potential access to Personally Identifiable Information, whether physical or electronic. (End of clause) Questions about this requirement are due via email to csterba@cpsc.gov no later than December 9, 2020 at 2pm eastern time. Please contact the Contract Specialist, Cassandra Sterba, with any inquiries at csterba@cpsc.gov.