Inactive Total Small Business Set-Aside (FAR 19.5)

UNITED STATES AGENCY FOR GLOBAL MEDIA (USAGM) Title: STIRLITZ MEDIA LOGGER ANNUAL SOFTWARE MAINTENANCE SERVICES Issued Date: September 1, 2023 Questions Due: 1:00 P.M., Eastern Time on September 7, 20... UNITED STATES AGENCY FOR GLOBAL MEDIA (USAGM) Title: STIRLITZ MEDIA LOGGER ANNUAL SOFTWARE MAINTENANCE SERVICES Issued Date: September 1, 2023 Questions Due: 1:00 P.M., Eastern Time on September 7, 2023 Quotes Due: 1:00 P.M., Eastern Time September 13, 2023 Interested Offerors are reminded to submit via email two separate attachments – a Technical Quote and a separate Price Quote. Offerors shall send one email with both attachments. ALL ATTACHMENTS MUST BE CLEARLY LABELED AND SENT IN “PDF FORMAT” AND INCLUDE THE SOLICITATION NUMBER IN THE SUBJECT LINE. PLEASE NOTE THAT THE TOTAL SIZE OF ALL ATTACHEMNTS MUST NOT EXCEED 23MB. NOTICE TYPE: Combined Synopsis/Solicitation (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in far 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. (ii) Solicitation No. 951700-23-Q-0036 is issued as a Request for Quotes (RFQ). (iii) This solicitation document Federal Acquisition Circular (FAC) and incorporated provisions and clauses are those in effect through 2023-04 effective June 2, 2023. (iv) This is a total Small Business set-aside and the North American Industry Classification Systems (NAICS) code for this acquisition is: 334220, Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing with a small business size standard of 1,250. (v) The U.S. Agency for Global Media (USAGM) seeks a STIRLITZ MEDIA LOGGER ANNUAL SOFTWARE SUPPORT SERVICES. Objective and Needs: See attached Statement of Work. (vi) Interested Offeror(s) will be required to provide a STIRLITZ MEDIA LOGGER ANNUAL SOFTWARE MAINTENANCE SERVICES for one year starting from date of award of the order with the possibility of two options periods of one year each. (vii) The period of performance for this acquisition will be one year, approximately September 30, 2023 through September 29, 2024 with the possibility of an additional two option periods of one year each. (viii) The provision at 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, applies to this acquisition. FAR provisions and clauses may be obtained from the Internet Web address at: http://acquisition.gov/far/index.html. Interested Offeror(s) should submit a proposal identifying capabilities as instructed at paragraph (ix) below. Each Offeror is required to submit: (a) a single Technical Quote and (b) a Price Quote as further described below. (ix) The Federal Acquisition Regulation (FAR) provision FAR 52.212-2 Evaluation—Commercial Products and Commercial Services (Nov 2021), applies to this solicitation for the evaluation of Offeror’s Technical and Price Quotes as set forth below. (a) This acquisition will utilize the Lowest Priced Technically Acceptable (LPTA) procedure to make a best value award. A decision on the technically acceptability of each offeror’s proposal will be made. For those offerors which are determined to be technically acceptable, award will be made to the offeror who submitted the lowest overall price. Technical acceptablility will be determined based on a comparison of the offerors technical quote against the stated product requirements. While the Government will strive for maximum objectivity, the technical go/no go process, by its nature, is subjective; therefore, professional judgement is implicit throughout the evaluation process. The Government intends to make an award based on initial quotes received. If further questions are required, the contracting officer may contact the offeror or offerors. Award will be made to the responsible offeror whose proposal conforms to all solicitation requirements. By submission of its quote, the offeror accepts all Solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. All technically acceptable offerors shall be treated equally except for their prices. The Government intends to make a selection based upon initial proposal submissions and intends to make an award without discussions. Offerors are advised to submit quotes that are fully and clearly acceptable without requests for additional information. The Government also reserves the right to make multiple awards for this requirement. The following process will be followed: Step 1: An evaluation rating of Technically Acceptable/Non-Acceptable will be assigned to each quote upon completion of the technical quote evaluations. If a quote receives a technical rating of “Non-Acceptable” it will not be considered for award. Technical Quotes shall be limited to no more than 10 pages using Microsoft Word format, 12 point Times Roman font, double-spaced with 1 inch margins. Step 2: Price Quote will be evaluated, for award purposes, based upon the lowest total price proposed for the basic requirements and two options as provided in the CLIN structure shown below. Offerors are advised that the evaluation of option shall not obligate the government to exercise such option. Basis for Award: The Government will make a single award (firm-fixed-price purchase order) from this solicitation to the Offerors that best meet USAGM’s operational requirements. (b) Options. Two Option Period of One Year Each. The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced. Evaluation of option(s) shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (x) Offerors shall include a completed copy of the provision FAR 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services, with their Technical Quote. These representations and certifications will be incorporated by reference in any resultant contract. Offerors may either submit a paper copy of FAR Clause 52.212-3 or submit this information through the System for Award Management (SAM) www.SAM.gov. Quotes must also include the Offeror’s UEI Number, prompt payment terms, and correct remittance address, if different from mailing address. The OFFEROR must be registered online in the SAM database AND LISTED AS “active” prior to contract award, AND prospective awardees aCknowledge the requirement to maintain an “active” sam registration status during performance and through final payment of any resulting contract. Accordingly, the following FAR provisions and clauses are incorporated into the solicitation and any resulting contract by reference: 52.204-7—System for Award Management (OCT 2018); 52.204-13—System for Award Management Maintenance (OCT 2018); FAR 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020); FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020). Pursuant to FAR 12.301(d), the FAR provisions 52.209-7 Information Regarding Responsibility Matters (OCT 2018) and 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (OCT 2020) also apply to this acquisition and are incorporated in full text to this synopsis/solicitation. Offerors must comply with the requirements of these two provisions. (xi) The clause at 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services, applies to this acquisition. (xii) The clause 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items applies to this acquisition. (xiii) All additional contract requirements, terms, conditions, provisions, and clauses applicable to this acquisition are contained herein and below. 52.217-8 Option to Extend Services. 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 __30 days___. (End of clause) 52.217-9, Option to Extend the Term of the Contract (March 2000) The Government may extend the term of this contract by written notice to the Contractor within thirty (30) days, provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension. If the Government exercises this option, the extended contract shall be considered to include this option clause. The total duration of this contract, including the exercise of any options under this clause, shall not exceed thirty six (36) months). (End of clause) 3. Submission of Invoices The Contractor shall submit an original monthly invoice of detailed work completed and accepted by the Government to the COR. The Contractor’s monthly invoice shall list: (1) the days for which assignments/hours are being billed for work performed, (b) the programs produced, (c) reimbursable expenses, if any, and comply with 1952.232-91 Electronic Invoicing and Payment Requirements clause (below) 1952.232-91 Electronic Invoicing and Payment Requirements Invoice Payment Platform (IPP) (April 2016) Payment request for all new awards may be required to be submitted electronically through the U.S. Department of the Treasury’s Invoice Payment Platform System (IPP). “Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in FAR 32.905(b), “Payment documentation and process” and the applicable Prompt Payment clause included in this contract. The IPP website address is: https://www.ipp.gov 4. FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/ (End of clause) CLAUSE NO. CLAUSE TITLE DATE 52.202-1 Definitions (JUN 2020) 52.203-3 Gratuities (APR 1984) 52.203-17 Contractor Employee Whistleblower Rights (JUN 2020) and Requirement To Inform Employees of Whistleblower Rights 52.204-4 Printed or Copied Double–Sided on Postconsumer (MAY 2011) Fiber Content Paper 52.204–7 System for Award Management (OCT 2018) 52.204–13 System for Award Management Maintenance (OCT 2018) 52.204-16 Commercial and Government Entity Code (AUG 2020) Reporting 52.204–18 Commercial and Government Entity Code (AUG 2020) Maintenance 52.204–19 Incorporation by Reference of Representations (DEC 2014) and Certifications 52.227-19 Commercial Computer Software License (Dec 2007) 52.232–39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.233–1 Disputes (MAY 2014) Additional FAR solicitation provisions applicable to this acquisition 52.209-7 Information Regarding Responsibility Matters (OCT 2018) (a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. “Federal contracts and grants with total value greater than $10,000,000” means— (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). “Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in— (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204–7). (End of provision) 52.222-56--Certification Regarding Trafficking in Persons Compliance Plan (MAR 2015) (a) The term “commercially available off-the-shelf (COTS) item,” is defined in the clause of this solicitation entitled “Combating Trafficking in Persons” (FAR clause 52.222-50). (b) The apparent successful Offeror shall submit, prior to award, a certification, as specified in paragraph (c) of this provision, for the portion (if any) of the contract that— (1) Is for supplies, other than commercially available off-the-shelf items, to be acquired outside the United States, or services to be performed outside the United States; and (2) Has an estimated value that exceeds $500,000. (c) The certification shall state that— (1) It has implemented a compliance plan to prevent any prohibited activities identified in paragraph (b) of the clause at 52.222-50, Combating Trafficking in Persons, and to monitor, detect, and terminate the contract with a subcontractor engaging in prohibited activities identified at paragraph (b) of the clause at 52.222-50, Combating Trafficking in Persons; and (2) After having conducted due diligence, either— (i) To the best of the Offeror's knowledge and belief, neither it nor any of its proposed agents, subcontractors, or their agents is engaged in any such activities; or (ii) If abuses relating to any of the prohibited activities identified in 52.222-50(b) have been found, the Offeror or proposed subcontractor has taken the appropriate remedial and referral actions. (End of provision) 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/ (End of provision) (xiv) No Defense Priorities and Allocation System (DPAS) rating assigned. (xv) Please note that questions shall be submitted in writing to: rphernandez@usagm.gov with a copy to DWallace@usagm.gov and must be received before the deadline of 1:00 P.M., Eastern Time (“ET”) on September 7, 2023. Offerors are required to put the Combined Synopsis/Solicitation Number in the subject line when submitting questions. Quotes shall utilize the following CLIN structure: CLIN 0001 – 1 year Stirlitz Media Software Maintenance - Base CLIN 1001 – 1 year Stirlitz Media Software Maintenance - First Option Period CLIN 2001 – 1 year Stirlitz Media Software Maintenance - Second Option Period Failure to offer to provide the required services for the above CLIN(s) may result in the rejection of your Quote. Quotes shall be in writing and must be signed by an official authorized to bind the organization. No oral, faxed, mailed in hard copy, or hand delivered in hard copy by Government or commercial courier quotes will be accepted. All quotes must be sent via email delivery and must be received before the deadline. The Price Quote must be clearly distinguishable and separate from Technical Quote. Offerors should send one email with the Solicitation Number in the subject line and the Technical and Price Quotes as separate, clearly identified, attachments. Quotes shall be submitted via email to RPHernandez@usagm.gov with a copy to dwallace@usagm.gov and must be received before 1:00 P.M., ET on September 13, 2023. In summary, each Offeror shall send one email with its Technical Quote and Price Quote attached separately. Offerors are reminded to email two separate attachments – a Technical Quote and a separate Price Quote. Offerors shall send one email with both attachments. (xvi) Primary Contact: Ronald Palau-Hernandez, Contract Specialist, 202-374-4670, RPHernandez@usagm.gov. Alternate Contact: David Wallace, Contracting Officer, 202-920-2314, DWallace@usagm.gov.