SOLICITATION, OFFER AND AWARD 2. CONTRACT NUMBER RATING 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 7900) 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION PAGE OF 1 5. DATE ISSUED PAGES 60 6. REQUISITION/PURCHASE NUMBER SEALED BID (IFB) TBD HSCEDM-15-R-00006 7. ISSUED BY CODE 04/02/2015 NEGOTIATED (RFP) ICE/DCR 8. ADDRESS OFFER TO (If other than item 7) William Quigley 5750 (Proposal Included) 801 I Street, NW Suite 930 WASHINGTON DC 20536 US Immigration and Customs Enforcement NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder". SOLICITATION 9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time (Date) (Hour) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation. B. TELEPHONE (NO COLLECT CALLS) A. NAME C. E-MAIL ADDRESS 10. FOR AREA CODE NUMBER EXTENSION INFORMATION William Quigley CALL: 202 william.quigley@ice.dhs.gov 7322120 11. TABLE OF CONTENTS (X) DESCRIPTION SEC. PAGE(S) (X) A SOLICITATION/CONTRACT FORM B SUPPLIES OR SERVICES AND PRICES/COSTS C DESCRIPTION/SPECS./WORK STATEMENT D PACKAGING AND MARKING E INSPECTION AND ACCEPTANCE F DELIVERIES OR PERFORMANCE PAGE(S) DESCRIPTION SEC. PART II - CONTRACT CLAUSES PART I - THE SCHEDULE CONTRACT CLAUSES I PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH. J LIST OF ATTACHMENTS K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS PART IV - REPRESENTATIONS AND INSTRUCTIONS G CONTRACT ADMINISTRATION DATA L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS H SPECIAL CONTRACT REQUIREMENTS M EVALUATION FACTORS FOR AWARD OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period. 12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule. 10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) 13. DISCOUNT FOR PROMPT PAYMENT CALENDAR DAYS(%) (See Section I, Clause No. 52.232-8) 14. ACKNOWLEDGMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated): AMENDMENT NO. DATE 15A. NAME AND ADDRESS OF OFFEROR 15B. TELEPHONE NUMBER AREA CODE NUMBER EXTENSION DATE 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) FACILITY CODE AMENDMENT NO. 15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM ABOVE - ENTER SUCH ADDRESS IN SCHEDULE. 17. SIGNATURE 18. OFFER DATE AWARD (To be completed by Government) 19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION: 10 U.S.C. 2304 (c) 41 U.S.C. 3304(a) ( ) 21. ACCOUNTING AND APPROPRIATION ITEM 23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified) 24. ADMINISTERED BY (If other than Item 7) 25. PAYMENT WILL BE MADE BY 26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA CODE 28. AWARD DATE William J. Quigley Contracting Officer (Signature of Contracting Officer) IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice. AUTHORIZED FOR LOCAL REPRODUCTION Previous edition is unusable STANDARD FORM 33 (REV. 6/2014) Prescribed by GSA - FAR (48 CFR) 53.214 (c) CONTINUATION SHEET PAGE REFERENCE NO. OF DOCUMENT BEING CONTINUED HSCEDM-15-R-00006 OF 60 2 NAME OF OFFEROR OR CONTRACTOR ITEM NO. SUPPLIES/SERVICES (A) (B) QUANTITY UNIT (C) (D) UNIT PRICE (E) AMOUNT (F) SPECIAL NOTE TO OFFERORS (1): The offerors attention is drawn to the special notes/ instructions at the beginning of Section L-Instructions, Conditions, and Notices to Bidders, Offerors, or Quoters. Please use the format described in Section L to submit your proposal. PRICING Instructions: The offeror should provide all necessary labor, materials, and equipment to meet the requirements in Section C of this document. The price submitted below should include all charges or fees associated with providing service (ie. set up/activation, additions, processing, deletion/ termination, etc.). The Offeror is required to submit a price for the base and all option periods. The quantities provided in Section B will encompass the full potential number of licenses the contractor is responsible for providing to the Government. The contract ceiling will be the cumulative price of all CLINS referenced in Section B for any contract period (base or any exercised option year.) The Government reserves the right to exceed the number of licenses within the overall contract annual ceiling. A task order or multiple task orders, depending on when the need arises, will be issued against the resultant contract on an annual basis. 0001 Base Year- Price for each user when the government orders between 1-500 subscriptions. The Government guarantees that it will spend a minimum of $10,000.00 in the base year. Product/Service Code: T099 Product/Service Description: PHOTO/MAP/PRINT/PUBLICATION- OTHER Period of Performance: 05/15/2015 to 05/14/2016 0002 Base Year- Price for each user when the government orders between 501-1000 subscriptions. The Government guarantees that it will spend a minimum of $10,000.00 in the base year. Product/Service Code: T099 Product/Service Description: PHOTO/MAP/PRINT/PUBLICATION- OTHER Period of Performance: 05/15/2015 to 05/14/2016 1000 EA 0003 Base Year- Price for each user when the Continued ... 1500 EA NSN 7540-01-152-8067 500 EA OPTIONAL FORM 336 (4-86) Sponsored by GSA FAR (48 CFR) 53.110 CONTINUATION SHEET PAGE REFERENCE NO. OF DOCUMENT BEING CONTINUED HSCEDM-15-R-00006 OF 60 3 NAME OF OFFEROR OR CONTRACTOR ITEM NO. SUPPLIES/SERVICES (A) (B) QUANTITY UNIT (C) (D) UNIT PRICE (E) AMOUNT (F) government orders between 1001-1500 subscriptions. The Government guarantees that it will spend a minimum of $10,000.00 in the base year. Product/Service Code: T099 Product/Service Description: PHOTO/MAP/PRINT/PUBLICATION- OTHER Period of Performance: 05/15/2015 to 05/14/2016 0004 Base Year- Price for each user when the government orders between 1501-2000 subscriptions. The Government guarantees that it will spend a minimum of $10,000.00 in the base year. Product/Service Code: T099 Product/Service Description: PHOTO/MAP/PRINT/PUBLICATION- OTHER Period of Performance: 05/15/2015 to 05/14/2016 0005 Option Year 1 Price for each user when the government orders between 1-500 subscriptions. The Government does not have a guarantee for this option year. (Option Line Item) Product/Service Code: T099 Product/Service Description: PHOTO/MAP/PRINT/PUBLICATION- OTHER Period of Performance: 05/15/2016 to 05/14/2017 500 EA 0006 Option Year 1 Price for each user when the government orders between 501-1000 subscriptions. The Government does not have a guarantee for this option year. (Option Line Item) Product/Service Code: T099 Product/Service Description: PHOTO/MAP/PRINT/PUBLICATION- OTHER Period of Performance: 05/15/2016 to 05/14/2017 1000 EA 0007 Option Year 1 Price for each user when the government orders between 1001-1500 subscriptions. The Government does not have a guarantee for this option year. (Option Line Item) Product/Service Code: T099 Product/Service Description: PHOTO/MAP/PRINT/PUBLICATION- OTHER Period of Performance: 05/15/2016 to 05/14/2017 1500 EA 0008 Option Year 1 Price for each user when the Continued ... 2000 EA NSN 7540-01-152-8067 2000 EA OPTIONAL FORM 336 (4-86) Sponsored by GSA FAR (48 CFR) 53.110 CONTINUATION SHEET PAGE REFERENCE NO. OF DOCUMENT BEING CONTINUED HSCEDM-15-R-00006 OF 60 4 NAME OF OFFEROR OR CONTRACTOR ITEM NO. SUPPLIES/SERVICES (A) (B) QUANTITY UNIT (C) (D) UNIT PRICE (E) AMOUNT (F) government orders between 1501-2000 subscriptions. The Government does not have a guarantee for this option year. (Option Line Item) Product/Service Code: T099 Product/Service Description: PHOTO/MAP/PRINT/PUBLICATION- OTHER Period of Performance: 05/15/2016 to 05/14/2017 0009 Option Year 1 Price for each user when the government orders between 2001-2500 subscriptions. The Government does not have a guarantee for this option year. (Option Line Item) Product/Service Code: T099 Product/Service Description: PHOTO/MAP/PRINT/PUBLICATION- OTHER Period of Performance: 05/15/2016 to 05/14/2017 2500 EA 0010 Option Year 1 Price for each user when the government orders between 2501-3000 subscriptions. The Government does not have a guarantee for this option year. (Option Line Item) Product/Service Code: T099 Product/Service Description: PHOTO/MAP/PRINT/PUBLICATION- OTHER Period of Performance: 05/15/2016 to 05/14/2017 3000 EA 0011 Option Year 2 - Price for each user when the government orders between 1-500 subscriptions. The Government does not have a guarantee for this option year. (Option Line Item) Product/Service Code: T099 Product/Service Description: PHOTO/MAP/PRINT/PUBLICATION- OTHER Period of Performance: 05/15/2017 to 05/14/2018 500 EA 0012 Option Year 2 - Price for each user when the government orders between 501-1000 subscriptions. The Government does not have a guarantee for this option year. (Option Line Item) Product/Service Code: T099 Product/Service Description: PHOTO/MAP/PRINT/PUBLICATION- OTHER Period of Performance: 05/15/2017 to 05/14/2018 1000 EA 0013 Option Year 2 - Price for each user when the Continued ... 1500 EA NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86) Sponsored by GSA FAR (48 CFR) 53.110 CONTINUATION SHEET PAGE REFERENCE NO. OF DOCUMENT BEING CONTINUED HSCEDM-15-R-00006 OF 60 5 NAME OF OFFEROR OR CONTRACTOR ITEM NO. SUPPLIES/SERVICES (A) (B) QUANTITY UNIT (C) (D) UNIT PRICE (E) AMOUNT (F) government orders between 1001-1500 subscriptions. The Government does not have a guarantee for this option year. (Option Line Item) Product/Service Code: T099 Product/Service Description: PHOTO/MAP/PRINT/PUBLICATION- OTHER Period of Performance: 05/15/2017 to 05/14/2018 0014 Option Year 2 - Price for each user when the government orders between 1501-2000 subscriptions. The Government does not have a guarantee for this option year. (Option Line Item) Product/Service Code: T099 Product/Service Description: PHOTO/MAP/PRINT/PUBLICATION- OTHER Period of Performance: 05/15/2017 to 05/14/2018 2000 EA 0015 Option Year 2 - Price for each user when the government orders between 2001-2500 subscriptions. The Government does not have a guarantee for this option year. (Option Line Item) Product/Service Code: T099 Product/Service Description: PHOTO/MAP/PRINT/PUBLICATION- OTHER Period of Performance: 05/15/2017 to 05/14/2018 2500 EA 0016 Option Year 2 - Price for each user when the government orders between 2501-3000 subscriptions. The Government does not have a guarantee for this option year. (Option Line Item) Product/Service Code: T099 Product/Service Description: PHOTO/MAP/PRINT/PUBLICATION- OTHER Period of Performance: 05/15/2017 to 05/14/2018 Please note the following: 1. The Government agrees to order a minimum of $10,000.00 during the base year. 3000 EA NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86) Sponsored by GSA FAR (48 CFR) 53.110 HSCEDM-15-R-00006 Page 6 of 60 PART I – SCHEDULE SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS B.1 PRICING SCHEDULE (a) The contractor shall provide a fixed price for each CLIN (see pricing section of SF-33). (b) The Government will order and the contractor shall provide the stated minimum quantity of services as described in Section C6, Guaranteed Minimums. (c) All fixed unit price per subscriber rates shall apply for the duration of each period of performance. (1) The following definitions shall apply to the pricing information section below: a. Fixed unit price per range of subscriptions. The fixed unit price shall include all direct costs, indirect costs, and profit necessary to meet the requirement in accordance with Section C. HSCEDM-15-R-00006 Page 7 of 60 PART I – SCHEDULE SECTION C –Statement of Work Access to License Plate Reader Commercial Data Service C.1. INTRODUCTION AND BACKGROUND. The intent of this Statement of Work (SOW) is to describe ICE’s law enforcement offices operational requirements to obtain query-based access to a commercially available License Plate Reader (LPR) database. A commercial LPR database stores recorded vehicle license plate numbers from cameras equipped with license plate reader technology. Records are uploaded into the system from a variety of governmental and private sources including, but not limited to, access control systems such as toll road or parking lot cameras, vehicle repossession companies, and law enforcement agencies. Licenses to access the commercial database are sold to commercial consumers as well as to law enforcement agencies. ICE is neither seeking to build nor contribute to any public or private LPR database. ICE will use LPR information obtained in response to queries of the commercial database to further its criminal law enforcement and civil immigration enforcement missions. ICE law enforcement personnel will query the LPR database using known license plate numbers associated with the aliens who are immigration enforcement priorities, based on investigative leads, to determine where and when the vehicle has traveled within a specified period of time. The results of the queries can assist in identifying the location of aliens who are immigration enforcement priorities, to include aliens with certain criminal convictions, absconders, illegal re-entrants and those that pose a public safety or national security risk. ICE will also use LPR information obtained from the commercial database to further its criminal law enforcement mission, which includes investigations related to national security, illegal arms exports, financial crimes, commercial fraud, human trafficking, narcotics smuggling, child pornography, and immigration fraud. For example, use of LPR data in this context could help to identify the location of an investigative target or person of interest, or help track a vehicle that may be involved in illegal activity, such as smuggling. Use of this data is expected to enhance officer and public safety by allowing arrests to be planned at locations that minimize the potential for injury (e.g., away from a subject’s residence if there are suspected to be children or weapons in the home). Use of this data is also expected to create a cost savings to the government by reducing the work-hours required for physical surveillance. C2. Objective To provide constant (24 hour, seven days per week) access to a commercially available, query-based LPR database for ICE law enforcement personnel at ICE offices across the United States in the execution of their official law enforcement duties. C3. Scope This contract applies only to a query-based LPR database service for ICE. C4. Performance Requirements The vendor provides: Data Service Content/Scope • The LPR data service shall contain LPR records from a variety of sources across the United States, such as toll road or parking lot cameras, vehicle repossession companies, and law enforcement agencies. • The LPR data service shall include substantial unique LPR detection records. • The LPR data service shall compile LPR records from all States and all the thirty (30) most populous metropolitan statistical areas within the United States to the extent that collection of LPR data is authorized by law in those locations. HSCEDM-15-R-00006 o Page 8 of 60 A metropolitan statistical area is defined as: a geographical region with a relatively high population density at its core and close economic ties throughout the area as defined by the Office of Management and Budget (OMB) and used by the Census Bureau and other federal government agencies for statistical purposes. • The LPR data service provider shall demonstrate the number of new unique records that were added to the commercially available LPR database each month for the last consecutive twelve (12) months. • The LPR data service shall make available at least 30 million new unique LPR data records each month. • The vendor shall have a history of at least five (5) years of providing similar LPR data services and/or products to law enforcement agencies. • The vendor shall already be providing similar services to other law enforcement agency customers. User Management and Support The vendor shall provide: • Written instructions and guidance to facilitate use of system. • The ability to compare new user requests with lists of personnel authorized by ICE to use the vendor system. • Automatic verification of accounts with the ability to audit by using the user’s Originating Agency Identifier (ORI) to be matched against a current real-time list of active ORI numbers provided directly or indirectly by the National Law Enforcement Telecommunication System (NLETS). • The ability to add new users or delete existing users within 24 hours of ICE’s request. • Initial training to orient personnel to the use of their system, including “Help Desk” support related to the use, access, and maintenance of the system. • System training and “Escalation Procedures” for agency manager and shall include procedures for resetting passwords. • Unlimited technical support to each user. • Periodic or as needed updates to the web interface and mobile application. The vendor will employ appropriate technical, administrative, and physical security controls to protect the integrity, availability, and confidentiality of the data resident in its system. Functional Requirements Query Capabilities • Before a user is able to perform a query from the main system or mobile application, the system must display upon logon a splash screen that describes the agency’s permissible uses of the system and data, and requires the user to affirmatively consent to these rules before proceeding further. o The splash screen will appear at each logon event. o The text on the splash screen shall also be available to the users via a hyperlink within the main system interface (including any mobile app interface). o The agency will provide the language for the splash screen content. • All queries of the LPR data service shall be based on a license plate number queried by the user, and the data returned in response must be limited to matches of that license plate number only within the specified period of time. HSCEDM-15-R-00006 Page 9 of 60 • The system will not permit user queries of the data service unless a license plate number is entered. • The query interface will include a drop-down field for users to select a reason code for the query from a pre-populated list. The specific reason codes will be provided by ICE. This field is mandatory for conducting a query. • The query interface will require a user to identify whether the user is entering data for him or herself or for another individual. If the user is entering data for another individual, the query interface will require the user to enter the name of the other individual. • The query interface will include a free-text field of at least 255 characters for user notes. This will allow for additional information that will assist ICE in referencing the specific case for which the query was performed. Completing this field shall be mandatory for conducting a query. • The system will have the capability to limit the query by time frame to allow users to comply with agency policy. Depending on the type of investigation being conducted, agency policy will allow the user to query the historical LPR detection records for only a certain period of time (e.g., going back 5 years from the date of query for any immigration investigation). o The query interface will have a field for the user to select or input the appropriate timeframe for the query. o The system will display results only for LPR detection records within that timeframe (e.g., only for the last 5 years). o The system shall not run a query that lacks a time frame entered by the user. • The vendor shall guarantee the results of queries meet a high degree of accuracy in datasets, with a margin of error not more than 2%. • To ensure accuracy of information, the response to a query must include at least two photos on all hits. o Photos must be of sufficient quality to allow the user to visually confirm the license plate and vehicle make/model in the photo are the same as what is represented in the vendor system. o Query results must seamlessly integrate with web-based interactive maps. The printable report should show two different map views, nearest address, nearest intersection and coordinates. o The vendor shall provide a notification mechanism in the event ICE users identify photographs that do not match the data in their system (license plate numbers or make/model mismatches). The vendor shall address all erroneous data. • The vendor will not use any information provided by the agency (query data) for its own purposes or share the information with other customers, business partners, or any other entity. • The vendor will not use ICE’s queries (the license plate numbers input into the system) for its commercial purposes. The vendor will only use the queries submitted by ICE to maintain an audit log. • The vendor will ensure ICE user queries are conducted anonymously to ensure other individuals or entities that use the LPR service (whether a law enforcement agency, commercial entity, or otherwise) are not able to identify that ICE is investigating a license plate. Alert List Capabilities • The LPR data service shall provide an “Alert List” feature that will save license plates numbers to query them against new records loaded into the vendor’s LPR database on an on-going basis. Any matches will result in a near real-time notification to the user who queried the license plate number. • The LPR data service Alert List will provide capabilities to share Alert List notifications between ICE users involved in the investigation. HSCEDM-15-R-00006 Page 10 of 60 • The Alert List feature will: 1) Automatically match new incoming detection records to user-uploaded or entered Alert Lists containing the license plate numbers of interest in the investigation; 2) Send an email notification to the user originating such Alert List records and to any ICE user that has been shared the Alert List indicating there is a license plate match to new records in the system; and 3) Provide within the LPR system for download a PDF case file report for the match (with maps, vehicle images, and all pertinent detection & Alert List record information) for each email alert notification. The notification must be able to be limited to the user or a user group of ICE law enforcement officers involved in the specific investigation. The notification will comply with all applicable laws, including the Driver’s Privacy Protection Act of 1994, 18 U.S.C. §§ 2721-2725. • The LPR data service will allow specifically designated users to batch upload a maximum of 2,500 license plate records into the “Alert List”. The batch upload will be in the form of a single comma separated variable (CSV) file with data fields to include, but not limited to the following: Plate number; State of Registration; Vehicle Year, Make, Model & Color; reason code and an open text field, of at least 255 characters, for a user note to assist in referencing the specific purpose / investigation / operation for which the query was performed. • The vendor will provide the ability to establish Alert List submissions, flag license plates for deconfliction, and perform searches, all conducted anonymously, to ensure other individuals or entities that use the LPR service (whether a law enforcement agency, commercial entity, or otherwise) are not able to identify that ICE is investigating a license plate. • License plate pictures taken with the automated Optical Character Recognition (OCR) plate number translation shall be submitted to the LPR data service system for matching with license plates on any current ICE Alert List. Any positive matches shall return to the iOS application (identified below) alerting authorized users of a positive match. These pictures will be uploaded into the data service query by an authorized ICE user along with any mandatory information needed for a normal query. • Each license plate number on an Alert List will be valid for one year unless the user removes it before expiration. If determined to be cost feasible, the system will prompt users two weeks prior to expiration and require the user to affirmatively indicate that there continues to be an operational requirement to keep the particular license plate entry on the Alert List active, or be given the option to delete the license plate from the Alert List. Prompts should continue periodically until the expiration date is reached. The system will grant the user an additional week after expiration to renew the entry in the Alert List. If the user does not renew, the system shall remove the license plate number from the Alert List. • All Alert List activity shall be audited to capture user name, date and time, reason code, and user note associated with the query, as well as license plate number entry, deletion, renewal, and expiration from the alert list. • The vendor shall not retain any data entered onto an Alert List except as part of the audit trail once the entry has expired per the process described above, or once the user has deleted the entry from the Alert List. Mobile Device Capabilities • The LPR data service shall feature an iOS-compatible mobile application that allows authorized ICE users to: o Query the LPR data service by entering the license plate number, state of registration, reason code, and the ability to add returned positive matches into the Alert List. o Have quick access and recall of any queries and Alert Lists associated with the user or designated user group. The vendor application will delete any saved data on the mobile device after 60 days, if not already deleted manually by the user. HSCEDM-15-R-00006 o • Page 11 of 60 Provide capabilities to share Alert List notifications between ICE users involved in the investigation. The mobile application will conform to all other performance requirements identified in the SOW. Audit and Reporting Capabilities • The vendor shall generate an immutable audit log in electronic form that chronicles the following data: o Identity of the user initiating the query or the person on whose behalf the query is initiated, if different; o Exact query entered, to include license plate number, date limitations, geographic limitations (if applicable), reason code, and any other data selected or input by the user; o Date and time of query; and o Results of the query. • All Alert List activity shall be audited to capture user name, date and time, reason code, and user note associated with the query, as well as license plate number entry, deletion, renewal, and expiration from the alert list. • The vendor shall provide to ICE user audit reports upon request. Audit reports shall contain the audit log information of a given user(s) for the specified period of time. The vendor shall provide the audit log in electronic form via secure transmission to ICE promptly upon request. The format of the audit log shall allow for ICE to retrieve user activity by user name (or ID), query entered (e.g., particular license plate) and date/time. The exact technical requirements and format for the audit log will be negotiated after contract award. • The vendor shall promptly cooperate with an ICE request to retrieve and provide a copy of the actual records retrieved from the LPR data service in response to a particular query, or any other data relevant to user activity on the vendor system, for purposes of the agency’s internal investigations and oversight. • The vendor shall not use audit trail data for any purpose other than those specified and authorized in this contract. • The vendor is to provide quarterly, or upon request, statistics based on positive hits against the number of requested searches and hit list. • The audit logs specified in this statement of work are records under the Federal Records Act. The vendor shall maintain these records on behalf of ICE throughout the life of the contract, but for no more than seven (7) years. The vendor is not authorized to share these records, or the Alert List data, with any outside entities including other law enforcement agencies. At the end of the contract, the vendor shall extract, transfer, and load these records (including any still-active Alert List data, if requested by ICE) to another storage medium or location specified by ICE. This transfer of records shall occur no later than thirty (30) days after the contract ends. After successful transfer of these records, the vendor shall ensure all copies of the records (including any still-active Alert List data) are securely deleted from all networks and storage media under its control or under the control of any of its agents or subcontractors. The vendor shall meet the following Key Performance Parameters (KPPs): Metric LPR Data Service Overall Support Service Unit of Measure Minimum Uptime – Unit of measure 100% > 99.0 Operating Schedule 24/7/365 Scheduled downtime 99.0 Operating Schedule 24/7/365 Scheduled downtime 99.0% Validated User/Customer Complaints 100% Inspection Overall Support Service C.4 Support Availability Support Service must be available 24/7/365 >99% Monitored monthly during the life of the contract. Contractor selfmonitoring and Validated User/Customer Complaints 100% Inspection Penalty to Monthly Payment - 20% withholding for the first hour (or any part thereof) in excess of the 4 hour limitation. - 0.5% for each hour thereafter until the data service is operable. The penalty shall be determined by prorating the number of days deficient within the particular billing month. - 98% / 93% / 88% compliance will result in 2% / 5% / 10% withholding from the invoice(s). The penalty shall be determined by prorating the number of days deficient within the particular billing month. HSCEDM-15-R-00006 Performance Requirement Results of a single LPR Query Page 44 of 60 Paragraph Performance Standard Performance Indicator C.4. Length of time for Results of a single LPR query to appear after being entered in the enduser computing device Less than 5 seconds after submission Performance Level 95% Monitored monthly during the life of the contract Surveillance Method Contractor Selfmonitoring and Validated User/Customer Complaints 100% Inspection Penalty to Monthly Payment - 93% / 88% / 83% compliance will result in 2% / 5% /10% withholding from the invoice(s). The penalty shall be determined by prorating the number of days deficient within the particular billing month. HSCEDM-15-R-00006 Page 45 of 60 4. METHODS OF QUALITY ASSURANCE (QA) SURVEILLANCE Regardless of the surveillance method, the COR shall always contact the Contractor's task manager or on-site representative when a defect is identified and inform the manager of the specifics of the problem. The COR, with assistance from the CO, shall be responsible for monitoring the Contractor’s performance in meeting a specific performance standard/AQL. Various methods exist to monitor performance. The COR will use the surveillance methods listed below in the administration of this QASP. a. PERIODIC INSPECTION • Scheduled quarterly inspection of audit logs or as required b. VALIDATED USER/CUSTOMER COMPLAINTS The Contractor is expected to establish and maintain professional communication between its employees and customers. The primary objective of this communication is customer satisfaction. Customer satisfaction is the most significant external indicator of the success and effectiveness of all services provided and can be measured through customer complaints. Performance management drives the Contractor to be customer focused through initially and internally addressing customer complaints and investigating the issues and/or problems but the customer always has the option of communicating complaints to the COR, as opposed to the Contractor. Customer complaints, to be considered valid, must be set forth clearly and in writing the detailed nature of the complaint, must be signed, and must be forwarded to the COR. Customer feedback may also be obtained either from the results of customer satisfaction surveys or from random customer complaints. • • • Review of identified deficiencies and or complaints made by users of the services Investigate and validate Review of notification of report discrepancies c. 100% INSPECTION • • • • Review of LPR Data Service uptime Review of Scheduled Downtime Review Meantime Between Failure (MTBF) Review Overall Support Service Availability d. Analysis of Contractor’s progress report. The Contractor is required to provide a weekly progress report that will be used to communicate the Contractor’s status in the Transition phase. e. Performance reporting. Surveillance results will be used as the basis for actions against the Contractor Past Performance Report. In such cases, the Inspection of Services clause in the Contract becomes the basis for the CO’s actions. 5. DOCUMENTING PERFORMANCE Documentation must be accurate and thorough. Completeness, currency, and accuracy support both satisfactory and unsatisfactory performance HSCEDM-15-R-00006 Page 46 of 60 a. ACCEPTABLE PERFORMANCE The Government shall document positive performance. All positive performance should be documented by an email to the COR describing the outstanding performance and why it is of value to the Government. This information shall become a part of the supporting documentation for the Contractor Performance Assessment Reporting System (CPARS) and the QASP b. UNACCEPTABLE PERFORMANCE When unacceptable performance occurs, the COR shall inform the Contractor. This will be in writing unless circumstances necessitate verbal communication. In any case the COR shall document the discussion and place it in the COR file. When the COR determines formal written communication is required, the COR shall prepare a Contract Discrepancy Report (CDR), and present it to the Contractor's representative. A CDR template is attached to this QASP. The Contractor will acknowledge receipt of the CDR in writing. The CDR will specify if the Contractor is required to prepare a corrective action plan to document how the Contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the Contractor has to present this corrective action plan to the COR. The Government shall review the Contractor's corrective action plan to determine acceptability. Any CDRs will become a part of the supporting documentation for Past Performance. 6. FREQUENCY OF MEASUREMENT While the Contractor is fully expected to comply with all requirements in the SOW, the Government’s assessment of Contractor performance will focus mainly on the objectives listed in the AQL column of the Performance Standards Summary Matrix. The COR will monitor the Contractor’s performance to ensure it meets the standards of the contract. Unacceptable performance may result in the Contracting Officer taking any of the following actions: Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements, reduce the contract price to reflect the reduced value of the services, issue a Contract Discrepancy Report, or require the Contractor to re-perform the service. In addition, the Contractor’s performance will be recorded annually in the Contractor Performance Assessment Report (CPAR). _______________________________________ Signature – Contracting Officer’s Representative _______________________________________ Signature – Contracting Officer HSCEDM-15-R-00006 Page 47 of 60 QASP QUALITY ASSURANCE MONITORING FORM REQUIRED TASKS/SERVICES: Uptime of Data Service and Technical Support shall be fully available 24/7/365 SURVEY PERIOD: Calendar Month SURVEILLANCE METHODS: 100% Inspection / Customer Complaint LEVEL OF SURVEILLANCE : As needed ANALYSIS OF RESULTS: Documented Performance Measurement Rate. LPR Data Service downtime shall not exceed 4 hours in any 1 month period and Meantime between failure (MTBF) is 4,000 operating hours (AQL = 99%) Reviewer’s Performance Assessment (Check):  Meets Standards  Does Not Meet Standards Narrative of Performance during Survey Period: _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ PREPARED BY: __________________________________________ DATE: _________________ HSCEDM-15-R-00006 Page 48 of 60 PART IV- Representations & Instructions 1. CONTRACT NUMBER CONTRACT DISCREPANCY REPORT HSCEDM-15-C-???? Date: Report Number: 2. TO: (Contractor and Manager Name) 3. FROM: (Name of COR) DATES CONTRACTOR NOTIFICATION CONTRACTOR RESPONSE DUE BY RETURNED BY CONTRACTOR ACTION COMPLETE 4. DISCREPANCY OR PROBLEM (Describe in Detail: Include reference in SOW / Directive: Attach continuation sheet if necessary.) 5. SIGNATURE OF CONTRACTING OFFICER’S REPRESENTATIVE (COR) 7. FROM: (Contractor) 6. TO: (COR) 8. CONTRACTOR RESPONSE AS TO CAUSE, CORRECTIVE ACTION AND ACTIONS TO PREVENT RECURRENCE. ATTACH CONTINUATION SHEET IF NECESSARY. (Cite applicable Q.A. program procedures or new A.W. procedures.) 9. SIGNATURE OF CONTRACTOR REPRESENTATIVE 10. DATE 11. GOVERNMENT EVALUATION OF CONTRACTOR RESPONSE/RESOLUTION PLAN: (Acceptable response/plan, partial acceptance of response/plan, rejection: attach continuation sheet if necessary) 12. GOVERNMENT ACTIONS (Payment withholding, cure notice, show cause, other.) CLOSE OUT CONTRACTOR NOTIFIED NAME AND TITLE SIGNATURE COR CONTRACTING OFFICER Section K- Representations, Certifications, and Other Statements of Bidders DATE HSCEDM-15-R-00006 Page 49 of 60 52.204-8 -- Annual Representations and Certifications.(NOV 2014) (a) (1) The North American Industry classification System (NAICS) code for this acquisition is 519190. (2) The small business size standard is $27.5 million. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b) (1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies. (2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: [_] (i) Paragraph (d) applies. [_] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated: (i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firmfixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless— (A) The acquisition is to be made under the simplified acquisition procedures in Part 13; (B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or (C) The solicitation is for utility services for which rates are set by law or regulation. (ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000. (iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management. (iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that— (A) Are not set aside for small business concerns; (B) Exceed the simplified acquisition threshold; and (C) Are for contracts that will be performed in the United States or its outlying areas. (v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012. (vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold. (vii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government. (viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government. (ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas. (A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard. (B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard. (x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas. (xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity. (xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity. (xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items. HSCEDM-15-R-00006 Page 50 of 60 (xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items. (xvi) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1. (xvii) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3. (A) If the acquisition value is less than $25,000, the basic provision applies. (B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies. (C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies. (D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies. (xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5. (xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations. (xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations. (xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions. (2) The following certifications are applicable as indicated by the Contracting Officer: [Contracting Officer check as appropriate.] ___ (i) 52.204-17, Ownership or Control of Offeror. ___ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products. ___ (iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification. ___ (iv) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification. ___ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only). ___ (vi) 52.227-6, Royalty Information. ___ (A) Basic. ___ (B) Alternate I. ___ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software. (d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov . After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. FAR Clause Title Date Change Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM. (End of Provision) HSCEDM-15-R-00006 Section L- Page 51 of 60 Instructions, Conditions, and Notices to Bidders, Offerors, or Quoters INSTRUCTIONS TO OFFERORS: Special Notes to Offerors: 1. This solicitation is not a contract, a promise to contract, or a commitment of any kind. The Government does not intend to pay for the information solicited, or reimburse the offeror for any costs incurred in the preparation of, or the submission of any response to this solicitation or in making necessary studies or designs for the preparation thereof, including attendance at any pre-solicitation conference. 2. All documents to include amendments, if issued, will be posted on the Federal Business Opportunities Website (FedBizOpps). The website is www.fbo.gov. No hard copy, facsimile or emailed copies of the solicitation, or amendments (if issued), will be provided. Offerors are encouraged to continue to monitor the FedBizOps website for amendments or change notices. If an amendment is issued, offerors shall submit a copy of the amendment, dated and signed with their proposal package 3. The Government reserves the right to award on initial offers without discussion if considered to be in the best interest of the Government. All offerors should submit their best cost and technical proposal in their initial submission. 4. When evaluating an Offeror’s capability to perform the prospective contract, ICE will also consider compliance with these instructions. ICE will consider an Offeror’s noncompliance with these instructions, or any attempt to evade the requirements imposed by these instructions, as indicative of conduct ICE may expect from the offeror during contract performance. ICE reserves the right to treat noncompliance with these instructions as a risk, and may treat such risk as grounds to eliminate any vendor from award consideration. 5. ICE will make a single award under this solicitation. 6. If there are license terms for the use of the software/service, then the Offeror is required to provide a copy of that license at the time of proposal submission. The license must comply with federal law and cannot contain prohibited terms such as choice of law provisions, arbitration clauses, open-ended indemnifications, etc. 7.Any communications regarding this Solicitation shall be directed to: William Quigley, Contracting Officer, at telephone (202)732-2120 or William.Quigley@ice.dhs.gov. L.1. 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a fixed price indefinite delivery, indefinite quantity (IDIQ) contract resulting from this solicitation. L.2. SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FAR 52.252-1) (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 address: www.arnet.gov/far HSCEDM-15-R-00006 Page 52 of 60 L.3. Questions regarding this solicitation must be submitted in writing only to Mr. William Quigley via email at: William.Quigley@ice.dhs.gov. Questions must be submitted no later than two weeks after the issuance of the solicitation. Responses to questions submitted, if/as appropriate, will be responded to via an amendment to the solicitation only, which shall be posted to FedBizOpps, www.fbo.gov. If an amendment is issued, offerors shall submit a copy of the amendment, dated and signed with their proposal package L.4. Submission of Proposals Offerors shall return the complete solicitation package, in electronic and hard copy format. Offerors shall submit four (4) hard copies and one (1) electronic copy. Electronic copies can be sent to William Quigley at William.Quigley@ice.dhs.gov or provided in CD format with the submittal. Facsimile proposals are not permitted and will be disregarded if received. Hard copies shall be sent via overnight express mail or hand carried in accordance with FAR 52.215-1. Offerors are advised that an offer in response to this solicitation is subject to physical examination, x-ray, or other inspection prior to acceptance at the location designated for receipt of offers. Inspection may be conducted by Government personnel or others acting on behalf of the Government. Any offer received at the address designated for receipt of offers after the date and time specified in this solicitation for receipt of offers shall be processed in accordance with the late offers provision of this solicitation. For any hand-delivered offer, whether delivered by the offeror or a courier service, the offeror must allow sufficient time to accommodate inspection by designated security personnel. To facilitate this security inspection, initial delivery to an alternate office may be required prior to final delivery by the offeror to the address designated for receipt of offers. (CAUTION: Delivery to the security inspection point does not constitute timely delivery for receipt of offers.) Hand carried packages should be delivered to the following address: Immigration and Customs Enforcement Office of Acquisition Management, Compliance and Removals Attn: William Quigley, Contracting Officer 801 I Street NW, Suite 900 Washington, DC 20536 Overnight express mail (FedEx, UPS, USPS, DHL, etc) should be addressed as follows: Immigration and Customs Enforcement OAQ/ DCR and 5750 Attn: William Quigley, Contracting Officer 801 I Street NW, FL 9 Suite 900 Washington, DC 20536-5750 Proposal Enclosed This procurement is being conducted under the procedures provided for in FAR 15, Contracting by Negotiation. Any reference within this document to other parts of the FAR is provided as a point of reference to provide pertinent definitions of terms (e.g., Risk) and is not intended in any way to infer or indicate that this procurement is being conducted under other sections of the FAR. All electronic files and hardcopy files should be labeled with the Offeror’s name, solicitation number, submission date and the words “Source Selection Sensitive”. a. Format. The submission shall be clearly indexed and logically assembled. Each section shall be appropriately numbered and clearly identified with the date and solicitation number in the header and/or footer and shall begin at the top of each page. NOTE: Please submit a signed and dated cover letter with your proposal addressed to Mr. William Quigley with your company’s contact information. A Table of Contents should be included. Each paragraph shall be separated by at HSCEDM-15-R-00006 Page 53 of 60 least one blank line. A standard, 12-point minimum font size applies to all sections. Times New Roman fonts is suggested. Double sided pages shall count as two pages. b. c. File Packaging. Written proposals shall be submitted in one volume with five (5) sections, as outlined below. Offerors shall attach a cover sheet to the outer cover of each section, which clearly identifies each section-by-section number, section name, and copy number (i.e., Section I, Technical, copy 1 of 4), Request for Proposal (RFP) number, and date of submission. Use tab indexing sufficient to identify all sections within a particular proposal section. Do not include writing on the tab index page other than that required to identify the particular section. In addition to the written proposals, the offeror is required to provide a copy via email to william.quigley@ice.dhs.gov, of the proposal price section in Microsoft Excel, with viewable calculations. Those pages that exceed the page counts for each section or attachment will not be evaluated. For purposes of determining the timeliness of submission of proposals, only the hard copy submission shall be considered in making any proposal receipt timeliness determination. In the event of any inconsistency between the hard copy pricing tables and the electronic submission, the hard copy pricing tables shall take precedence. Page Count. The page count is as follows: Proposal Part Page Count Section I – Technical NTE 60 pages, excluding covers, title pages, executive summaries, table of contents, and subcontract agreements (if any). Section II – Past Performance NTE 5 pages per reference, excluding covers, title pages, executive summaries, and table of contents. Section III – Price No Page Limitation Section IV– Solicitation, Offer and Award Documents, Certifications/Representations other than ORCA, signed and dated amendments (if any), and License (if applicable). NTE 20 pages, excluding cover page and data required by FAR 52.204-8. Section V - Subcontracting Plan- NTE 15 pages, excluding any actual subcontractor agreements L.4. Content Requirements. All information shall be confined to the appropriate section. The offeror shall confine submissions to essential matters, sufficient to define the proposal details, in a concise manner, to permit a complete and accurate evaluation of each proposal. Sections I, II, III and IV of the proposal shall consist of a Table of Contents, Summary Section and the Narrative Discussion. The Summary Section shall contain a brief abstract of the section. Proprietary information shall be clearly marked. Offerors who propose to use subcontractors shall provide the same information as is required for the prime offeror in accordance with FAR 52.215-1. All Large business offerors shall submit a subcontracting plan in the format provided as Attachment 2 in Section J. The following shall be included in the Narrative discussion: HSCEDM-15-R-00006 Page 54 of 60 SECTION I –TECHNICAL APPROACH: The offeror must submit information to demonstrate that the Offeror’s methods and approach have adequately and completely considered, defined, and satisfied the requirements specified in the solicitation and whether the Offeror’s methods and approach to meeting the solicitation requirements provide the Government with a high level of confidence of successful completion. No pricing information is to be provided in the Technical Proposal. Technical Database Information Submittal. The vendor shall provide a description of its electronic information retrieval services that addresses: • • • • • • Compliance with the SOW Number of current records Ability to collect new records Identification of states or metropolitan areas where significant records are provided Ability to add and/or delete subscribers Return time on query Quality Control Plan. The Offeror’s Quality Control Plan (QCP) should describe the methods it will use to review its performance to ensure it conforms to the performance requirements. The Offeror’s QCP should include methods that ensure and demonstrate its compliance with the performance requirements and the QASP discussed in Attachment J-3. SECTION II- PAST PERFORMANCE: The offeror shall identify contracts, which it has recently performed or completed (within five years from the closing date of the solicitation) or is currently performing, that are similar in nature and scope to this contract. The offeror shall provide the following information with respect to each of these contracts: a. Contract number, contract type and dollar value; b. Date of contract award and period of performance; c. Name, address, telephone number and e-mail of all applicable contract points of contact; and d. Brief description of contract work, scope, and responsibilities; The Government may contact all persons listed as points of contact for each contract. The description for each contract shall not exceed five (5) pages in total. Contracts listed may include those entered into with Government agencies or the private sector. The Government will evaluate the relevance and breadth of the Offeror’s experience, the quality of the Offeror’s past performance, and a demonstrated ability to effectively utilize resources. The Government is seeking to determine how well the contractor performed on projects of similar dollar value, scope, and complexity. Offerors are advised that the Government may use past performance information obtained from centralized past performance databases and sources other than those identified by the offeror. Any information obtained may be used for both the responsibility determination and the best value decision. Offerors are also advised that only relevant experience will be evaluated for the purposes of past performance; however, the absence of past performance data will be rated neither favorably nor unfavorably (i.e., neutral). For contractors with no relevant corporate past performance, the Government may take into account information regarding the past performance of predecessor companies, key personnel with relevant past performance, or subcontractors that will perform key aspects of the requirement. The Government will also evaluate the Past Performance Elements specified in the Past Performance Questionnaire, Section J- Attachment 1. This section shall be organized into the following sections: HSCEDM-15-R-00006 Page 55 of 60 (1) Section 1 – Contract Descriptions. This section shall include the following information in the following format: a. b. c. d. e. f. g. h. i. j. Contractor/Subcontractor place of performance and DUNS Number. If the work was performed as Subcontractor, also provide the name of the prime contractor and a point of contact (POC) within the prime contractor organization (name, current address, e-mail address, telephone and fax numbers). Government contracting activity to include current address, Procuring Contracting Officer's name, e-mail address, telephone and fax numbers Government’s technical representative/COR to include current e-mail address, telephone and fax numbers. Government contract administration activity and the Administrative Contracting Officer's name, current email address, telephone and fax numbers. Contract Number. In the case of Indefinite Delivery type contracts, GSA contracts, and Blanket Purchase Agreements, include Delivery Order Numbers also. Contract Type (i.e., Fixed Price (FP), Cost Reimbursement (CR), Time & Materials (T&M), etc.) In the case of Indefinite Delivery contracts, indicate specific type (i.e., Requirements, Definite Quantity, and Indefinite Quantity) and secondary contract type (FP, CR, T&M, etc). Awarded price. Final or projected final price. Original delivery schedule, including dates of start and completion of work. Final or projected final delivery schedule, including dates of start and completion of work. (2) Section 2 - Performance. Offerors shall provide a specific narrative explanation of each contract listed in Section 1 describing the objectives achieved and detailing how the effort is relevant to the requirements of this solicitation. For any contracts that did not/do not meet original schedule or technical performance requirements, provide a brief explanation of the reason(s) for the shortcomings and any corrective action(s) taken to avoid recurrence. The offerors shall list each time the delivery schedule was revised and provide an explanation of why the revision was necessary. All Requests for Deviation and Requests for Waiver shall be addressed with respect to causes and corrective actions. The offerors shall also provide a copy of any Cure Notices or Show Cause Letters received on each contract listed and a description of any corrective action implemented by the offeror or proposed subcontractor. The offerors shall indicate if any of the contracts listed were terminated and the type and reasons for the termination. (3) Section 3 – New Corporate Entities. New corporate entities may submit data on prior contracts involving its officers and employees. However, in addition to the other requirements in this section, the offeror shall discuss in detail the role performed by such persons in the prior contracts cited. Information should be included in the files described in the sections above. (4) Past Performance Questionnaire. The offeror shall complete Part I of the Past Performance Questionnaire and email the questionnaire to the Government or private sector point-of-contact (POC) responsible for the past/current contract reference. The POC's shall be instructed to electronically complete Part III of the questionnaire and e-mail the entire questionnaire to William.Quigley@ice.dhs.gov not later than the exact date and time of the solicitation closing date and time. The Past Performance Questionnaire will not be a part of the resultant contract. SECTION III– PRICE. The offeror shall complete Section B, with pricing for the base and each option period for each Contract Line Item (CLIN). The Government cannot predetermine the precise number of licenses that will be utilized in any contract year: therefore, the resultant award will be an Indefinite-Delivery-Indefinite –Quantity (IDIQ) contract. The maximum quantities provided in Section B will encompass the full potential number of licenses the contractor is responsible for providing to the Government. The contract ceiling will be the cumulative price of all CLINS referenced in Section B for any contract period (base or any exercised option year.) The Government reserves the right to exceed the maximum number of licenses within the overall contract annual ceiling. A task order or multiple task orders, depending on when the need arises, will be issued against the resultant contract on an annual basis. SECTION IV - SOLICITATION, OFFER AND AWARD DOCUMENTS AND CERTIFICATIONS/ REPRESENTATIONS. In accordance with FAR 4.1201 Representations and Certifications and FAR 4.1201 Policy. (a) Prospective contractors shall complete electronic annual representations and certifications at HSCEDM-15-R-00006 Page 56 of 60 http://orca.bpn.gov in conjunction with the required registration in the System for Award Management (SAM) (see FAR 4.1102). Each offeror shall complete (fill-in, date and signatures) the solicitation sections indicated in Section K of the solicitation package and the certifications required by HSAR 3052.209-70 - PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006). HSAR 3052.209-70 is located in Section I. An authorized official of the firm shall sign the SF 33 and all certifications. SECTION V – SUBCONTRACTING PLAN. All large business offerors shall complete Attachment J-2 – Subcontracting Plan model, completely and submit a signed dated copy. The large business will receive a pass or fail from the Contracting Officer for their submittal. In order to receive an award for this requirement a large business must have a Subcontracting plan acceptable to the Contracting officer (See FAR 19.702). Even though this is a FAR part 15 acquisition due to the strict privacy and IT requirements in excess of what is currently commercially provided by industry, Vendors will be allowed to submit a Commercial Plan to meet this requirement. “Commercial plan” means a subcontracting plan (including goals) that covers the Offeror’s fiscal year and that applies to the entire production of commercial items sold by either the entire company or a portion thereof (e.g., division, plant, or product line). See FAR 52.219-9 paragraph (g) for additional information regarding the commercial plan requirements. HSCEDM-15-R-00006 Page 57 of 60 SECTION M-BASIS FOR AWARD M.1 EVALUATION This is a best value procurement using trade-offs. The Government will make an award to the offeror whose proposal represents the best value to the Government, price and other factors considered. The factors listed below will be evaluated to determine the proposal with the best value to the Government. Offers will be evaluated on the basis of strengths, weaknesses, and risks. The relative importance of the factors will be weighted as follows: Factor Weighting: Technical Factor 1-Technical Capability is significantly more important than Technical Factor 2-Past Performance. Factors 1 & 2 when combined are significantly more important than Price. M.2 TECHNICAL EVALUATION FACTORS The factors listed below will be evaluated to determine the offer with the best value to the Government. Proposals will be evaluated on the basis of strengths, weaknesses, and risks. The technical evaluation factors and their relative importance are identified below: A. TECHNICAL EVALUATION FACTOR 1 – Technical Capabilities The Government will evaluate the degree to which the Offeror’s technical proposal(s) demonstrates its ability to provide the services necessary to meet ICE’s operational requirements (See Section C-Statement of Work). The offeror must demonstrate its capability to perform in the following areas: • • • • • • Compliance with the SOW Number of current records Ability to collect new records Identification of states or metropolitan areas where significant records are provided Ability to add and/or delete subscribers Return time on query Quality Control Plan • • • Overall plan to ensure that a comprehensive program of inspections and monitoring actions are developed and implemented under the resultant award. Methods the offeror will use that ensure and demonstrate its compliance with the performance requirements. Compliance with the QASP outlined in Attachment J-3 FACTOR 2 – Past Performance The Past Performance Factor evaluation will assess the relevance and quality of the Offeror’s past performance. The Government is seeking to determine whether the offeror has experience that will enhance its technical capability to perform and whether the offerors consistently delivers quality services in a timely and cost effective manner. In evaluating past performance, ICE will take into consideration the relevant experience and past performance assessments from the Offeror’s references from contracts completed or in-process over the last five (5) years from the closing date of the solicitation. However, ICE reserves the right to use relevant past performance information it obtains through other sources (e.g., interviews with previous clients/customers of the contractor and/or other agency databases, etc.). The assessment will include the following areas: HSCEDM-15-R-00006 Page 58 of 60 o Relevance of Experience –Review will include past work relating to requirements as specified in the SOW and will be based on the Offeror’s performance on those requirements. Review will include assessment of the potential for successful performance on this contract. Relevance will be determined based on the similarity in complexity and similarity regarding the size of the past performance references provided, however, the Government reserves the right to consider smaller size projects that cover essentially equivalent requirements, as proportionally relevant for evaluation purposes. o Quality of Services - The Offeror’s record of providing high quality services (e.g., customer service, timeliness and flexibility) in performing similar requirements particularly as demonstrated by the customer feedback will be reviewed. B. FACTOR 3 – REASONABLE PRICING The Government will evaluate the Offeror’s proposed cost/price to determine reasonableness using any one or more of price analysis techniques set forth within FAR part 15.400. The purpose of price evaluation is to assess the reasonableness of the proposed price, including all options, and to assess the acceptability of and correlation to the other business matters of the offer. The results of the price evaluation shall also be used as an aid in determining each Offeror’s understanding of the technical requirements of the solicitation. Price will be evaluated for reasonableness in accordance with FAR 15.404. Any offer that is unreasonable or materially unbalanced as to price for basic and option items, including follow-on years, may be rejected. The Government will conduct a comparative assessment of the prices proposed. For purposes of determining the best value, the evaluated price will be the sum of the base year and option periods for all CLINs. More specifically, the Government will add up the amounts for each CLIN (the maximum quantity in the range multiplied by the unit price) and then total the amount for the base and each option to equal a grand total. The grand total will be the amount used for evaluation. As part of the price evaluation, the Government will evaluate the Option to Extend Services under FAR Clause 52.217-8 by adding one-half of the Offeror’s final option period prices to the Offeror’s total price. Thus, the Offeror’s total price for the purpose of evaluation will include the base period and all option periods. Offerors are required only to price the base and option periods. Offerors shall not submit a price for the potential one-half extension of services period. Price will not be scored; however, it is a factor in the best value determination. Each price will be validated by examining the arithmetic accuracy and consistency of the information presented in the offer. Discrepancies will be noted and provided to the Source Selection Authority (i.e., the Contracting Officer). Award on Initial Offers: ICE reserves the right to award a contract based on the initial offers and may not require discussions. Therefore, it is critical that each offer be fully responsive to this solicitation and its provisions. All offerors should submit their best price and technical proposal in their initial submission. M.3. PROVISIONS INCORPORATED BY REFERENCE FAR 52.217-4 EVALUATION OF OPTIONS EXCERISED AT TIME OF CONTRACT AWARD JUN (1988) FAR 52.217-5 EVALUATION OF OPTIONS (JUL 1990) M.4. EVALUATION RATING SCHEME “Deficiency” shall be defined as not up to a normal standard or incomplete. As it relates to the scoring of an offer, it shall be understood to mean lacking in some necessary quality or inadequate. HSCEDM-15-R-00006 Page 59 of 60 The proposals will be scored based on the following guidelines: Factor 1 – Technical Capabilities Outstanding: Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. The proposal contains multiple strengths and no deficiencies. Good: Proposal meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains at least one strength and no deficiencies. Satisfactory: Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Proposal has no strengths or deficiencies. Marginal: Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. Unsatisfactory: Proposal does not meet requirements. Contains multiple weaknesses and/or one or more deficiencies. Proposal is unawardable. Factor 2 – Past Performance Substantial Confidence (Outstanding): Based on the Offeror’s recent/relevant performance record, the Government has a high expectation that the Offeror will successfully perform the required effort. Satisfactory Confidence (Satisfactory): Based on the Offeror’s recent/relevant performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort. Limited Confidence (Marginal): Based on the Offeror’s recent/relevant performance record, the Government has a low expectation that the Offeror will successfully perform the required effort. No Confidence (Unsatisfactory): Based on the Offeror’s recent/relevant performance record, the Government has no expectation that the Offeror will be able to successfully perform the required effort Unknown Confidence (Neutral): No recent/relevant performance record is available or the Offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The Government will define strengths, weaknesses, and risk in its evaluation of a proposal as follows: STRENGTH: “Strength” is defined as any aspect of a proposal that, when judged against a stated evaluation criterion, enhances the merit of the proposal or increases the probability of successful performance of the contract. WEAKNESS: A “Weakness” is defined as a flaw in a proposal that increases the risk of unsuccessful contract performance. A weakness need not be corrected for a proposal to be considered for award, but may affect the Offeror’s rating. HSCEDM-15-R-00006 Page 60 of 60 Risk Ratings Low- Has little potential to cause disruption of schedule, increased cost or degradation of performance. Normal contractor effort and normal Government monitoring will likely be able to overcome any difficulties. Moderate- Can potentially cause disruption of schedule, increased cost or degradation of performance. Special contractor emphasis and close Government monitoring will likely be able to overcome difficulties. High- Is likely to cause significant disruption of schedule, increased cost or degradation of performance. Is unlikely to overcome any difficulties, even with special contractor emphasis and close Government monitoring. End Section M