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FBO DAILY - FEDBIZOPPS ISSUE OF AUGUST 27, 2015 FBO #5025
SOLICITATION NOTICE

70 -- IBM QRadar - Attachment

Notice Date: 8/25/2015
Notice Type: Combined Synopsis/Solicitation
NAICS: 423430 — Computer and Computer Peripheral Equipment and Software Merchant Wholesalers
Contracting Office: Department of Labor, Office of the Assistant Secretary for Administration and Management, Office of Procurement Services, 200 Constitution Avenue, NW, S-4307, Washington, District of Columbia, 20210-0001, United States
ZIP Code: 20210-0001
Solicitation Number: DOL-OPS-15-Q-00129
Archive Date: 9/16/2015
Point of Contact: Heather Ann Brick Saunders, Phone: 2026934599, Lesa Austin, Phone: N/A
E-Mail Address: brick.heather.a@dol.gov, Austin.Lesa.L@dol.gov
(brick.heather.a@dol.gov, Austin.Lesa.L@dol.gov)
Small Business Set-Aside: Total Small Business
Description: NDA J&A Statement of Work (I) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, using Simplified Acquisition Procedures under FAR Part 13 as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (II) This solicitation document is issued as a request for quote (RFQ). Submit written quotes for RFQ number DOL-OPS-15-Q-00129. IBM QRADAR (Site 3526299) (III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular, FAC-2005-83-2-2-08032015/08-05-2015. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: https://www.acquisition.gov (IV) This acquisition is set aside 100% for small businesses. The associated NAICS code is 423430 and the Small Business Standard is 500 employees. The proposed contract action is for a BRAND NAME requirement. See Attached J&A. (V) This combined solicitation/synopsis is for purchase of the following commercial services: U.S. Department of Labor (DOL), Office of the Assistant Secretary of Administration Management (OASAM), Office of the Chief Information Officer (OCIO) requirements are as follows: Base Period CLIN 0001 PN: D14RALL IBM Security QRadar Core Appliance XX28 G2 Appliance Install Appliance + Subscription and Support 12 Months QTY: 3 CLIN 0002 PN: D14RCLL IBM Security QRadar Core Appliance XX28 G2 Appliance Install Initial Appliance Business Critical Service Upgrade 12 Months QTY: 3 CLIN 0003 PN: D14RDLL IBM Security QRadar Core ApplianceXX28 G2 Appliance Install Initial Appliance Hard Drive Retention Service Upgrade 12 Months QTY: 3 CLIN 0004 Q Radar Deployment Consultant (C.1.14--Systems Installation Certified IT Specialist--Skill B) QTY: 26 CLIN 0005 Other Direct Costs (ODC) QTY: NTE $1000.00 CLIN 0006 Other Direct Costs (ODC) QTY: NTE $1000 Option Period CLIN 1001 PN: D14RALL IBM Security QRadar Core Appliance XX28 G2 Appliance Install Appliance + Subscription and Support 12 Months QTY: 3 CLIN 1002 PN: D14RCLL IBM Security QRadar Core Appliance XX28 G2 Appliance Install Initial Appliance Business Critical Service Upgrade 12 Months QTY: 3 CLIN 1003 PN: D14RDLL IBM Security QRadar Core ApplianceXX28 G2 Appliance Install Initial Appliance Hard Drive Retention Service Upgrade 12 Months QTY: 3 Responsibility and Inspection: unless otherwise specified in the order, the supplier is responsible for the performance of all inspection requirements and quality control. (VI) Description of requirements is as follows: General Information STATEMENT OF WORK TITLE: Technical Refresh of currently existing IBM QRadar Security Information and Event Management (SIEM) Hardware and Software, including Installation Services. 1.0 BACKGROUND INFORMATION AND OBJECTIVE: 1.1 Background Information- The DOL OCIO ECN/DCN has a requirement to obtain the IBM QRadar SIEM to facilitate Continuous Monitoring of Security Incidents and Events. Due to the fact that the existing SIEM Infrastructure is End-of-Engineering-Life and that it will be End-of-Life/End-of-Service, it has been determined that a Technical Refresh of the IBM QRadar SIEM infrastructure, currently serving OASAM, OSHA, OWCP, would be most advantageous for the DOL OCIO in support of its overall mission and security requirements. 1.2 Technical Objectives- In order to meet mandates of the Trusted Internet Connection initiative, Office of Management and Budget (OMB) Memorandum M-08-05, 08-16, and 08-27 as well as National Institute of Standards and Technology Special Publication 800-53, the United States Department of Labor has a requirement to implement a comprehensive IBM QRadar SIEM solution. This centralized IBM QRadar SIEM tool correlates information from disparate network and Information Technology systems. Business risk is controlled, continuously monitoring actionable data for both Executive Management and Engineering alike. The IBM QRadar SIEM solution will consist of hardware, software licenses, and professional services. Software updates from IBM take care of the application as well as the operating system on the appliance. Further, the XForce subscription service provides near real time updates for the latest cyber security activity on the Internet at large. 1.3 Period of Performance-The period of performance is to start upon award for a one year term plus, if exercised, an available option period. 2.0 PLACE OF PERFORMANCE: Department of Labor (DOL) 200 Constitution Avenue, NW Washington, DC 20210 3.0 REQUIREMENT: 3.1 The contractor shall provide and perform all of the software support including updates. 4.0 SUPPORT SERVICES: 4.1 The Contractor shall provide and maintain the following: BASE PERIOD QTY 3: D14RALL IBM Security QRadar Core Appliance XX28 G2 Appliance Install Appliance + Subscription and Support 12Months QTY 3: D14RCLL IBM Security QRadar Core Appliance XX28 G2 Appliance Install Initial Appliance Business Critical Service Upgrade 12 Months QTY 3: D14RDLL IBM Security QRadar Core ApplianceXX28 G2 Appliance Install Initial Appliance Hard Drive Retention Service Upgrade 12 Months QTY 26: Q Radar Deployment Consultant (C.1.14--Systems Installation Certified IT Specialist--Skill B) ODC NTE 1000 Travel NTE 1500 OPTION PERIOD 1 QTY 3: E0JGZLL I BM Security QRadar Core Appliance XX28 G2 Appliance Install Subsequent Appliance Business Critical Service Upgrade 12 Months QTY 3: E0JH0LL IBM Security QRadar Core Appliance XX28 G2 Appliance Install Subsequent Appliance Hard Drive Retention Service Upgrade 12 Months QTY 3: E0JGYLL IBM Security QRadar Core Appliance XX28 G2 Appliance Install Annual Appliance Maintenance + Subscription and Support Renewal 4.2 The Contractor shall independently perform all work and furnish all labor, materials, supplies, equipment, and services (except as otherwise specified in the contract.) 4.3 All work will be monitored by the Government Project Officer identified in the contract. 4.4 The Contractor shall provide original hardware, not refurbished, at the FPB location, as follows: 4.4.1 One 3128 Console 4.4.2 Two 1628 Event Processors 4.5 Task 1. The Contractor shall provide project coordination and engagement management 4.5.1 Deliverable Materials: Status Reports (to be provided by the deployment consultant) in Microsoft Word format, not password protected 4.6 Task 2. The Contractor shall upgrade the QRadar appliances, perform data migration and perform tuning 4.6.1 Deliverable Materials: Application and Configuration Document in Microsoft Word format, not password protected 4.7 Task 3. The Contractor shall perform post-upgrade services 4.7.1 Deliverable Materials: Lesson's learned, best practices, standard operations activities in Microsoft Word format, not password protected 4.8 Labor Category Description-- C.1.14--Systems Installation Certified IT Specialist--Skill B: 4.8.1 Functional Description: Performs site surveys, installs, tests, and validates operational automation and communications equipment/software as specified by installation standards, manufacturer's guidance, and safety codes. 4.8.2 Minimum Experience: The Certified IT Specialist (Skill B) has between 5 and 20 years of experience with large, complex systems, providing key leadership in a multi-vendor environment, including, extensive experience with large systems modernization and business practice reengineering. 4.8.3 Minimum Education: The Certified IT Specialist (B Level) has a bachelor's Degree in Information Systems, Business Management, or related field. The Certified IT Specialist (B Level) possesses the relevant years of field experience with may be substituted for education. 4.9 Other Direct Costs (ODC's) The Contracting Officer shall approve before incurring other direct costs, i.e. incidental services for which there is not a labor category specified in the contract. If advance approval is not obtained by the CO in writing, any request for reimbursement of costs may be denied by the CO. The Contractor's request must include cost estimates information and a justification for the purchase. The Government reserves the right to deny the request based upon the expense of the purchase, lease, or a determination that the purchase/lease is not justified. 4.10 Travel Limited travel may be required to other DOL regions at the COR's discretion and with the approval of the CO. T&L are estimated to be 15-18% of labor and will be invoiced as actual. If travel is deemed necessary by the CO/COR, any such approved travel and per diem shall be reimbursed in accordance with the Federal Travel Regulations and FAR 31.205-46. All contractor travel shall be approved in advance by the CO/COR. Advanced notice must be provided for any travel required by the Federal Program Manager. 5.0 Definition a. Latent Defects-Means a defect that exists at the time of acceptance but cannot be discovered by a reasonable inspection. 6.0 Administrative 6.1 Place of Performance U.S. Department of Labor Francis Perkins Building Room N-1301 200 Constitution Avenue, N.W. Washington, D.C. 20210 6.2 Representative of the Contracting Officer The following named Contracting Officer's Representatives (COR) are authorized to act as an official representative of the contracting Officer: Primary : TBD 6.3 Government Project Manager (GPM) The COR has designated the following senior federal staff as the GPM to oversee, manage, administer, and accept deliverables for this requirement: Primary: TBD 6.4 Government Recognized Holidays The contractor is not required to perform services on the following holidays: New Year's Day Martin Luther King Jr.'s Birthday President's Day Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day 6.5 Hours of Operation (7:00 am to 7:00 pm local time) The contractor is responsible for conducting business between the hours of 7:00 a.m. and 7:00 p.m. Local Time, except during Government Recognized Holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The contractor shall not be reimbursed when the government facility is closed for the above reasons. The contractor must, at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this Task Order (when the Government facility is not closed for the above reasons). When hiring personnel, the contractor shall keep in mind that the stability and continuity of the workforce are essential. 7.0 Security Requirements: Contractor staff is required to conform to DOL's security and privacy requirements as described below. 7.1 The Contractor shall comply with the Computer Security Act of 1987. All products and deliverables developed under this SOW shall comply with DOL Computer Security guidelines and the guidelines contained in OMB Circular A-130. All contract staff working in DOL office space and/or using the DOL LAN/WAN and computer systems to perform duties under this SOW will agree, sign and fully comply with the DOL Rules of behavior for Computer Use and a Non-disclosure Agreement. Contractor staff with systems administrator permission will agree, sign and fully comply with DOL Rules of Behavior for System Administrators and Segregation of Duties. A copy of each signed and witnessed Non-disclosure agreement shall be submitted to the COR prior to the employee performing any work under this contract. 7.2 The Contractor will be responsible for ensuring compliance by its employees with the security regulations of DOL and other Government installations or Contractor facilities where work is performed under this Contract. This includes the safekeeping and display of a Government-provided photo ID badge for employees of the Contractor and any subcontractors while these employees are in federally owned or leased property as described in the Section titled "Place of Performance." The Contractor will ensure the security of all DOL property, building ID Badges, key cards and standard keys issued to Contractor staff. For employees leaving the project permanently or for an extended period of time, the Contractor will return to the COR all badges, property, key cards, parking placards, and keys the same day the employee leaves the project. 7.3 Background Investigations 7.3.1 The DOL's Employee Computer Network and Departmental Computer Network data and work environment hare considered sensitive buy unclassified. DOL is required under the Homeland Security Presidential Directive (HSPD) 12 "Policy for a Common Identification Standard for Federal Employees and contractors" to perform a background investigation on all contact staff. The offeror shall complete (at their own expense) and submit the National Agency Check with Inquiries (NACI) results to the contract Officer's Representative (COR) for review prior to hiring any contract staff. The COR Will make an initial determination based on the NACI results. 7.3.2 Depending on the role and sensitivity, contract staff will undergo a National Agency Check with Inquiries (NACI), Minimum Background Investigation (MBI) or a Background Investigation (BI) which are conducted through the Office of Personnel Management. An investigation will be conducted for all Contractor Staff assigned to this Contract. Contractor staff will be required to provide two forms of acceptable identification as required in Form I-9; Employee Eligibility Verification, and be photographed and finger-printed. Successful clearance is required for an employee to continue working under this contract. 7.3.3 Per the PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL clause of the Federal Acquisition Regulations (FAR 52.204-9), which is incorporated into this contract. 7.4 The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201. 7.5 The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have physical access to a federally-controlled facility or access to a federal information system. 7.6 Privacy Portions of information disclosed during the performance of this task are protected by the provisions of the Privacy Act of 1974; therefore, all personnel assigned to this Contract are required to take proper precautions to protect the information from disclosure. 7.7 Ownership and Data Rights All products and deliverables developed under this SOW are the property of the U.S. government and DOL. Further, in accordance with FAR Data Rights clause 52.227-14, Rights in Data-General, incorporated into this contract and applicable to all task orders to be issued under it. DOL receives at least unlimited rights in all data and software as specified in this data right clause. 7.8 Commitment to Protect Sensitive Information The Contractor shall not copy, release, publish, or disclose sensitive information to unauthorized personnel and shall protect such information in accordance with provisions of the following laws and any other pertinent laws and regulations governing the confidentiality of sensitive information: 18 U.S.C. 641 (Criminal Code: Public Money, Property or Records). 7.9 Required Security Training All DOL employee and contractors must receive security awareness training prior to being given access to DOL systems and periodically thereafter as required by DOL security policies. Also contract staff will be required to successfully complete Role Based Training. (VIII) The provision at FAR 52.212-1, Instructions to Offerors - Commercial Items (APR 2014), applies to this acquisition. (IX) The provision at FAR 52.212-2, Evaluation - Commercial Items (OCT 2014), applies to this acquisition. Addendum as follows- The following evaluation criteria shall be used to evaluate offers: The Government intends to award a Firm-Fixed Price (FFP) Purchase Order, to the offeror with the Lowest Price Technically Acceptable offer. Technical Acceptance constitutes meeting all requirements of this solicitation and all attachments herein. (X) The offeror must submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (MAR 2015), with its quote. (XI) The clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Items (DEC 2014), applies to this acquisition. (XII) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (MAR 2015) applies to this acquisition. The following additional FAR clauses cited in the clause are applicable to this acquisition: 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644). 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C 632(a)(2)). 52.222-3, Convict Labor (June 2003) (E.O. 11755). 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). 52.222-21, Prohibition of Segregated Facilities (Feb 1999). 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.). 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67). 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). The following additional FAR clauses/provisions are applicable to this acquisition: 52.204-13 System for Award Management Maintenance (Jul 2013) 52.211-5 Material Requirements (Aug 2000) 52.211-6 Brand Name or Equal (Aug 1999) 52.232-1 Payments (Apr 1984) 52.232-25 Prompt Payment (Jul 2013) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.243-1 Changes - Fixed Price (Aug 1987) 52.244-6 Subcontracts for Commercial Items (Dec 2010) 52.246-2 Inspection of Supplies-Fixed Price (Aug 1996) 52.247-34 F.O.B Destination (Nov 1991) Other additional Clauses are applicable to this Acquisition: Waiver of Delivery Schedule None of the following shall be regarded as an extension, waiver, or abandonment of the delivery schedule or a waiver of the Government's right to terminate for default: (i) Delay by the Government in terminating for default; (ii) Acceptance of delinquent deliveries; and (iii) Acceptance or approval of samples submitted either after default in delivery or in sufficient time for the contractor to meet the delivery schedule. Any assistance rendered to the contractor on this contract or acceptance by the Government of delinquent goods or services hereunder will be solely for the purpose of mitigating damages and is not to be construed as an intention on the part of the Government to condone any delinquency, or as a waiver of any rights the Government may have under subject contract. Modifications and Revisions The Contractor shall furnish full documentation of all Contractor changes and/or modifications to the applications and/or operating system software provided to meet Government requirements. In the case of new software releases, the Government may elect to accept the later versions of software. If accepted, software support will be provided at no additional cost during the period of this contract. Interruption of Service The Contractor recognizes that the services under this contract are critical to the Government and must continue without interruption. Contractor also recognizes that when the contract expires, a successor, either the Government or another contractor, may continue the services. The Contractor agrees to furnish phase-in-training, apply its best efforts and cooperation to carry out an orderly and efficient transition to a successor. Dissemination of Information There shall be no dissemination or publication, except within and between the Contractor and any subcontractors, of information developed under this contract or contained in the reports to be furnished pursuant to this contract without prior written approval from the Contracting Officer. Release of Reports The Contractor is prohibited from releasing to any source, other than the sponsoring activity, any interim, draft and final reports or information pertaining to services performed under this contract until report approval or official review has been obtained. Furthermore, the contractor shall insure that the cover of all interim, draft and final reports contain the following statement: "The view, opinions, and/or findings contained in this report are those of the author(s) and should not be construed as an official Government position, policy or decision, unless so designated by other documentation." Release of News Information No news release (including photographs and films, public announcements, denial or confirmation of same) on any part of the subject matter of this contract or any phase of any program hereunder shall b made without the prior written approval of the Contracting Officer. Software Rights a. All software to provide under this contract shall be delivered with unlimited rights in accordance with the provisions of FAR 52.227-14. b. If at any time during the term of the contract, the Contractor determines that it is more advantageous to the Government to incorporate a package, subroutine or module that can not be provided to the government with unlimited rights into the system, the Contractor shall notify the Contracting Officer in writing. Such notification shall include as a minimum,, the name of the item to be furnished with Restricted Rights and cost saving or other benefits accruing to the Government. c. If the Contractor and the Government mutually agree to incorporate such software package, subroutine or module into the system, the Government requires that it be given as a minimum the following rights: (1) Use computer software with the computer for which or with which it was acquired, including use at any Government installation to which the computer may be transferred by the Government: (2) Use computer software with a backup computer if the computer for which or with which it was acquired is inoperative; (3) Copy computer programs for safekeeping (archives) or backup purposes; (4) Modify computer software, or combine it with other software, subject to the provisions that those portions of the derivative software incorporating restricted rights software are subject to the same restricted rights. The contract shall be modified to set forth the software restrictions and rights of the Government. The contractor shall not incorporate such software without a written modification to the contract. d. If the Contractor includes any software packages, routines or modules developed at the Contractor's expense in the system without identifying it to the Contracting Officer, all such software shall be considered delivered with "unlimited rights". If the program maintenance of the system is dependent on the source code of any such software, the contractor shall provide the source code and rights to the source code for the life of the system at the time the software and documentation is delivered to the Government. Type of Service a. The Government and the Contractor understand and agree that the services delivered by the Contractor to the Government are non-personal services. The parties also recognize and agree that no employer-employee or master-servant relationship exists or will exist between the Government and the Contractor. The Contractor and the Contractor's employees are not employees of the Federal Government and are not eligible for entitlement and benefits given federal employees. b. Contractor personnel under this contract shall not: (1) Be placed in a position where there is an appearance that they are employed by a Federal Officer, or are under the supervision, direction, or evaluation of a Federal Officer. (2) Be placed in a position of command, supervision, administration or control over personnel or personnel of other Government Contractors, or become a part of the Government organization. (3) Be used in administration or supervision of procurement activities. Citizenship All contract employees shall be U.S. citizens or legal immigrant aliens. Employee Relationship a. The services to be performed under this contract do not require the Contractor or his employees to exercise personal judgment and discretion on behalf of the Government, but rather, the Contractor's employees will act and exercise personal judgment and discretion on behalf of the Contractor. b. Rules, regulations, directives and requirements which are issued by Government Authorities under their responsibility for good order, administration and security are applicable to all personnel who enter a Government installation or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control which is inconsistent with a non-personal services contract. Organizational Conflict of Interest Policy Organizational Conflicts of Interest (OCI): The policy of DOL is to avoid contracting with contractors who have unacceptable organizational conflicts of interest. An organizational conflict of interest means that because of existing or planned activities, an offeror or Contractor is unable, or potentially unable, to render impartial assistance to the agency, or has an unfair competitive advantage, or the offeror or Contractor's objectivity is, or might be, impaired. If the offeror does not have any OCI issues, it must positively affirm so in writing. The following provides the contractor with examples of situations where mitigation plans may or may not be required by DOL. These examples are not intended to be inclusive. Disclosure by offerors or contractors participating in a DOL acquisition. Offerors or contractors should provide information which concisely describes all relevant facts concerning any past, present or currently planned interest, (financial, contractual, organizational, or otherwise) relating to the work to be performed and bearing on whether the offeror or contractor has a possible OCI. If the offeror or Contractor does not disclose any relevant facts concerning an OCI, the offeror or Contractor, by submitting an offer or signing the contract, warrants that to its best knowledge and belief, no such facts exist relevant to possible OCI. It is not the intention of DOL to exclude a Contractor from a competitive acquisition due to a perceived OCI. DOL Contracting Officers are fully empowered to evaluate each potential OCI scenario based upon the applicable facts and circumstances. The final determination of such action may be negotiated between the impaired Contractor and the DOL Contracting Officer. The Contracting Officer's business judgment and sound discretion in identifying, negotiating, and eliminating OCI scenarios should not adversely affect DOL's policy for competition. DOL is committed to working with potential vendors to eliminate or mitigate actual and perceived OCI situations, without detriment to the integrity ofthe competitive process, the mission of DOL, or the legitimate business interests of the vendor community. Mitigation plans: The successful Contractor will be required to permit a Government audit of internal OCI mitigation procedures for verification purposes. DOL reserves the right to reject a mitigation plan, if in the opinion of the Contracting Officer, such a plan is not in the best interest of DOL. After award, DOL will review and audit OCI mitigation plans as needed (in the event of any changes due to mergers, consolidations, or any unanticipated circumstances that may create an unacceptable organizational conflict of interest). Inapplicability of Employee Benefits This contract does not create an employer-employee relationship. Accordingly, entitlement and benefits applicable to such relationships do not apply. a. Payments under this contract are not subject to Federal income tax withholding. b. Payments under this contract are not subject to Federal Insurance Contributions Act. c. The Contractor is not entitled to unemployment compensation benefits under the Social Security Act, as amended, by virtue of performance under this contract. d. The Contractor is not entitled to any workmen's compensation benefits by virtue of this contract. e. The entire consideration and benefits to the Contractor for performance of this contract is contained in the provisions for payment under this contract. Contractor Supervision The Government will not supervise, direct, or evaluate the contractor's employees. Similarly, the contractor's employees shall not supervise, direct, or evaluate Government employees or employees employed by other contractors. The contractor's employees shall not become an integrated part of any Government organization, nor shall they administer or control any Government procurement activities. Telephone Service Office of Assistant Secretary for Administration & Mgmt. telephone service may be provided to local office locations to carry on official business. Contractor Employee Suitability and Security Requirements 1. Background Investigations a. Background Investigation Requirements. The investigation requirements for contractor employees are based on the risk or sensitivity level designation of the position. The Contracting Officer, Contracting Officer's Technical Representative, or other DOL Agency's designated official informs the Contractor of the risk or sensitivity level for each contractor employee position. The minimum level of investigation for each risk or sensitivity level is indicated below. Position Risk/Sensitivity Level: Minimum Investigation Requirement: Low Risk/Non-sensitive National Agency Check & Inquiries (NACI) Moderate Risk Minimum Background Investigation (MBI) High Risk Background Investigation (BI) Noncritical-Sensitive Minimum Background Investigation (MBI)* Critical-Sensitive Single Scope Background Investigation (SSBI)* * Individuals occupying Critical-Sensitive positions (i.e., require Top Secret security clearances) are subject to reinvestigation every 5 years. Individuals occupying Noncritical-Sensitive positions are subject to reinvestigation every 10 years for Secret security clearances and every 15 years for confidential security clearances. b. Conducting Background Investigations. All contract employees require a background investigation. The Office of Personnel Management (OPM) will conduct background investigations for DOL employees and contractor employees. Since OPM only accepts requests from Federal agencies to conduct background investigations, the DOL Agency will make arrangements with the Contractor to send the contractor employee's completed papers to the DOL Agency for submission to OPM. c. Payment for Background Investigation. If the DOL Agency bears the cost for background investigations on contractor employees, the designated DOL Agency official will forward the required documents to OPM. 2. The Investigation Process The Contractor shall submit written procedures to the designated DOL Agency official describing the method by which the following investigation requirements will be satisfied. a. Pre-employment Checks. Before a contractor employee can begin work for DOL, he or she must provide the Contractor with a properly completed OF-306, Declaration for Federal Employment, on which the employee has completed items 1 through 7c, questions 9 through 13, and item 16 as necessary, and has signed item 17. (Attachment is a copy of the OF-306. This form can also be found at the following website: http://www.opm.gov/forms.) If the Contractor has not received a completed OF-306 from the contractor employee within 5 days after requesting the form, the Contractor shall notify the COR. If the person answers "Yes" to one or more of questions 9 through 13, the Contractor shall notify the COR immediately. The designated DOL Agency official will inform the Contractor whether or not the contractor employee may work on the contract. Before making this decision the designated DOL Agency official may also require a pre-employment FBI fingerprint check on contract employees. This procedure is described in Chapter 2, Section 6. b. Submission of Investigation Documents. The Contractor shall submit the required documents below to the designated DOL Agency official within 14 calendar days of each contractor employee's placement on the contract in a High Risk, Moderate Risk, Low Risk, or Noncritical-Sensitive position. However, the Single Scope Background Investigation must be completed before the contractor employee is placed in a Critical-Sensitive position, unless the Department approves the placement of the contractor employee's placement in the position before the investigation is completed. The specific form that he or she completes depends on the risk or sensitivity level of the work that he or she will perform. These forms can be found on the following website: http://www.opm.gov/forms. • The SF-85, Questionnaire for Nonsensitive Positions, is used with positions or work that is designated at the Low Risk level. The minimum investigation required is a National Agency Check and Inquiries. • The SF-85P, Questionnaire for Public Trust Positions, is used with positions or work that are designated at the Moderate or High Risk level. The minimum investigation required for the Moderate Risk level is a Minimum Background Investigation. The minimum investigation required for the High Risk level is a Background Investigation. • The SF-86, Questionnaire for National Security Positions, is used with positions or work that is designated at the Noncritical-Sensitive or Critical-Sensitive level. The minimum investigation for Noncritical-Sensitive work is a Minimum Background Investigation. The minimum investigation for Critical-Sensitive work is a Single Scope Background Investigation. The Contractor shall also ensure that each contractor employee is fingerprinted using Form FD-258. The Contractor can get copies of this form from the COR. The Contractor shall submit the following completed forms and documents to the for each contractor employee based on the risk or sensitivity level of work that such employee is performing: Low Risk: High/Moderate Risk: Critical/Noncritical Sensitive: SF-85 SF-85P SF-86 FD-258 FD-258 FD-258 OF-306 OF-306 OF-306 Application/Resume Application/resume Application/resume c. Temporary Contractor Employees. If the contractor employee is assigned to Low Risk work and is employed on a seasonal, daily, or intermittent basis, or for no more than 180 days, the NACI is not required. However, the Contractor shall submit the fingerprints of the contractor employee to the COR on a Form FD-258. 3. Adjudication a. Referral of Suitability Issues. When OPM has completed the contractor employee's background investigation, it shall send the report of investigation to the Department's Office of Executive Resources and Personnel Security (OERPS). If the report contains suitability issues, the OERPS will forward the report to the designated DOL Agency official for review and adjudication. b. Suitability Standard and Criteria. The suitability standard and criteria are described in Chapter 3, Section 3. c. Unfavorable Suitability Determination. If the designated DOL Agency official determines that the contractor employee is unsuitable, the Contracting Officer will inform the Contractor in writing that the contractor employee is denied access to DOL facilities and/or information and information systems. If revoking access to DOL facilities and/or information and information systems negatively impacts the contractor employee's ability to perform, he or she shall be removed from the contract. Any removal of a contractor employee shall not be considered grounds for a delay or adjustment claim from the Contractor. 4. Non-disclosure Agreement The Contractor shall require each contractor employee to review and sign the attached non-disclosure agreement (Attachment) when he or she begins work on the DOL contract. The Contractor must send the signed copy to TBD Contract Administration Data DOLAR 2952.201-70 Contracting Officer's Representative (COR) (May 2004) (a) TBD is hereby designated to act as contracting officer's representative (COR) under this contract. (b) The COR is responsible, as applicable, for: receiving all deliverables; inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual scope of work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment. (c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If, as a result of technical discussions, it is desirable to alter/change contractual obligations or the scope of work, the contracting officer must issue such changes. Invoicing Procedures An original invoice shall be prepared and submitted to the Department of Labor (DOL) by email to: DOL-NO-DM-OASAM@quickpay.dol.gov 1). Electronic PDF/TIFF Invoice Submittal In an effort to support the eCommerce initiative and expedite vendor payment processing, the DOL requires invoices to be submitted electronically. The contractor shall: Address the invoice to the appropriate e-mail address specified above. 1. Submit the invoice via attachment in PDF or TIFF format. 2. Submit only one invoice per electronic submittal. 3. Enter specific information in the subject line of the e-mail in the following format: <Contractor Name>, DOL Agency, <Contract Number, BPA Call or Order Number>, Invoice Number, <Invoice Amount> Example: ABC Co, OASAM, DOL00-00-X0000/X0000, Invoice Number AB-1298433, $15,000.00. 4. Submit a copy of the email with the attached invoice to the contracting officer's representative (COR) at the COR email address specified in the contract. 5. Wait for either a success or failure e-mail response, regarding the invoice e-mail, before sending in another e-mail with the same invoice attachment. The contractor MUST NOT: 6. Submit an invoice that exceeds the size limit of 16 megabytes (approximately 400-500 pages). However, if the invoice exceeds this limit, a summary invoice attachment of less than 16 megabytes should be e-mailed to the payment e-mail address above; while the detailed invoice, including any supplemental information, shall be sent to the COR or other representative at the address (specified in paragraph 2 below). 7. Submit an invoice that is heavy in shading or color. 1. An e-mailed PDF image cannot have any text that has a background with any color other than white. If the image has a shaded background, it will be converted to black, and the text will be illegible. 2. An emailed TIFF image must be black and white. 8. Submit more than one attachment as subsequent attachments will not be recognized. 9. Submit more than one invoice in a single attachment. General Information Payment due dates will be calculated only from the date that invoices are received in the electronic invoicing e-mail box and determined to be proper invoices. Inquiries regarding invoices should be e-mailed to InvoiceInquiriesXXX@dol.gov. The relevant invoice must be attached to the inquiry e-mail and the subject line of the e-mail must state "INQUIRY," followed by the information described in paragraph 1).d. above. Example: INQUIRY: <Contractor Name>, DOL Agency, <Contract Number, BPA Call or Order Number>, Invoice Number, <Invoice Amount> Do NOT use the electronic invoicing e-mail address for inquiries about the invoice. 2). Paper Invoices submitted via fax or U.S. mail Paper invoices should only be faxed or mailed when electronic email cannot be accomplished due to size limitations described above. When invoices must be faxed due to e-mail size limitations, fax them to: 202-693-4228 When paper invoices must be mailed due to e-mail size limitations, mail them to the following address: U.S. Department of Labor Office of Financial Management Operations Room S-5526 200 Constitution Avenue, N.W Washington, DC 20210 (XIII) Additional contract requirements: Offeror must be authorized reseller for IBM, and MUST provide an authorized reseller letter/certification attached in their response in order to be considered for award. (XIV) Defense Priorities and Allocations System (DPAS): N/A (XV) Offers are due no later than 12:00 P.M. ET on September 1, 2015. All offers must be e-mailed to the attention of Heather Brick Saunders, Email: Brick.Heather.A@dol.gov and Lesa L. Austin, Email: Austin.Lesa.L@dol.gov (XVI) Any questions regarding this solicitation should be directed to Heather Brick Saunders, Email: Brick.Heather.A@dol.gov and Lesa L. Austin, Email: Austin.Lesa.L@dol.gov.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/DOL/OASAM/WashingtonDC/DOL-OPS-15-Q-00129/listing.html)
Place of Performance: Address: 200 Constitution Ave NW, Washington, District of Columbia, 20210, United States; Zip Code: 20210
Record: SN03854112-W 20150827/150825235250-debf0810255072292b0d001137c52045 (fbodaily.com)
Source: FedBizOpps Link to This Notice
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