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Satellite Emergency Notification Device (SEND) Solicitation: 12760421Q0013 This is a Brand name full and open market FFP FAR Part 12 Commercial combined synopsis and solicitation for Satellite Emergen... Satellite Emergency Notification Device (SEND) Solicitation: 12760421Q0013 This is a Brand name full and open market FFP FAR Part 12 Commercial combined synopsis and solicitation for Satellite Emergency Notification Device (SEND) with satellite data service plan, customer support, SOS message monitoring service, and associated Web services for monitoring utilizing FAR Part 13.5. This is a Full and Open Request for Quote (RFQ). NOTE: The NAICS code for this requirement is 517410 - Satellite Telecommunications. Offerors who don't currently have this code in SAM may propose but will have to have NAICS 517410 added to Beta.SAM.gov prior to agreement award. 1.Introduction: The United States Department of Agriculture (USDA), Forest Service (FS), Chief Information Office (CIO) intends to award a single Blanket Purchase Agreement (BPA) to acquire Satellite Emergency Notification Device (SEND) and supporting data plans. This Performance Work Statement (PWS) describes the requirements for the devices and scope of services to be delivered under the SEND Blanket Purchase Agreement. 2.Background: The U.S. Forest Service is a federal agency and subcomponent of the United States Department of Agriculture (USDA).The Forest Service is a land management agency that protects and manages 154 national forests and 20 grasslands in 44 states and Puerto Rico, encompassing 193 million acres of land, in addition to numerous wilderness, recreation, scenic and other areas. The agency’s mission is to sustain the health, diversity, and productivity of the nation’s forests and grasslands to meet the needs of present and future generations. The Forest Service spends approximately $500 million annually in IT and communications services, supplies, and equipment to support its mission. The CIO is the Information Technology (IT) support branch of the Forest Service and operates in a virtual environment with management located primarily in Washington, DC and Albuquerque, NM. Improving communications for USDA employees working in remote field locations became a major FS strategic safety initiative in 2012. At that time executive leadership made it an Agency priority to improve the safety and communications to those working outside the reach of normal radio and cellular communications. A multi-disciplinary team led by the Land Mobile Radio (LMR) program ultimately determined that a one-way commercial Satellite Emergency Notification Device (SEND) best meets the USFS requirements for emergency notification and location technology for its employees. In June 2012, a strategic investment was made in the procurement of SENDs with associated data plans. Today, over 3,500 active SENDs are deployed and utilized throughout the agency. The current vendor, SPOT LLC, provides one-way satellite communication devices that allow users to send check-in, custom, help, and SOS messages and associated GPS location information to specified contacts. The device also has a tracking feature where location messages are sent at a specific interval. SPOT’s SENDs exclusively use the Globalstar satellite constellation to send messages. Devices are managed by a subscription service, through an accounts website. 3.Objectives 3.1As a result of this Blanket Purchase Agreement, the USFS expects to achieve the following: 3.1.1Continuously current SEND devices equipped with new technology features 3.1.2No cost shipping and handling 3.1.3Cost effective and reliable data plans to include monthly, annual, plans; and basic, advanced, and unlimited levels of service 3.1.4Professional technical support 3.1.5Minimum of one-year standard warranty and a device replacement program with a deductible fee for all damaged, lost or stolen SEND devices procured via the BPA agreement. 4.Scope: In support of the USDA Safety Programs, the Contractor shall be capable of providing replacement, current, and future equipment and commercially available SEND services; providing reliable emergency notification communication for USDA personnel. Agencies’ field units and regions will have direct procurement access through a decentralized Blanket Purchase Agreement and accounts; using unit funding. Except as specified in Government Furnished Property (GFP) section of this PWS, the Contractor must provide all personnel, equipment, materials, facilities, supervision, management, and transportation necessary to fulfill the requirements of this PWS in accordance with the regulatory, references and information resources provided within this PWS and any subsequent regulatory or policy changes. To meet the scope of work: the Contractor must perform the essential tasks: (See Attached PWS) 5.Performance Requirements Summary. The Performance Requirements Summary (PRS) table describes the acceptable quality level of performance expected by the Government and the means by which the Government may use to validate acceptable services. (See Attached PWS) Incentives/Disincentives: Contractor Performance Assessment Report (CPAR) results, and the subsequent exercise of contract options by the government are contingent upon the Contractor’s adherence to the contract, and satisfactory achievement of Management, Schedule, Quality, Reporting, and Service. (Performance standards specified See in attached PWS.) 6.Deliverables. The following table summarizes the deliverables discussed in the PWS. All days are listed as business days. If a conflict exists between the remainder of the PWS and this table, the specific due dates mentioned in the PWS prevail over this table (See in Attached PWS). 7. Government Quality Assurance 7.1Quality Assurance Surveillance Plan (QASP) Based upon its Quality Control Plan (QCP), the Contractor shall recommend a Quality Assurance Surveillance Plan (QASP) to USDA. The government will review and edit a final version of the QASP. The Government will evaluate the Contractor’s performance under this contract in accordance with the latest version of the QASP. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s). As the QCP is updated the Contractor shall provide recommendations to changes to the QASP as applicable. Any in-process inspection by the Government shall be conducted in a manner consistent with commercial practice. The Forest Service may conduct quality assurance for its benefit and has the right to refuse acceptance of nonconforming services. Quality issues with services tendered for acceptance or rejected by the Government shall be resolved under FAR 52.212-4(a), “Contract Terms and Conditions-Commercial Items”, and 52.246-4, “Inspection of Services-Fixed Price” for contractor’s failure to perform satisfactory services or failure to correct non-conforming services. 7.2Certification by the Government of satisfactory services provided is contingent upon the Contractor performing in accordance with the terms and conditions of the references contract, this order, and all modifications. 7.3Any in-process inspection by the Government shall be conducted in a manner consistent with commercial practice. The Forest Service may conduct quality assurance for its benefit and has the right to refuse acceptance of nonconforming services. Quality issues with services tendered for acceptance or rejected by the Government shall be resolved under FAR 52.212-4(a), “Contract Terms and Conditions-Commercial Items 7.4The Contractor should note that Government review periods of draft deliverables may require up to one month each to ensure sufficient consultation with a wide variety of stakeholders. Be sure to consider in performance period time. Government review periods of final deliverables are anticipated to be approximately one to two weeks. 7.5Government Acceptance Period 7.5.1Unless otherwise specified, the COR/designee will have ten (10) business days to review draft deliverables and make comments. The Contractor will have five (5) business days to make corrections. Upon receipt of the final deliverables, the COR/designee will have five (5) business days for final review prior to acceptance or providing documented reasons for non-acceptance. Should the Government fail to complete the review within the review period, unless the Government requests an extension, the deliverable will become acceptable by default. 7.5.2The COR/designee will have the right to reject or require correction of any deficiencies found in the deliverables that are contrary to the information contained in the award instrument. In the event of a rejected deliverable, the Contractor will be notified in writing by the COR/designee of the specific reasons for rejection. The Contractor shall have five (5) business days to correct the rejected deliverable and return it per delivery instructions. 8.Award Instrument Type. This is a firm fixed price agreement. 9.Period of Performance. The period of performance follows: Base Period: Months 1-12 Option One: Months 13-24 Option Two: Months 23-36 Option Three: Months 37-48 Option Four: Months 49-60 10.Place of Performance and Holidays - Services shall be provided at the Contractor’s facilities with virtual or onsite meetings as necessary. 11.Standard Business Hours 11.1 Standard Forest Service hours are 8:00 AM ET to 8:00 PM ET Monday through Friday. The Contractor’s schedule must be designed for the preponderance of his/her day to fit within the standard Forest Service hours. The Contractor must at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS. 11.2 Additionally, Government personnel and potentially facilities may not be available during federal holidays. Federal holidays can be found via OPM’s website at https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/#url=Overview. 12.Government Provided Information. The Government will provide the following information to the Contractor: Information: Individual Names Provided VIA: Contractor provided Website Portal or Electronic Entry/Submission Information: Purchase Card Transaction Information (i.e. Credit Card Number, Expiration Date, Billing Address and Security Code) Provided VIA: Contractor provided Website Portal or Electronic Entry/Submission Information: Shipping Address Provided VIA: Contractor provided Website Portal or Electronic Entry/Submission The Contractor must maintain the information in accordance with the Non-Disclosure Agreement and follow applicable federal and company policies regarding obtaining, storing, and disposal of the information, such as electronic deletion, shredding, burn bags, etc. 13.Key Personnel (AGAR 452.237-74) At a minimum, the Contractor must propose the following position as Key Personnel: 13.1 Project Manager: The Contractor must designate a Project Manager (PM) as the single point of contact (POC) for award management. The PM must have the authority to make decisions for the Contractor and must be the single Contractor representative responsible for all issues, concerns, or problems for this award instrument. The PM must readily respond to questions, concerns, and comments. The PM must proactively alert the Government to potential contractual issues. 13.2The Contractor must employ and maintain personnel in the management and key personnel positions who meet the minimum requirements for each of the skill levels to which they are assigned. Contractor personnel must possess the technical, professional, and interpersonal capability of performing the functions described in this PWS in a competent and professional manner. 13.3During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions. 13.4The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The award instrument will be modified to reflect any approved changes of key personnel. 14.Non-Disclosure Agreement. (see attached PWS) 15.Data Rights. (see attached PWS) 16.Security Language. (see attached PWS) 17.Compliance with Internet Protocol version 6 (IPv6) (see attached PWS) 18.Section 508 Compliance and Required Security Language (see attached PWS) PROVISIONS and CONTRACT CLAUSES IBR 52.212-4 Contract Terms and Conditions-Commercial Items. (Oct 2018) IBR 52.212-3, Offeror Representations and Certifications-Commercial Items. (FEB 2021) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. (JAN 2021) applies to this acquisition and a statement regarding which, if any, of the additional FAR clauses cited in the clause are applicable to the acquisition. (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). (5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509)). X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313). X (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644). X (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)). X (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755). X (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN2020) (E.O.13126). X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015). X (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246). X (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). X (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). X (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). X (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) X (48) 52.225-1, Buy American-Supplies (JAN2021) (41 U.S.C. chapter 83). X (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (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). X (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (31 U.S.C. 3332). X (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). 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 60 days. 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 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 and 6 months. 452.211-70 Brand Name or Equal. (NOV 1996)(As used in this provision, the term "brand name" includes identification of products by make and model.) (a) If items called for by this solicitation have been identified by a "brand name or equal" description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. Offers of "equal" products (including products of the brand name manufacturer other than the one described by brand name) will be considered for award if such products are clearly identified in the offer (see clause 452.211-71) and are determined by the Contracting Officer to meet fully the salient characteristics requirements listed in the solicitation. (b) Unless the offeror clearly indicates in its offer that it is offering an "equal" product, the offeror shall be considered as offering the brand name product(s) referenced in the solicitation. (c)(1) If the offeror proposes to furnish an "equal" product or products, the brand name(s), if any, and any other required information about the product(s) to be furnished shall be inserted in the space provided in the solicitation. The evaluation of offers and the determination as to the equality of the product(s) offered shall be the responsibility of the Government and will be based on information furnished by the offeror or identified in its offer as well as other information reasonably available to the contracting activity. Caution to offerors: The contracting activity is not responsible for locating or securing any information which is not identified in the offer and is not reasonably available to the contracting activity. Accordingly, to assure that sufficient information is available, the offeror must furnish as a part of its offer all descriptive material (such as cuts, illustrations, drawings, or other information) necessary for the contracting activity to (i) determine whether the product offered meets the salient characteristics requirement of the solicitation, and (ii) establish exactly what the offeror proposes to furnish and what the Government would be binding itself to purchase by making an award. The information furnished may include specific reference to information previously furnished or to information otherwise available to the contracting activity. (2) If an offeror proposes to modify a product so as to make it conform to the requirements of the solicitation, the offer shall include (i) a clear description of such proposed modifications and (ii) clearly marked descriptive material to show the proposed modifications. The solicitation document and incorporated provisions and clauses are those in effect through FAC 2021-04 January 21, 2021. Complete and submit all of the (attached) following documents along with Technical Volume I and Pricing Volume II: GPAT, Reps and Certs, and all attached documents provided within the Performance Work Statement (PWS). 1. EVALUATION OFFERS/CRITERIA 1.1 Offers will be evaluated in accordance with FAR 52.212-2 included in this solicitation. Technical Specifications and Past Performance, when combined are equal to Price. Written proposals should include a brief technical proposal addressing how the vendor will meet the contract requirements. 1.2 A Pricing proposal shall be submitted utilizing the Schedule of Items included in the solicitation (Attachment D). 1.3 Price will be evaluated utilizing the unit prices multiplied by the estimated quantities for the sixty (60) month ordering period. 2. Evaluation Criteria. 2.1 Technical Specifications New Hardware: Acceptable/Not-Acceptable. 2.1.1 Transmission. 2.1.2 Transmission/Message Types. 2.1.3 Tracking. 2.1.4 Options at Time of Release. 2.1.5 Hardware and Software Specifications. 2.1.6 Power. 2.2 Technical Specifications - Subscription Services: Acceptable/Not-Acceptable. 2.3 Technical Specifications - Forest Service Web Portal: Acceptable/Not-Acceptable. 2.4 Past Performance: References for verification of this type experience and performance: Acceptable/Not-acceptable. 2.4.1 Past Performance: Describes how well the Offeror has performed the work described in Tasks 4.1- 4.6 of this RFQ’s PWS (SEE ATTACHED PWS) and how well the Offeror executed that which was promised in the proposal. (Past Performance is different from “experience” which indicates whether the Contractor has performed the work.) The Government will conduct a performance risk evaluation based upon the past performance of the Offeror and its proposed major Sub-contractors as it relates to the probability of successfully performing the solicitation requirements. In conducting the performance risk evaluation, the Government may use data provided by the Offeror as well as data obtained from other sources including data obtained from other sources that it considers current and accurate. Evaluation of past performance will be conducted in accordance with FAR 8.4, and 15.3; as supplemented by Best Practices for Collecting and Using Current and Past Performance Information (May 2000), Office of Federal Procurement Policy. All elements of this criterion below are equal in importance. 2.4.2 Quality of Services: The Offeror will be evaluated on (1) compliance with contract requirements, (2) standards of good workmanship, (3) accuracy of reports, (4) performance of key individuals, and (5) technical excellence to include quality awards/certificates. 2.4.3 Schedule: The Offeror will be evaluated on timeliness against (1) contract task orders, (2) milestones, (3) delivery schedules, (4) responsiveness to technical direction, and (5) administrative requirements. 2.4.4 Cost Control: The Offeror will be evaluated on (1) the ability to perform within or below budget, (2) use of cost efficiencies, (3) relationship to negotiated costs to actuals, (4) submission of reasonably priced change proposals, (5) forecasting accuracy and timeliness, and (6) ability to provide current, accurate, and complete timely billings. 2.4.5 Business Relations: The Offeror will be evaluated on (1) timeliness of interactions, (2) problem identification completeness and quality, (3) corrective action plans, (4) Contractor's history of reasonable and cooperative behavior, (5) customer satisfaction, (6) timely award and management of subcontracts, and (7) the ability to execute effective management, cooperative and proactive behavior with the Client’s Representative(s) and Contracting Officer. 2.4.6 Management of Key Personnel: The Offeror will be evaluated on quality and effectiveness of (1) selecting, (2) retaining, (3) supporting and, when necessary, (4) replacing Key Personnel. 2.4.7 Scale: The Offeror will be evaluated on the scale of their Past Performance experience relative to the scope of this requirement. 2.4.8 Demonstrated Effectiveness of Proposed Solution: The Offeror will be evaluated on the effectiveness of the proposed solution by providing the Government with access to customers of comparable size and complexity who have implemented similar solutions within the past three years. The Government may make an onsite visit to the Contractor’s and/or customer’s facility to evaluate the effectiveness of the proposed solution and the customer’s satisfaction with all aspects of the implementation and subsequent performance. Visits to the Customer’s facility will be made by the Government unaccompanied by the Offeror. 2.4.9 Note: In accordance with FAR 15.305, in the case of an Offeror without a record of relevant past performance, the Offeror will not be evaluated either favorably or unfavorably in this area, but instead will receive a neutral rating in the area of past performance. 2.4.10 Pricing: Unit price and 5-year pricing overall: Acceptable/Not-Acceptable. 2.5 Contract Award: Award of the contract will be based on best value to the Government. ____________________________________________________________________________________________________ Revised Section 508 Standards Contract Language Template - IT Accessibility Requirements Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998 (P.L. 105-220) requires that when Federal agencies develop, procure, maintain, or use information and communication technology (ICT), it shall be accessible to people with disabilities. Federal employees and members of the public who have disabilities must have access to, and use of, information and data that is comparable to people without disabilities. 1. Products, platforms and services delivered as part of this work statement that are ICT, or contain ICT, must conform to the Revised 508 Standards, which are located at 36 C.F.R. § 1194.1 & Apps. A, C & D, and available at https://www.access-board.gov/guidelines-and- standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards- and-guidelines Item that contains ICT: [Insert product name] Applicable Functional Performance Criteria: All functional performance criteria apply when using an alternative design or technology that achieves substantially equivalent or greater accessibility and usability by individuals with disabilities, than would be provided by conformance to one or more of the requirements in Chapters 4-6 of the Revised 508 Standards, or when Chapters 4-6 do not address one or more functions of ICT. Applicable requirements for software features and components: All WCAG Level AA Success Criteria, 502 Interoperability with Assistive Technology, 503 Application Applicable requirements for hardware features and components: All requirements apply Applicable support services and documentation: All requirements apply Instructions to Offerors: Provide an Accessibility Conformance Report (ACR) for each commercially available Information and Communication Technology (ICT) item offered through this contract. Create the ACR using the Voluntary Product Accessibility Template Version 2.1 or later, located at https://www.itic.org/policy/accessibility/vpat. Complete each ACR in accordance with the instructions provided in the VPAT template. Each ACR must address the applicable Section 508 requirements referenced in the Work Statement. Each ACR shall state exactly how the ICT meets the applicable standards in the remarks/explanations column, or through additional narrative. All "Not Applicable" (N/A) responses must be explained in the remarks/explanations column or through additional narrative. Address each standard individually and with specificity, and clarify whether conformance is achieved throughout the entire ICT Item (for example - user functionality, administrator functionality, and reporting), or only in limited areas of the ICT Item. Provide a description of the evaluation methods used to support Section 508 conformance claims. The agency reserves the right, prior to making an award decision, to perform testing on some or all of the Offeror’s proposed ICT items to validate Section 508 conformance claims made in the ACR. Describe your approach to incorporating universal design principles to ensure ICT products or services are designed to support disabled users. Describe plans for features that do not fully conform to the Section 508 Standards. Describe "typical" user scenarios and tasks, including individuals with disabilities, to ensure fair and accurate accessibility testing of the ICT product or service being offered. Acceptance Criteria: 1. Prior to acceptance, the government reserves the right to perform testing on required ICT items to validate the offeror’s Section 508 conformance claims. If the government determines that Section 508 conformance claims provided by the offeror represent a higher level of conformance than what is actually provided to the agency, the government shall, at its option, require the offeror to remediate the item to align with the offeror’s original Section 508 conformance claims prior to acceptance.