Inactive Total Small Business Set-Aside (FAR 19.5)

This requirement is pursuant to FAR 13.5 and FAR 6.302, and is a sole source requirement due to capability requirements. The specifications for the required support will be included in the Request for... This requirement is pursuant to FAR 13.5 and FAR 6.302, and is a sole source requirement due to capability requirements. The specifications for the required support will be included in the Request for Quotation (RFQ). THE SOLICITATION WILL BE AVAILABLE IN ELECTRONIC FORMAT ONLY. Action Code: Combined Synopsis/Solicitation (2) Date: September 2nd (3) Fiscal Year: 2022 (4) Contracting Office ZIP Code: 22041 (5) Product or Service Code: 7050 (6) Contracting Office Address: 5107 Leesburg Pike, Suite 1711, Falls Church, VA (7) Subject: GoToMeeting (8) Proposed Solicitation Number: 15JE1R-22-PR-0279 (9) Closing Response Date: 1:00pm, September 16, 2022 (10) Contact Point or Contracting Officer: Nikki Adkins. Send quotes to Kenny Peoples at Kenny.Peoples@USDOJ.gov (11) Contract Award and Solicitation Number: 15JE1R-22-PR-0279 (12) Contract Award Dollar Amount: Not Applicable (13) Line Item Number: FFP CLIN 0001 GoToWebinar Pro (500 attendees) service fee FFP CLIN 0002 GoToWebinar Plus (1000/3000 attendees) – service fee FFP CLIN 0003 GoToWebinar Plus (1000/3000 attendees) – service fee FFP CLIN 0004 GoToMeeting Plus – service fee FFP CLIN 0005 Open Voice Audio – service fee In accordance with the attached Bill of Materials (BOM). (14) Contract Award Date: Estimated Award Date is September 20, 2022 (15) Period of Performance – September 22, 2022 through September 21, 2023 Option Year 1 - September 22, 2023 through September 21, 2024 Option Year 2 - September 22, 2024 through September 21, 2025 Option Year 3 - September 22, 2025 through September 21, 2026 Option Year 4 - September 22, 2026 through September 21, 2027 (16) Contractor: N/A (17) 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. Offerors are hereby advised that the solicitation is issued as a Request for Quotation (RFQ). Offerors are hereby advised that the solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-07. Offerors are hereby advised this is an unrestricted solicitation under NAICS Code 334118 with a size standard of 1,000 employees. The Department of Justice (DOJ) Executive Office for Immigration Review (EOIR) has the following need to procure Software Licenses for OIT O&M WebGoToMeeting support. INSTRUCTIONS TO OFFERORS Offerors are hereby advised that 52.212-1, Instructions to Offerors—Commercial Items (OCT 2018) applies to this combined synopsis/solicitation. Offerors shall submit one (1) quote containing its technical approach and price to the Contracting Officer, Michael Galbraith, at Michael.Galbraith.jr@usdoj.gov and Acquisition Support Specialist, Sherry Lawson, at sherry.lawson@usdoj.gov by 12:00pm EST, Tuesday, September 8, 2020. Any quote submitted and received thereafter shall not be accepted. The quote shall be considered timely when received in the Contracting Officer’s inbox. Offerors shall submit the following documentation as a part of their quote: Price A Firm-Fixed Price (FFP) for CLIN 0001 – CLIN 0005 Offerors are encouraged to contact Kenny Peoples, with any questions, at Kenny.Peoples@USDOJ.gov. All questions received by September 8th, 2022, will be posted as received and answered in writing as an amendment to the solicitation. EVALUATION OF OFFERS Offerors are hereby advised that 52.212-2, Evaluation—Commercial Items (OCT 2014) applies to this combined synopsis/solicitation as set forth below: 52.212-2 Evaluation—Commercial Items. As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows: Evaluation—Commercial Items (Oct 2014) (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 quotes: Price Technical and Past Performance Technical and past performance, when combined, are less important than price. The Contracting Officer will evaluate the lowest priced quote first. If the Offeror is determined eligible for award and found responsive and responsible, the Contracting Officer will determine if the quote meets the subsequent minimum requirements. If the quote meets the subsequent minimum requirements and the offered price is within budget then the Contracting Officer will make an award to that Offeror and cease evaluations. If the Offeror is not determined eligible for award or not found responsive and responsible then the Contracting Officer will evaluate the second lowest priced quote. This process will continue until the Contracting Officer can make an award. Technical acceptability will be determined if the quote offers GoToWebinar Pro. No other makes or models, including newer versions, shall be considered or accepted. In accordance with FAR 52.204-7, the awardee shall be registered in the system for award management (www.sam.gov) prior to award. Refusal to register shall forfeit award. 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. (End of provision) PROVISIONS AND CLAUSES Offerors are hereby advised to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications—Commercial Items (OCT 2018), with its offer. Offerors are hereby advised that 52.212-4, Contract Terms and Conditions—Commercial Items (OCT 2018) and 52.212-4, Contract Terms and Conditions—Commercial Items (OCT 2018) Alternate I (JAN 2017), applies to this acquisition. Offerors are hereby advised that 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (AUG 2019), 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 2019) (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)). (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.644). 52.222-3, Convict Labor (JUN 2003) (E.O. 11755). 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126). 52.222-21, Prohibition of Segregated Facilities (APR 2015). 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246). 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). 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). 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332). Offerors are hereby advised that the following provisions shall be completed and submitted as a part of the quote, as applicable: 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017) 52.204-7 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016) 52.204-17 Ownership or Control of Offeror (Jul 2016) As prescribed in 4.1804(b), use the following provision: Ownership or Control of Offeror (Jul 2016) (a) Definitions. As used in this provision– “Commercial and Government Entity (CAGE) code” means– (1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or (2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. “Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. “Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. (b) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture. (c) If the Offeror indicates “has” in paragraph (b) of this provision, enter the following information: Immediate owner CAGE code: ____________________ Immediate owner legal name: ______________________ (Do not use a “doing business as” name) Is the immediate owner owned or controlled by another entity?: ? Yes or ? No. (d) If the Offeror indicates “yes” in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information: Highest-level owner CAGE code: ___________________ Highest-level owner legal name: ___________________ (Do not use a “doing business as” name) (End of provision) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation. As prescribed in 9.108-5(a), insert the following provision: Prohibition on Contracting with Inverted Domestic Corporations-Representation (Nov 2015) (a) Definitions. “Inverted domestic corporation” and “subsidiary” have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10). (b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (c) Representation. The Offeror represents that- (1) It ?is, ?is not an inverted domestic corporation; and (2) It ?is, ?is not a subsidiary of an inverted domestic corporation. (End of provision) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. As prescribed in 9.104-7 (d), insert the following provision: Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) (a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that– (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that– (1) It is [ ]is not [ ]a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (2) It is [ ] is not [ ]a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) 52.222-22 Previous Contracts and Compliance Reports. As prescribed in 22.810(a)(2), insert the following provision: Previous Contracts and Compliance Reports (Feb 1999) The offeror represents that- It ?has, ?has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; It ?has, ?has not filed all required compliance reports; and Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. (End of provision) 52.232-38 Submission of Electronic Funds Transfer Information with Offer. As prescribed in 32.1110(g), insert the following provision: Submission of Electronic Funds Transfer Information with Offer (Jul 2013) The offeror shall provide, with its offer, the following information that is required to make payment by electronic funds transfer (EFT) under any contract that results from this solicitation. This submission satisfies the requirement to provide EFT information under paragraphs(b)(1) and (j) of the clause at 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management. (1) The solicitation number (or other procurement identification number). (2) The offeror’s name and remittance address, as stated in the offer. (3) The signature (manual or electronic, as appropriate), title, and telephone number of the offeror’s official authorized to provide this information. (4) The name, address, and 9-digit Routing Transit Number of the offeror’s financial agent. (5) The offeror’s account number and the type of account (checking, savings, or lockbox). (6) If applicable, the Fedwire Transfer System telegraphic abbreviation of the offeror’s financial agent. (7) If applicable, the offeror shall also provide the name, address, telegraphic abbreviation, and 9-digit Routing Transit Number of the correspondent financial institution receiving the wire transfer payment if the offeror’s financial agent is not directly on-line to the Fedwire and, therefore, not the receiver of the wire transfer payment. (End of provision) Offerors are hereby advised that the following clauses applies to this acquisition and will be made a part of any resultant contract: 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) Offerors are hereby advised that all contractor personnel shall be subject to a Public Trust Investigation (PTI) (reference Attachment B) and shall comply with the terms and conditions set forth in this clause. 52.204-13 System for Award Management Maintenance. (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (May 2014) 52.225-13 Restrictions on Certain Foreign Purchases (june2008) 52.232-23 Assignment of Claims (May 2014) 52.232-25 Prompt Payment (Jan 2017) 52.233-1 Disputes (May 2014) 52.233-3 Protest after Award (Aug 1996) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.247-34 F.O.B Destination (NOV 1991) 52.224-1 Privacy Act Notification (APR 1984) 52.224-4 Privacy Act (APR 1984) 52.227-14 Rights in Data-General (MAY 2014) PIB 2019-02 Electronic Signatures (May 2019) The Department of Justice is committed to doing business in the most efficient and effective way possible, and to facilitate paperless processes. In furtherance of this goal, the Contracting Officer may apply their digital signature to procurement documents in the Portable Document Format (PDF) through the use of their government issued Personal Identity Verification (PIV) Card with a valid public key certificate. A digital signature made with these certificates is evidence that a specific individual signed the electronic record and that it was not altered. The recipient of a signed document can rely on the digital signature as evidence for a third party that the signature was generated by the claimed signer. For procurement documents that require a signature from a representative of the Contractor, the Contractor may utilize manual or electronic signature. Should the Contractor utilize an electronic signature, by returning the document with an electronic symbol affixed to the appropriate signature block, the Contractor representative signing on behalf of the Contractor certifies that: Electronic Form of Signature: The Contractor representative has knowingly adopted, applied or affixed an electronic symbol to the document; Intent to Sign: The Contractor representative has applied an electronic symbol with the intent to legally bind the Contractor; Association of Signature to Record: the Contractor representative’s signature is attached to the electronic record being signed; Identification and Authentication of Signer: The Contractor has a means to identify and authenticate a particular person as the signer; and Integrity of Signed Record: The Contractor can attest to the integrity of the signed record between the time of signature and the returned record to the government. This clause applies to this document and any subsequent documents (e.g., modifications, task/delivery orders) associated with this action. (End of clause) 52.217-6 Option for Increased Quantity (Mar 1989) The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within [insert in the clause the period of time in which the Contracting Officer has to exercise the option]. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree. (End of clause) 52.217-7 Option for Increased Quantity-Separately Priced Line Item (Mar 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within [insert in the clause the period of time in which the Contracting Officer has to exercise the option]. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree. (End of clause) (17) Place of Contract Performance: 5107 Leesburg Pike, Falls Church, VA 22041 (18) Set-aside Status: Small Business