FOIA Workflow as a Service (FWaaS) Platform

Update: September 1, 2020 1. Revised Request for Proposal - 70RDAD20R00000014_1SEP2020, issued under Amendment # 0003 is attached. 2. Responses to Vendor Questions for Clarifiation are attached. ******************************************************************************************************** Update: August 25, 2020 - Revised Proposal Due Date for Request for Proposal (RFP) 70RDAD20R00000014. See posted amendment 0002 attached [File Name: 70RDAD20R00000014_SF30_0002] ******************************************************************************************************** Update: August 24, 2020 - Revised Proposal Due Date for Request for Proposal (RFP) 70RDAD20R00000014. See posted amendment 0001 attached [File Name: 70RDAD20R00000014_SF30_0001] ******************************************************************************************* Update: August 13, 2020 - The proposals due date has been extended to August 25, 2020. Proposals should be received no later than 4:00pm EDT. Also, responses to Offerors questions have been posted in the Attachment section. ***Please Note*** The applicable RFP attached access rights is not controlled. Please refer to the latest updated version and attachment. (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Proposals are being requested and a written solicitation will not be issued. The Government intends to award a Firm-Fixed Price Contract under Simplified Acquisition Procedures (SAP) using FAR Part 13 to the responsible Offeror whose quotation conforming to this synopsis/solicitation will offer the best value to the Government, price and other factors considered. (ii) Combined/Synopsis Solicitation Number is 70RDAD20R00000014 for a FOIA management and electronic discovery platform. (iii) This RFP and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2020-06. (iv) This acquisition is not set-aside for small business. (v) The Contract Line Item Numbers (CLINS), Description, Unit Price, and Quantities are: See Attachment A (Statement of Work). The anticipated date for contract award is on or about September 4, 2020. (vi) The Contract shall provide a FOIA management and electronic discovery system in support of the Department of Homeland Security (DHS), Privacy Office (PRIV). (vii) The period of performance consists of a 12-month base year after award and four (4) 12-month option periods to be exercised at the discretion of the Government. Place of Performance: This is a cloud-based service - the place of performance is virtual/remote. (viii) The provision at Federal Acquisition Regulation (FAR) 52.212-1, Instructions to Offerors - Commercial applies to this acquisition. The following addendum has been attached to this provision: Offerors' submission must include the following information: DUNS Number; Primary Point of Contact Name; Primary Point of Contact Phone Number; Primary Point of Contact Email; and Complete Business Mailing Address. Each Offeror shall complete and submit Attachment A (Schedule of CLINS) with their offer. Offerors SHALL detail exactly what they are offering. Any Proposal in which material information requested is not furnished, or where indirect or incomplete answers or information are provided may be considered not acceptable for evaluation. (ix) The provision at FAR 52.212-1, Instructions to Offerors - Commercial (Jun 2020) applies to this acquisition. See attached Addendum. (x) The FAR provision at 52.212-2, Evaluation - Commercial Items applies to this acquisition. See attached addendum. (xi) FAR 52.212-3 Offeror Representations and Certifications-Commercial Items. The Offeror shall complete their representations and certifications through the System for Award Management and provide verification with their quotation submission. The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision. (xii) The clause at FAR 52.212-4, Contract Terms and Conditions'Commercial Items (Oct 2018) applies to this acquisition. The following addenda has been attached to this clause: Addendum to FAR 52.212-4 Invoices shall be emailed to InvoiceMGT.Consolidation@ice.dhs.gov with a courtesy going to the COR, Contracting Officer and Contract Specialist. (xiii) The FAR clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders'Commercial Items (Jun 2020), applies to this acquisition. Additional FAR clauses cited in this clause that are applicable to this acquisition include: 52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) Alternate I (Oct 1995) , 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 52.204-14 Service Contract Reporting Requirements (Oct 2016) 52.222-3 Convict Labor (Jun 2003) 52.222-19 Child Labor-Cooperation with Authorities and Remedies (Jan 2020) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (Sep 2016) 52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020) 52.222-37 Employment Reports on Veterans 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-41 Service Contract Labor Standards (Aug 2018) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) 52.222-50 Combating Trafficking in Persons (Jan 2019) 52.222-54 Employment Eligibility Verification (Oct 2015) 52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) 52.224-3 Privacy Training (Jan 2017) 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) 52.239-1 Privacy or Security Safeguards. FAR 52.204-7 System for Award Management, 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards, 52.204-13 System for Award Management Maintenance, 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (xiv) Additional clauses and terms and conditions that apply to this acquisition include: 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation (Nov 2015) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) Homeland Security Acquisition Regulation (HSAR) Clauses and Provisions and other Terms and Conditions: 3052.203-70 Instructions for Contractor Disclosure of Violations (Sep 2012) 3052.205-70 Advertisements, Publicizing Awards, and Releases (Sep 2012) 3052.209-70 Prohibition on Contracts With Corporate Expatriates (Jun 2006) 3052.209-72 Organizational Conflict of Interest (Jun 2006) 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items (Sep 2012) 3052.215-70 Key Personnel or Facilities (Dec 2003) 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work (Dec 2003) 3052.228.70 Insurance (Dec 2003) 3052.242-72 Contracting Officer's Technical Representative (Dec 2003) The following clauses apply to this acquisition and are included via full text; 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Jun 2020) (a)This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and Federal Acquisition Regulation (FAR) 3.908. (b)The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section FAR 3.908. (c)The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award. (End of clause) 52.204-23 Prohibition on Contracting for Hardware, Software, And Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (a) Definitions. As used in this clause Covered article means any hardware, software, or service that (1)Is developed or provided by a covered entity; (2)Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or (3)Contains components using any hardware or software developed in whole or in part by a covered entity. Covered entity means (1)Kaspersky Lab; (2)Any successor entity to Kaspersky Lab; (3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or (4) Any entity of which Kaspersky Lab has a majority ownership. (b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from (1) Providing any covered article that the Government will use on or after October 1, 2018; and (2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract. (c) Reporting requirement. (1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil. (2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause: (i)Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii)Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles. (d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items. (End of clause) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019) (a) Definitions. As used in this clause Covered foreign country means The People's Republic of China. Covered telecommunications equipment or services means Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (3) Telecommunications or video surveillance services provided by such entities or using such equipment; or (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Critical technology means (1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations; (2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled- (i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or (ii) For reasons relating to regional stability or surreptitious listening; (3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities); (4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material); (5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or (6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817). Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service. (b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104. (c) Exceptions. This clause does not prohibit contractors from providing (1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause (i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items. 52.217-8 Option to Extend Services - 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 - (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 66 months. (End of Clause). Full text of FAR clauses and provisions incorporated by reference can be found at www.acquisition.gov. (xv) Rating under the Defense Priorities and Allocations System (DPAS) - N/A. (xvi) Any requests for additional information or explanations concerning this document must be received via email to the point of contacts noted below no later than 10:00 a.m. Eastern Standard Time on Wednesday, August 12, 2020. In order to receive responses to questions, Offerors must cite the section, paragraph number, and page number. Proposals are due no later than Tuesday, August 18, 2020 - 10:00 a.m. EST and must be submitted electronically (via email) to the individuals noted in section - xvii below. Electronic copies shall be formatted using Microsoft Office Version 2003 or later. The Government will accept PDF. However, the size of an individual PDF file will not exceed 5 MB. A separate solicitation document is not available. (xvii) For more information regarding this Solicitation please contact Janice Brinkley, Contracting Officer, (202) 447-0884 /Janice.Brinkley@hq.dhs.gov or Akilah Bullock, Contract Specialist, (202) 447-0954 / Akilah.Bullock@hq.dhs.gov.