West Publishing CLEAR Web-Based Database or EQUAL
Department of Health and Human Services, Food and Drug Administration | Published August 26, 2016 - Deadline September 2, 2016
PART 1 - GENERAL INFORMATION
This is a Combined Synopsis/Solicitation for Commercial Items prepared in accordance with the format in FAR Subpart 12.6. This Request for Quotation (RFQ) announcement constitutes the only solicitation that will be issued; quotes are being requested and a written solicitation will not be issued. This requirement is being solicited as a small business set aside and the Government contemplates a Firm-Fixed Price Purchase Order will result from this solicitation. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-88-1 dated June 15, 2016.
The associated North American Industrial Classification System (NAICS) code for this procurement is 334516. Its associated Small Business Size Standard is 1,000 employees.PART 2 - SUPPLIES OR SERVICES AND PRICES/COSTS
Description of Supplies or Services
The Office of Criminal Investigations (OCI) is the Food & Drug Administration's law enforcement arm responsible for investigating suspected criminal violations of the Federal Food, Drug, and Cosmetic Act, the Federal Anti-Tampering Act, and other related federal statutes. OCI's Investigative Analysis Branch (IAB) is tasked with the responsibility of supporting criminal investigations through researching resources to validate and corroborate data obtained during criminal investigations. OCI's IAB needs a secure, aggregate, web-portal resource for access to public and commercial telephone directories and law enforcement records. Specifications are listed below:
Pricing Table (See Word Version)
PART 3 - DESCRIPTION
FDA/OCI requires access to a secure database (West Publishing CLEAR web-based OR EQUAL) to access public, commercial and law enforcement records for all city, county, state and federal records in the United States. The database shall have the following salient functional characteristics:
•Secure access to this resource shall be via a hypertext transfer protocol secure web based interface from public access and limited to only authorized end users.
•Queries submitted by FDA/OCI end users shall be cloaked from the Contractor due to the sensitivity of OCI's investigations. Neither the Contractor nor any third parties may have access to the actual query and results for any internal review purposes.
•The reports obtained from this database shall be collected, collated, and collaborated to provide an overview of the entities of interest to OCI.
•Telephone numbers: Search for/Provide
Reverse residential and commercial landline telephone numbers; Reverse cell phone numbers; Reverse voice over internet protocol (VoIP) phone numbers in the United States and Canada Address (street number, street name, city, state, ZIP code) for all telephone queries Carrier contact information
•Person Search: Search for a person based on combinations of first name, middle name, last name, SSN, age range, date of birth, address, city, state and zip.
•Credit Reporting: The database shall provide current credit header information from TransUnion, Equifax and Experian. This information shall provide the most current, up-to-date address information as well as high-risk address alerts such as mail drops, known fraudulent site activity and non-existent addresses.
•Search for people based on possible business relationships and places of employment.
•Workplace Locator: Search for a subject's possible workplaces.
•Search for news articles based on a person.
•Batch Person Search: Search for current information on a list of subjects
•Advanced Person Search: Search for a person using the following advanced criteria: previous city and state, relative's names, and previous last name.
•Death Records Search: Search death records nationwide.
•Email Search: Search Email records (including reverse search)
•Virtual Identity Search: Search for virtual identities including email addresses, avatars, handles/screennames.
•Social Media Monitor: Searches must include the ability to query social networking sites, blogs, chat rooms, RSS feeds, and avatars. The social networking sites must, at a minimum, include Facebook, Twitter, YouTube, Google + and Instagram. The results of these searches shall contain available names, e-mail addresses, user names, photos, hashtags and telephone numbers.
•Power search: Search using people, business, and proper ties using Boolean logic.
•Business search: Search for businesses based on combinations of company name, individual names, TIN, FEIN, address, city, state, zip, or telephone.
•Corporate Filings Search: Search for corporate filings based on combinations of company name, officer names, address, city, state, zip. This information shall also include any fictitious business names/doing business as ("dba") listings.
•UCC Filings Search: Search by company name or address to find UCC (commercial lien) filings.
•Automated Valuation Models: Provides a composite report of residential property information, including three valuation models, to provide the best estimate of the current market value of the property interest.
•Internet Domains Search: Search by company name, contact name, address or domain name to find internet domain registrations.
•FAA Aircraft Search: Search for aircraft registrations based on combinations of names, address, or aircraft number. •Motor Vehicle Search: Search for all available motor vehicle registrations based on combinations of first name, middle name, last name, VIN, driver's license number, license plate, company name, SSN, address, city, state, county, zip.
•Real-Time Motor Vehicle Registrations Search: Search for all available current and historical motor vehicle registrations.
•Property Search: Search by name, company, address, or parcel number for all available property tax assessment and/or property deed records.
•Watercraft Search: Search all available commercial and personal craft by name, company, address, hull ID, or vessel name.
•Driver's License Search: Search all available driver's license registrations based on combinations of first name, middle name, last name, driver's license number, SSN, date of birth, address, city, state, zip.
•Driver's License Wildcard: Search The DL Wildcard search window allows you to query combinations of Driver's License data. Wildcard Search accesses DL data to run matches on partial license numbers
•Professional Licenses: Search by name, social security number, address or professional license number to find individuals that have or have had a professional license.
•Utility Records: Search for all available utility records (electricity, water, cable, telephone) for businesses and individuals.
•FAA Certifications Search: Search by name or address to find individuals that have or have had pilot, mechanic, trainer, or other FAA certifications
•Hunting and Fishing Licenses: Search by name, address, or SSN to find individuals that have or have had hunting or fishing licenses.
•Federal Firearms & Explosives: Search by name, address, or license number to find individuals or businesses that have or have had ATF firearms and explosives licenses.
•Concealed Weapon Permit: Search by name or address to find individuals that have or have had a permit to carry a concealed weapon.
•DEA Controlled Substances Search: Search by name, address, or SSN to find individuals or businesses that have or have had DEA controlled substances licenses.
•Voter Registration Search: Search for all available Voter Registration records
•Search for phone numbers not found in traditional Directory Assistance searches. •Directory Assistance: Search listed phone numbers based on combinations of first name, middle initial, last name, phone number, address, city, state, zip.
•Civil Court Records: Search by name or address to find all available civil court records.
•Bankruptcy & Liens and Judgments Search: Search for individuals or businesses that have filed for bankruptcy and/or tax liens or judgments.
•Official Records Search: Search by name and location for all available miscellaneous official court filings and other documents.
•Marriages & Divorces: Search all available marriage and divorce records by name and location.
•Sexual Offenders Search: Search by name, social security number or address to find records in an integrated database of public sexual offenders.
•Advanced Sexual Offender Search: Search by name, social security number, date of birth, address, or radius, including unregistered, historical, and associated addresses in addition to registered addresses.
•Search government lists provided by a number of organizations, including the Office of Foreign Assets Control (OFAC), the United Nations Named Terrorist lists and the US Bureau of Industry and Security Denied Entity and Person list.
•Criminal Records Search: Search all available criminal records based on combinations of first name, middle name, last name, SSN, DOC#, address, city, state, and county. Criminal records searches must include any incarceration records and photo images of criminal suspects.
•Foreclosures Search: Search all available foreclosure records by name, company, or address.
•National Motor Vehicle Accidents: Search accident reports by name, company, address, accident number, license number, VIN, or tag number.
•Wildcard Search: Provides "wildcard" searching of motor vehicle data to generate matches on partial license plate tags or VINs, as well as car makes, models, colors.
•Relationship Analysis: Graphically presents relationships between individuals, addresses, vehicles, and corporations. •Custom Reports: Creates a combined, customized, comprehensive report compiled from all datasets for either a company or a person.
•Comprehensive Reports: Creates a comprehensive report compiled from all datasets for either a company or a person.
•Business Reports: Creates a combined, customized, comprehensive report for a company, including address, contact information, phone, and TIN.
•Alerts and Notifications: Establish automatic alerts and receive notifications regarding subjects of interest.
•Web-based User Guide
•Link Charts: Provides a link tool to display relationships between data.
•Query History: When enabled, records all queries run along with their results. Allows users to organize queries, full or partial results, and other files into cases.
•Query List: Lists queries run in current session and provides the capability to rerun them.
•Results and Reports: Print and/or save results and report
•Unified searching: Allows OCI to search the Contractor's database as well as other affiliated third party databases which include credit bureaus and telephone service providers.
•All query results must be provided to the end user within five (5) minutes.
•All reports must be in Microsoft Excel, Rich Text or Adobe Acrobat format. The Contractor must provide a means of viewing information in a West Publishing CLEAR or equal graphical format such as a link chart or map view.
•The Contractor shall provide a means of searching its web-portal resource via a CPU, laptop and Blackberry device. Any information requested and generated via the Blackberry device shall be retained for a minimum of a week by the Contractor and available to OCI end users for later viewing.
•The Contractor shall provide a toll free helpdesk support phone number or e-mail. Helpdesk support must be available to end users at a minimum of 360 days of the year. The web-portal resource shall be made available to end users at any location with an internet connection.
Schedule of DeliverablesDeliverables Timeframe (after contract award)Deliver twenty (20) West Publishing CLEAR OR EQUAL licenses with the capacity to increase up to twenty West Publishing CLEAR licenses OR EQUAL over five (5) years.
Optional Line Item: Deliver up to an additional20 concurrent licenses a year within over thefive-year potential period of the contract Deliver Twenty (20) concurrent licenses: 10days after award
Helpdesk Support As required
5. Technical Environment Constraints
The web-portal database shall be accessible via the internet and accessible to the ender user throughMicrosoft Explorer, Google Chrome and Mozilla Firefox browsers.
6. Section 508
If any of the work performed in this SOW impact the accessibility of the product as defined under Section 508 of the Rehabilitation Act (29 U.S.C. '794 d), the FDA will require an updated Voluntary Product Accessibility Template (VPAT) or HHS Section 508 Evaluation Template Product Accessibility Template (PAT) for TeamPage (see http://www.hhs.gov/od/vendors/index.html)Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by Public Law 105-220 under Title IV (Rehabilitation Act Amendments of 1998), all Electronic and Information Technology (EIT) developed, procured, maintained, and/or used under this contract shall be in compliance with the ‘‘Electronic and Information Technology Accessibility Standards'' set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the ‘‘Access Board'') in 36 CFR part 1194. The complete text of Section 508 Final Standards can be accessed at http://www.access-board.gov/sec508/standards.htm.
The standards applicable to this requirement are:
Subpart B, 1194.21 Software applications and operating systems
(a) When software is designed to run on a system that has a keyboard, product functions shall be executable from a keyboard where the function itself or the result of performing a function can be discerned textually.
(b) Applications shall not disrupt or disable activated features of other products that are identified as accessibility features, where those features are developed and documented according to industry standards. Applications also shall not disrupt or disable activated features of any operating system that are identified as accessibility features where the application programming interface for those accessibility features has been documented by the manufacturer of the operating system and is available to the product developer.
(c) A well-defined on-screen indication of the current focus shall be provided that moves among interactive interface elements as the input focus changes. The focus shall be programmatically exposed so that assistive technology can track focus and focus changes.
(d) Sufficient information about a user interface element including the identity, operation and state of the element shall be available to assistive technology. When an image represents a program element, the information conveyed by the image must also be available in text.
(e) When bitmap images are used to identify controls, status indicators, or other programmatic elements, the meaning assigned to those images shall be consistent throughout an application's performance.
(f) Textual information shall be provided through operating system functions for displaying text. The minimum information that shall be made available is text content, text input caret location, and text attributes.
(g) Applications shall not override user selected contrast and color selections and other individual display attributes.
(h) When animation is displayed, the information shall be displayable in at least one non-animated presentation mode at the option of the user.
(i) Color coding shall not be used as the only means of conveying information, indicating an action, prompting a response, or distinguishing a visual element.
(j) When a product permits a user to adjust color and contrast settings, a variety of color selections capable of producing a range of contrast levels shall be provided.
(k) Software shall not use flashing or blinking text, objects, or other elements having a flash or blink frequency greater than 2 Hz and lower than 55 Hz.
(l) When electronic forms are used, the form shall allow people using assistive technology to access the information, field elements, and functionality required for completion and submission of the form, including all directions and cues.
Subpart B, 1194.22 Web-based intranet and internet information and applications(a) A text equivalent for every non-text element shall be provided (e.g., via "alt", "longdesc", or in element content).(b) Equivalent alternatives for any multimedia presentation shall be synchronized with the presentation. (c) Web pages shall be designed so that all information conveyed with color is also available withoutcolor, for example from context or markup.
(d) Documents shall be organized so they are readable without requiring an associated style sheet. (e) Redundant text links shall be provided for each active region of a server-side image map.(f) Client-side image maps shall be provided instead of server-side image maps except where the regions cannot be defined with an available geometric shape.
(g) Row and column headers shall be identified for data tables.
(h) Markup shall be used to associate data cells and header cells for data tables that have two or more logical levels of row or column headers.
(i) Frames shall be titled with text that facilitates frame identification and navigation.
(j) Pages shall be designed to avoid causing the screen to flicker with a frequency greater than 2 Hz and lower than 55 Hz.
(k) A text-only page, with equivalent information or functionality, shall be provided to make a web site comply with the provisions of this part, when compliance cannot be accomplished in any other way. The content of the text-only page shall be updated whenever the primary page changes.
(l) When pages utilize scripting languages to display content, or to create interface elements, the information provided by the script shall be identified with functional text that can be read by assistive technology.
(m) When a web page requires that an applet, plug-in or other application be present on the client system to interpret page content, the page must provide a link to a plug-in or applet that complies with§1194.21(a) through (l).
(n) When electronic forms are designed to be completed on-line, the form shall allow people using assistive technology to access the information, field elements, and functionality required for completion and submission of the form, including all directions and cues.
(o) A method shall be provided that permits users to skip repetitive navigation links.
(p) When a timed response is required, the user shall be alerted and given sufficient time to indicate more time is required.
Subpart C, 1194.31 Functional Performance Criteria
(a) At least one mode of operation and information retrieval that does not require user vision shall be provided, or support for assistive technology used by people who are blind or visually impaired shall be provided.
(b) At least one mode of operation and information retrieval that does not require visual acuity greater than 20/70 shall be provided in audio and enlarged print output working together or independently, or support for assistive technology used by people who are visually impaired shall be provided.
(c) At least one mode of operation and information retrieval that does not require user hearing shall be provided, or support for assistive technology used by people who are deaf or hard of hearing shall be provided.
(d) Where audio information is important for the use of a product, at least one mode of operation and information retrieval shall be provided in an enhanced auditory fashion, or support for assistive hearing devices shall be provided.
(e) At least one mode of operation and information retrieval that does not require user speech shall be provided, or support for assistive technology used by people with disabilities shall be provided.
(f) At least one mode of operation and information retrieval that does not require fine motor control or simultaneous actions and that is operable with limited reach and strength shall be provided. Subpart D, 1194.41 Information, Documentation, and Support
(a) Product support documentation provided to end-users shall be made available in alternate formats upon request, at no additional charge.
(b) End-users shall have access to a description of the accessibility and compatibility features of products in alternate formats or alternate methods upon request, at no additional charge.
(c) Support services for products shall accommodate the communication needs of end-users with disabilities
PART 4 - PACKING, MARKING AND SHIPPING
All deliverables required under this contract shall be packaged, marked and shipped in accordance with Government specifications. At a minimum, all deliverables shall be marked with the contract/order number and contractor name. The contractor shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition.
PART 5 - INSPECTION AND ACCEPTANCE
The Project Officer will perform inspection and acceptance of equipment and services to be provided. The Project Officer - to be determined upon contract award - is the authorized representative of the Contracting Officer.
PART 6 - DELIVERIES OR PERFORMANCE
Deliveries required by the contractor shall be made F.O.B. destination within 10 days from receipt of the award of order to the addresses/addressees listed below:
FDA-OCI7500 Standish Place, Room 250N Rockville, MD 20855
Unless otherwise specified, deliveries shall be made to the Delivery Point specified above on Monday through Friday between 8:00 AM and 4:30 PM local time. Supplies or services scheduled for delivery on a Federal holiday shall be made the next business day.
Period of Performance:FDA anticipates awarding a one (1) year base award with four (4) option periods.
PART 7 - CONTRACT ADMINISTRATION DATA
The following personnel will represent the Government for the purpose of this contract:
James Whitt5630 Fishers LaneRockville, MD 20857James Whitt@fda.hhs.gov240-402-7627
Project Officer/COR TBD
The following Contract Specialist is the point of contact for this solicitation:
Taye Tebo5630 Fishers LaneRockville, MD 20857Taye.Tebo@fda.hhs.gov240-402-7638
FDA Invoice Requirements:
FDA THREE-WAY-MATCHING INVOICE CLAUSE
A. THE CONTRACTOR SHALL SUBMIT ONE (1) ORIGINAL COPY OF EACH INVOICE TO THE ADDRESS SPECIFIED BELOW:
Office of Financial Services Food and Drug Administration 10903 New Hampshire Ave WO32 - Second Floor MAIL HUB 2145 Silver Spring, MD 20993-0002 Attn: Vendor Payments 301.827.3742 or email@example.com
B. Invoices submitted under this contract must comply with the requirements set forth in FAR Clauses 52.232-25 (Prompt Payment) and 52.232-33 (Payment by Electronic Funds Transfer / System for Award Management) and/or other applicable FAR clauses specified herein. To constitute a proper invoice, the invoice must be submitted on company letterhead and include each of the following:(I) Name and address of the contractor;
(ii) Invoice date and invoice number;
(iii) Purchase order/award number;
(iv) Description, quantity, unit of measure, unit price, and extended price supplies delivered or services performed, including: (a) period of performance for which costs are claimed; (b) itemized travel costs, including origin and destination;(c) any other supporting information necessary to clarify questionable expenditures;(d) The contractor shall include the Contract Line Item/Funding line item number for each description, quantity, unit of measure, unit price, and extended price supplies delivered or services performed
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent (must be the same as that in the purchase order/award, or in a proper notice of assignment);
(viii) Name, title, and phone number of person to notify in event of defective invoice;
(ix) Taxpayer identification number (TIN);
(x) Electronic funds transfer (EFT) banking information, including routing transit number of the financial institution receiving payment
(xi) Name and telephone number of the FDA Contracting Officer (CO) and the Contracting Officer's Representative (COR) or other program center/office point of contact, as referenced on the order/contract;
(xii) Any other information or documentation required by the purchase order/award.
C. An electronic invoice shall be in adobe acrobat (PDF) format. All items listed in (i) through (xii) of this clause must be included in the electronic invoice. Electronic invoices must be on company letterhead and must contain no ink changes and be legible for printing.
D. Questions regarding invoice payments should be directed to the FDA Payment Office at:
Food and Drug Administration/ Office of Financial Services,10903 New Hampshire Ave WO32 - Second Floor, MAIL HUB 2145 Silver Spring, MD 20993-0002 Attn: Vendor PaymentsPhone 301-827-ERIC (3742)
INVOICES SUBMITTED UNDER THIS CONTRACT MUST COMPLY WITH THE REQUIREMENTS SET FORTH IN FAR CLAUSES 52.232-25 (PROMPT PAYMENT) AND 52.232-33 (PAYMENT BY ELECTRONIC FUNDS TRANSFER. SYSTEM FOR AWARD MANAGEMENT (SAM) DATABASE) AND/OR OTHER APPLICABLE FAR CLAUSES SPECIFIED HEREIN.
PART 8 - SPECIAL CONTRACT REQUIREMENTS
Workplace is not available on the Government Holidays stated below, or as prescribed by an Executive Order (EO) or OPM.gov due to inclement weather.
January (New Year's Day)January (Martin Luther King Day)February (President's Day)May (Memorial Day)July (Independence Day)September (Labor Day)October (Columbus Day)November (Veterans Day)November (Thanksgiving)December (Christmas Day)
PART 9 - CONTRACT CLAUSES 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): https://acquisition.gov/far/52.212-4 - Contract Terms and Conditions - Commercial Items (May 2015)
52.232-40 - Providing Accelerated Payments to Small Business Subcontractors (Dec. 2013)(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.FAR Clauses in Full Text
52.211-6 Brand Name or Equal (Aug 1999)
(a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation.
(b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must-
(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation; (2) Clearly identify the item by-(i) Brand name, if any; and(ii) Make or model number;(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.(c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.(d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation.
52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Jun. 2016)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 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:__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) [Reserved].__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). __ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note). __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). __ (10) [Reserved].__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (ii) Alternate I (Nov 2011) of 52.219-3. __ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (ii) Alternate I (JAN 2011) of 52.219-4. __ (13) [Reserved]_X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). __ (ii) Alternate I (Nov 2011).__ (iii) Alternate II (Nov 2011).__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. __ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Oct 2014) of 52.219-9. __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). __ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). __ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). _X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). __ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). _X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). _X_ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). __ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212). __ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). __ (31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212). _X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). __ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). __ (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (35)(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.) __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-13. __ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14. __ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. _X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). _X_ (41) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __ (42)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. __ (ii) Alternate I (May 2014) of 52.225-3. __ (iii) Alternate II (May 2014) of 52.225-3. __ (iv) Alternate III (May 2014) of 52.225-3. __ (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _X_ (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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:
__ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). __ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). __ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495). __ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). __ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p) (1)). __ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d) (2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). (vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212) (viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (ix) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (x) _X_(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). __(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). (xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). (xiii) 52.222-54, Employment Eligibility Verification (AUG 2013). (xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658). (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
352.239-74 Electronic Information and Technology Accessibility (Dec. 2015)
PART 10 - SOLICITATION PROVISIONS
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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
52-212-1 - Instructions to Offerors - Commercial Items (Oct. 2015)52.212-2 - Evaluation -- Commercial Items (Oct. 2014)
PART 11- INSTRUCTIONS TO THE OFFERORS
The provision 52.212-1 incorporated above is tailored as follows. QUOTATIONS are due 09/02/2016 at 11:00 a.m. (Eastern Time). Send via email in native (Word/Excel) and PDF format to the Contract Specialist, Taye Tebo (Taye .Tebo@fda.hhs.gov). Send any QUESTIONS, via email, to the Contract Specialist no later than 08/31/2016 at 1:00 p.m. (Eastern Time). If OR EQUAL items are proposed, the Vendor shall provide product specifications for those items proposed. All web-portal resources proposed (whether brand name listed or OR EQUAL items proposed) must satisfy the functional requirements/salient characteristics set forth in the "Items Required" section, above. If a vendor proposes an "or equal" product, the vendor must demonstrate that the "or equal" solution will provide the same tools and information required by OCI IAB's end users as specified in the above scope of work.
SAM: All interested offerors shall be registered in the System for Award Management (SAM), if the offeror is not registered in SAM, please visit https://www.sam.gov . Your will need your Tax ID, DUNS Number and banking information. Vendors who are not registered in SAM will not be eligible for award.
Quotes shall be valid until the end of the fiscal year, September 30, 2016.
PART 12 - GENERAL EVALUATION INFORMATION:
FDA is purchasing this software on a "Brand Name or Equal" basis and the salient characteristics have been provided. In order to be considered an "equal" solution, any alternative solution proposed must satisfy all of the above salient functional characteristics. Each alternate component proposed shall demonstrate that the performance and security of the proposed solution is equivalent to West Publishing CLEAR Web-based database
The provision 52.212-2 incorporated above is completed as follows. FDA will evaluate quotes received in response to this RFQ on using the low-price-technically-acceptable (LPTA) methodology. To be determined "Technically Acceptable" the offeror must meet or exceed all salient characteristics. The proposal must outline all characteristics of the statement of work. FDA will make the award to the offeror whose proposed equipment meets all salient characteristics and whose overall price is the lowest.