Request for Quotation (RFQ) – Earbuds with delivery to various locations in DMV area

RFQ NO. 001-21

RFQ Issuance Date: April 22, 2021

RFQ Submission Due Date: May 6, 2021

RFQ Questions Deadline Date: April 29, 2021

Scope of Work

Meridian is seeking to obtain Quotations from qualified vendors for 100 to up to 2,000 units of earbuds to be delivered to various address in the Washington, D.C. (DMV) area. Offerors should submit the best prices for the below-stated product specifications and provide a firm-fixed price for unit price per item, in increments of 100 units and 2,000 units.

Product Specifications

  • The earbuds should connect to a computer, tablet, mobile phone, or other device using Bluetooth technology.
  • They must have a microphone so that users can use them to both listen and speak during meetings and events.
  • They must offer at least four hours of playback time to ensure they will last for the duration of a meeting or event.
  • The earbuds must have a company logo printed somewhere on the product. The logo must be on the earbuds themselves or on the case.
  • The company selected to produce the earbuds will need to be able to split bulk order and ship the earbuds to various addresses in the DMV area.

Please specify for us the following, as applicable:

  • Unit price per item, in increments of 100 units and 2,000 units
  • Shipping costs and other add-on charges
  • Policy for modifications and/or returns
  • Length of time for which pricing is provided (i.e. ‘quoted pricing is good for 12 months.’)
  • Options for languages of instructions

Awarding the Quote/Contract

  • The company must be able to provide artwork/mock-ups showing how the logo would look on the selected product.
  • The company must be able to send samples, preferably with sample logos. These samples must meet all product specifications.
  • If product is selected from samples, there will be a pilot program of 100 earbuds purchased to test functionality, shipping, etc.
  • If the pilot program is successful, then up to 2,000 earbuds will be purchased for distribution.
  • Success is defined as significant functionality and achievement of anticipated shipping deadlines, as determine by the clients.
  • Open period for vendor questions 2 weeks from receipt of request.
  • Anticipated award date for Pilot Program: Friday, May 28th, 2021

Questions and Quote Submission

All inquiries and requests for information regarding this RFQ must be submitted via email to specialprojects@meridian.org no later than the question/inquiry submission deadline on the first page of this RFQ.

Reference the RFQ Number. 001-21 in all questions/inquiries/quotation submission in the subject line of the email

Offerors should submit quotations no later by Thursday, May 6th, 2021 via email to specialprojects@meridian.org

Contractual General Terms

Your quote must remain valid for a period not less than 90 days after the deadline date specified for submission.

Meridian reserves the right to accept or reject any quotations, cancel the bidding process and to reject all quotations at any time prior to the award of the contract. The following provisions apply to this Agreement as federal regulation and/or statute:

DATA PROCESSING AGREEMENT and OTHER CONTRACTUAL PROVISIONS

A. DATA PROCESSING AGREEMENT

In the event that the services contracted through this Agreement include the transfer or processing of Personal Data, Contractor ensures through this DPA that it has implemented applicable technical and organizational measures in such a way that its processing of Personal Data will comply fully with applicable Data Protection Law.

Definitions

“Data Protection Law” means EU Data Protection Laws including GDPR and, to the extent applicable, the data protection of privacy laws of any other country. The terms “controller,” “processor,” “process,” “processes,” and “processed” will be construed accordingly.

“GDPR” means EU General Data Protection Regulation 2016/679.

“Personal Data” means any information relating to an identifiable individual that is processed by Contractor on behalf of Meridian in connection with services defined under the Agreement.

“Data Subject” means the individual to whom Personal Data belongs.

“Data Transfer” means 1) a transfer of Personal Data from Meridian to Contractor and/or 2) an onward transfer of Personal Data from Contractor to a subcontractor.

“Personal Data Breach” means a breach of security leading to the accidental or unlawful loss, destruction, or unauthorized disclosure of, or access to, Personal Data held or processed by Contractor.

Scope and Processing of Personal Data

Contractor will comply with all applicable Data Protection Laws in the processing of Personal Data while providing the services defined in the Agreement. Contractor will not process Personal Data other than on Meridian’s specific documented instructions.

Contractor may be processing special categories of data defined under GDPR (“Sensitive Data”), depending on the services outlined in the Agreement.  Sensitive Data includes racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health, or data concerning an individual’s sexual orientation.

Confidentiality

Contractor will ensure that any person authorized to process Personal Data (including staff, volunteers, agents, and subcontractors) is provided access on a strict need-to-know basis and is subject to an obligation of confidentiality under organizational policy or statutory mandate.

Security

Contractor will maintain organizational and technical security measures appropriate to their assessed risk of accidental or unlawful loss, destruction, or unauthorized disclosure of Personal Data. Such measures may include hardware and software protection, firewalls, secure storage, access controls, breach detection, encryption, or password protection of Personal Data during Data Transfer or at rest.

Subprocessing or Data Transfer

Contractor will not contract a subprocessor, or further disclose or transfer Personal Data, unless authorized by Meridian through documented instruction.

Data Subject Rights

Contractor will provide reasonable assistance to enable Meridian to respond to any request by Data Subjects exercising their rights under applicable Data Protection Law.

GDPR Data Subject rights include:

  1. Right of access: Data Subjects can access their data at any time and have the right to know how the business is using it. A copy of the data must be given to the Data Subject free of charge and in electronic form if requested.
  2. Right to be forgotten: Data Subjects can withdraw their consent for a business to use their data and request for it to be permanently removed.
  3. Right to data portability: Data Subjects can request for their data to be transferred to another provider and the business must carry this out via a commonly used, accessible, readable format for the individual.
  4. Right to be informed: Data Subjects must be notified by the business before they gather Personal Data on the individual, and this must be done via a transparent opt-in process where the individual gives consent. Additional Data Subject rights apply to automated individual decision-making and profiling.
  5. Right to rectification: Data Subjects have the right to amend or update data that is related to them.
  6. Right to restrict processing: Data Subjects can restrict processing of their data. This means their records can remain in place with the business but must not be used.
  7. Right to object: Data Subjects have the right to stop their data from being processed. The business must immediately stop using the individuals’ data after receiving the request.
  8. Right to be notified of a breach: If a breach occurs in the business and the individuals’ data is at risk of being compromised, the business must inform the Data Subject within 72 hours of the breach.

If such a request is made directly to Contractor, it will promptly inform Meridian and will advise the Data Subject to submit their request to Meridian.  Meridian will be solely responsible for responding to any Data Subject request under applicable Data Protection Law.

Personal Data Breach

Contractor will notify Meridian immediately but within no more than 36 hours upon becoming aware of a Personal Data Breach affecting Personal Data, providing Meridian with all information required by Meridian to inform Data Subjects and appropriate regulators of the Personal Data Breach under relevant Data Protection Laws. Contractor will take all reasonable efforts, as directed by Meridian, to assist in the investigation, mitigation, and remediation of each Personal Data Breach.

Deletion or Return of Personal Data

Contractor will delete all copies, in all formats, of Personal Data held or processed under the Agreement either 1) within ten (10) business days of the end date of the Agreement or 2) at the time that a program final report is submitted to Meridian, if applicable.

If Contractor wishes to retain some or all of the Personal Data following the Agreement end date to use for its own purposes, fully unrelated to and independent of the Agreement, Contractor assumes all responsibilities of Data Controller, as defined under Data Protection Law. This includes but is not limited to issuing appropriate disclosures to all impacted Data Subjects, obtaining and tracking consent for data use, and ensuing compliance with all regulatory obligations of a Data Controller under Data Protection Law. In this case, the Contractor must either 1) provide a written certification that the appropriate disclosures, privacy statements, and consents have been implemented within ten (10) days of the end date of the Agreement, or 2) certify in the final program report when submitted to Meridian, if applicable, that the appropriate disclosures, privacy statements, and consents will be implemented. If such certification is not produced, the Contractor must delete all Personal Data held under the Agreement.

Audits

Meridian has the right to audit Contractor’s activities in order to ensure appropriate security and confidentiality measures and compliance with Data Protection Law as applied to Personal Data. Contractor will make available to Meridian on request all information necessary to demonstrate compliance with all terms of this DPA.

B. OTHER CONTRACTUAL PROVISIONS

The following provisions apply to this Agreement as federal regulation and/or statute:

  • Debarment and Suspension

Contractor certifies that it will comply with subpart C of the OMB guidance in 2 CFR § 180, OMB Guidelines To Agencies On Governmentwide Debarment And Suspension (Nonprocurement) and will include a similar term or condition in any covered transaction into which it enters at the next lower tier.

  • Lobbying Certification

Contractor certifies, to the best of its knowledge and belief, that:

  1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract; the making of any Federal grant; the making of any Federal loan; the entering into of any cooperative agreement; and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
  2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
  3. Contractor will require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients will certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.  Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 USC 1352.  Any person who fails to file the required certification may be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

  • Audit

Meridian, the U.S. Government, the Comptroller General of the United States, or any of their duly authorized representatives will have access to any books, documents, papers, and records of Contractor that are directly pertinent to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions.

  • Funding

Contractor acknowledges that funding for this Agreement is pursuant to funding provided to Meridian by U.S. governmental sponsors, and Meridian’s obligations to make payments under this Agreement are contingent on continued funding and approval of this Agreement by such sponsors.

  • Trafficking in Persons and Related Activities

Contractor certifies that it will comply with applicable provisions of 2 CFR § 175, Award Term for Trafficking in Persons, which establishes a Government-wide award term for grants and cooperative agreements to implement the requirement in paragraph (g) of section 106 of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 USC § 7104(g)).  In particular, Contractor, its subrecipients, and its subrecipients’ employees may not (i) engage in severe forms of trafficking in persons during the period of time that the Agreement is in effect, (ii) procure a commercial sex act during the period of time that the Agreement is in effect, or (iii) use forced labor in the performance of the Project.  (Terms are defined in 2 CFR § 175.)

  • Executive Order 13224 on Terrorist Financing

U.S. Executive Orders and U.S. law prohibit transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism.  It is the legal responsibility of Contractor to ensure compliance with these Executive Orders and laws.  Contractor confirms that it will take reasonable steps to ensure that none of the funds under this Agreement will be used in support of or to promote violence, terrorist activity, or related training, whether directly through Contractor’s own activities and programs or indirectly through support of, or cooperation with, other persons or organizations known to support terrorism or that are involved in money laundering activity.

  • Prohibition on certain telecommunication and Video surveillance services or equipment:

Section 889(a)(1) of the National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits any U.S. Government contractor (such as Meridian) from using, or providing to the Government, any equipment, system, or service that uses covered telecommunications equipment or services, as a substantial or essential component of any system, or as critical technology as part of any system, as more specifically described in Federal Acquisition Regulation (FAR) clause 52.204-25 “Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.” The Contractor certifies that any equipment, system, or service that it delivers or provides to Meridian will not use any covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. These terms shall flow down to any subrecipient or subcontractor.

  • Additional Laws and Regulations Applicable to Receipt of Federal Grant or Cooperative Agreement Funds

Funding for this Agreement may be provided in whole or in part by one or more U.S. Government funding agencies. As a result, Contractor/Subrecipient shall comply with the applicable laws and regulations listed below, the entire terms and conditions of which are fully incorporated herein and can be accessed at 2 C.F.R. Part 200, Subpart F, Appendix II and in referenced regulations. These terms flow down to any subcontractor or subrecipient

-Equal Employment Opportunity (E.O.s 11246 and 11375, and 41 C.F.R. Part 60)

-Davis-Bacon Act, as amended (40 U.S.C. 3141-3148)

-Copeland “Anti-Kickback” Act (40 U.S.C. 3145)

-Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3703)

-Rights to Inventions Made Under a Contract or Agreement (37 C.F.R. Part 401)_

-Clean Air Act (42 U.S.C. 7401 et seq. and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended

-Debarment and Suspension (E.O.s 12549 and 12689)

-Byrd Anti-Lobbying Amendments (31 U.S.C. 1352)

-Procurement of recovered materials (78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014)

-Support for domestic preferences for procurement (2 CFR 200.322):

Contractor is to provide a preference for the purchase, acquisition and use of goods, products or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products) when making procurements that will be directly charged to a Federal award/contract. For purposes of this term:

  1. ‘‘Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initialmelting stage through the application of coatings, occurred in the United States.
  2. ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of non-ferrous metalssuch as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

-Never Contracting with the enemy (2 CFR 183):

Contractor is prohibited from entering into contracts with persons or entities that are actively opposing United States or coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities, and where the contemplated work a) exceeds $50,000 and b) is performed outside the United States.