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FBO DAILY ISSUE OF NOVEMBER 08, 2012 FBO #4002
SOLICITATION NOTICE

R -- Sole Source - Stedman's Plus Medical/Pharmaceutical Spellchecker - Attachment One

Notice Date

11/6/2012
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

511210 — Software Publishers
 

Contracting Office

Department of Justice, Bureau of Prisons, Acquisitions Branch, 320 First Street, NW, Washington, District of Columbia, 20534
 

ZIP Code

20534
 

Solicitation Number

RFQ-NAS-0038-2013
 

Archive Date

12/6/2012
 

Point of Contact

Elizabeth S. Gorman, Phone: 202-616-6150, Kristina M Sullivan, Phone: 202-616-6150
 

E-Mail Address

egorman@bop.gov, k2sullivan@bop.gov
(egorman@bop.gov, k2sullivan@bop.gov)
 

Small Business Set-Aside

N/A
 

Description

Attachment One to RFQ-NASS-0038-2013 The Federal Bureau of Prisons (BOP) intends to award a SOLE SOURCE contract action to Wolters Kluwer Health, Inc., for the acquisition of annual maintenance renewal for Stedman's Plus Medical/Pharmaceutical Spell Checker. Wolters Kluwer Health, Inc. is the only source capable of providing the requirement. This is a combined synopsis/solicitation for commercial items in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation is a Request for Quotation (RFQ) under Number RFQ-NAS-0038-2013. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Regulation Circular 2005-61(a). The procurement action is not a set-aside as it is a sole source requirement. The North American Industrial Classification System (NAICS) code is 511210 and the small business size standard is $25.0 million. All responsible sources may submit a capability statement, proposal or quotation which shall be considered by the agency. This notice is not a request for competitive quotes. Line Item: 1) ISBN 9781451146844: Stedman's Plus Version 2012 Medical/Pharmaceutical Spell Checker, ASCII Word List for 4,964 Current Users. Quantity: 1, Unit: Year (Yearly Renewal from 10/01/2012 through 09/30/2013). Annual maintenance renewal shall include all new software releases, system updates, program temporary fixes, documentation updates and toll free hotline support, 24 hours per day, seven (7) days per week for system software assistance for the maintenance renewal. There are no additional new user licenses. This maintenance renewal is essential to the BOP electronic medical records system. The resulting contract will be issued for one year to provide the software maintenance services required to assure daily operations at the BOP. The National Acquisitions & Systems Section intends to make a single award of a firm-fixed price to Wolters Kluwer Health, Inc., 351 West Camden Street, Baltimore, MD 21205. This order is issued FOB destination. The delivery address is as follows: Federal Bureau of Prisons 320 First Street, NW HOLC Building - Room #354 Washington, DC 20534 Attn: Mr. Earl Franks, Chief, Information Technology Planning and Administration CONTRACT PROVISIONS: The provision at Federal Acquisitions Regulation (FAR) 52.212-1, Instructions to Offerors - Commercial Items (FEB 2012), applies to this acquisition. The terms and conditions for the following provisions are hereby incorporated into this solicitation as an addendum to FAR Provision 52.212-1. 52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with this quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.acquisition.gov/far. FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (APR 2012) TAILORING: In accordance with FAR 12.302(a), the provision at 52.212-1 is hereby tailored to modify the provision as follows: Delete paragraphs (h) and (i) as they have been determined to be non-applicable to this solicitation. The following provisions are incorporated into the solicitation in full text: 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification (Feb 2009) (a) The offeror shall check the following certification: Certification The offeror _____ does ______ does not certify that- (1) The items of equipment to be serviced under this contract are used regularly for other than Government purposes, and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontractor) in substantial quantities to the general public in the course of normal business operations; (2) The services will be furnished at prices which are, or are based on, established catalog or market prices for the maintenance, calibration, or repair of equipment. (i) An "established catalog price" is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public. (ii) An "established market price" is a current price, established in the usual course of trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror; and (3) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract are the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (b) Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services. If the offeror certifies to the conditions in paragraph (a) of this provision, and the Contracting Officer determines in accordance with FAR 22.1003-4(c)(3) that the Service Contract Act- (1) Will not apply to this offeror, then the Service Contract Act of 1965 clause in this solicitation will not be included in any resultant contract to this offeror; or (2) Will apply to this offeror, then the clause at 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements, in this solicitation will not be included in any resultant contract awarded to this offeror, and the offeror may be provided an opportunity to submit a new offer on that basis. (c) If the offeror does not certify to the conditions in paragraph (a) of this provision- (1) The clause in this solicitation at 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements, will not be included in any resultant contract awarded to this offeror; and (2) The offeror shall notify the Contracting Officer as soon as possible, if the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation. (d) The Contracting Officer may not make an award to the offeror, if the offeror fails to execute the certification in paragraph (a) of this provision or to contact the Contracting Officer as required in paragraph (c) of this provision. (End of provision) Faith based and community based organizations can submit quotes equally with other organizations for contracts for which they are eligible. Offers are advised to include a completed copy of the provisions at 52.212-3, Offeror Representations and Certifications-Commercial Items, with its offer. CONTRACT CLAUSES: ADDENDUM TO FAR 52.212-4, Contract Term and Conditions-Commercial Items (FEB 2012) The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4. 52.252-2 Clauses incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(s): www.acquisition.gov/far. FAR 52.212-4; 52.209-6; 52.204-7. The following clauses although incorporated by reference into the solicitation will be incorporated into a resultant contract in full text with applicable fill-in information as noted: 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (AUG 2012)- (b)(4) 52.204-10, (6) 52.209-6, (23) 52.219-28, (26) 52.222-3, (27) 52.222-19, (28) 52.222-21, (29) 52.222-26, (31) 52.222-36, (38) 52.223-18, (42) 52.225-13, (47) 52.232-33, (c) (5) 52.222-51. The following clauses are incorporated into the solicitation in full text: 52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004) For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commitment, individuals or contractor employees providing services must have: 1. Legally resided in the United States (U.S.); 2. worked for the U.S. overseas in a Federal or military capacity; or 3. been a dependent of a Federal or military employee serving overseas. If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current information regarding allied countries: http://www.opm.gov/employ/html/citizen.htm By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction. [End of Clause] DEPARTMENT OF JUSTICE 26540.2F (NOV 2008) Department of Justice (DOJ) Order 2640.2F prohibits the use of non-U.S. citizens in the performance of this contract or commitment for any position that involves access to or assisting in the development, operation, management, or maintenance of any DOJ Information Technology System. By signing this contract or by beginning performance, the contractor agrees to this restriction. (End of Clause) 52.24-403-70 NOTICE OF CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (OCT 2005) Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I. 1. Long-Term Contractor Personnel: In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 contractor employee whose background investigation (BI) process begins on or after October 27, 2005: a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form I-9, OMB No. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture ID); b. Contractor Personnel must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed sometime during the clearance process but prior to badge issuance and must be documented by the DOJ official; c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position. Outlined below are the minimum BI requirements for each risk level: • High Risk - Background Investigation (5 year scope) • Moderate Risk - Limited Background Investigation (LBI) or Minimum Background Investigation (MBI) • Low Risk - National Agency Check with Inquiries (NACI) investigation d. The pre-appointment BI waiver requirements for all position sensitivity levels are a: 1) Favorable review of the security questionnaire form; 2) Favorable fingerprint results; 3) Favorable credit report, if required; 4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level; and 5) Favorable review of the National Agency Check (NAC) 4 portion of the applicable BI that is determined by position sensitivity/risk level. A badge may be issued following approval of the above waiver requirements. If the NAC is not received within five days of OPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau of Investigation Criminal History Check (i.e., fingerprint check results). e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges issued under these procedures will be suspended or revoked. 2. Short-Term Contractor Personnel: It is the policy of the DOJ that short-term contractors having access to DOJ information systems and/or DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items 1(a) and 1(b) above. The pre-appointment waiver requirements for short-term contractors are: a. Favorable review of the security questionnaire form; b. Favorable fingerprint results; c. Favorable credit report, if required;5 and d. Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commensurate BI does not need to be initiated. A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of issuance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PIV-I identity proofing process. For example, if a contractor employee requires daily access for a three or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a second request is submitted for the same contractor employee within a twelve-month period for the purpose of extending the initial contract or for employment under a totally different contract for another three or four-week period, this contractor would now be considered "long-term" and must be cleared according to the long-term requirements as stated in this interim policy. 3. Intermittent Contractors: An exception to the above-mentioned short-term requirements would be intermittent contractors. a. For purposes of this policy, "intermittent" is defined as those contractor employees needing access to DOJ information systems and/or DOJ facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For example, the water delivery contractor that delivers water one time each week and is working on a one-year contract. b. Contractors requiring intermittent access should follow the Department's escort policy. Please reference the August 11, 2004, and January 29, 2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted access. c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contractor, the same pre-employment background investigation waiver requirements that apply to short-term contractors are required. d. If an intermittent contractor is approved for unescorted access, the contractor will only be issued a daily badge. The daily badge will be issued upon entrance into a DOJ facility or space and must be returned upon exiting the same facility or space. e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year. 4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated BI meeting HSPD-12 and DOJ's BI requirements. 5. The DOJ's current escorted contractor policy remains unchanged by this acquisition notice. Notes: 1. FIPS 201 is available at: www.csrc.nist.gov/publications/fips/fips201/FIPS-201-022505.pdf 2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-I identity proofing process, including initiation and adjudication of the required background investigation, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-II) requires badge issuance to all affected long-term contractors. 3. For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package. 4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations to OPM. Per OPM's instructions, to obtain an Advance NAC Report, a Code "3" must be placed in block " B " of the " Agency Use Only " section of the investigative form. This report is available for all case types. 5.For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package. [End of Clause] 52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA OR OTHER NATIONAL EMERGENCY (MAY 2008) During a Pandemic or other emergency we understand that our contractor work force will experience the same high levels of absenteeism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in Government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods. The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce. Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation. The types of actions a federal contractor should reasonably take to help ensure performance are: • Encourage employees to get inoculations or follow other preventive measures as advised by the public health service. • Cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services where telework is not an option. • Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful remote work in an emergency. • Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency. • Establish communication processes to notify employees of activation of this plan. • Integrate pandemic health crisis response expectations into telework agreements. • With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period). Security concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropriate. • Determine how all employees who may telework will communicate with one another and with management to accomplish work. • Practice telework regularly to ensure effectiveness. • Make it clear that in emergency situations, employees must perform all duties assigned by management, even if they are outside usual or customary duties. • Identify how time and attendance will be maintained. It is the contractor's responsibility to advise the Government Contracting Officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her absence, another responsible person in the contracting office via telephone or email messages acknowledging the contractor's notification. The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations. The Department does reserve the right in such emergency situations to use Federal employees, employees of other agencies, contract support from other existing contractors, or to enter into new contracts for critical support services. Any new contracting efforts would be acquired following the guidance in the Office of federal Procurement Policy issuance "Emergency Acquisitions", May, 2007 and Subpart 18.2. Emergency Acquisition Flexibilities, in the Federal Acquisition Regulations. [End of Clause] 52.232-99 Providing Accelerated Payment to Small Business Subcontractors (Deviation) (AUG 2012) This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012. (a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor. (b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns. (c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (End of Clause) ADDITIONAL CONTRACT REQUIREMENTS: Contractors are advised that the Contracting Officer will verify registration in the System for Award Management database (www.sam.gov) and the company's Representations and Certifications prior to award of any contract by entering the potential awardee DUNS number into the database. Failure to complete the registration may result in elimination from consideration for award. Contractors are further advised to mark each individual item within their offer considered privileged or confidential under the Freedom of Information Act with notification that the data is considered confidential and privileged and not subject to mandatory disclosure under the FOIA. SUBMISSION OF OFFERS: Must include the following information (A form has been provided which you can use to submit with your quotation): The combined synopsis/solicitation will be distributed solely through the website at www.fedbizopps.gov. All future information concerning this acquisition including amendments will be distributed through the website. Quotes are due by November 21, 2012, at 4:00 p.m. (EST) to egorman@bop.gov or mail to the Federal Bureau of Prisons, 320 First Street, NW (5005), Attention: Elizabeth S. Gorman, Contract Specialist, Washington, DC 20534.
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/DOJ/BPR/PPB/RFQ-NAS-0038-2013/listing.html)
 

Place of Performance

Address: Federal Bureau of Prisons, 320 First Street, NW, HOLC Building, Room #354, Attn: Earl Franks, Chief, Information Technology Planning and Administration, Washington, District of Columbia, 20534, United States

Zip Code: 20534
 

Record

SN02925241-W 20121108/121106234130-403ec17527f86a07966f4ec52475f47b (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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