PRESOL | R | Economic Analysis - Statement of Work and Attachments

FBO DAILY ISSUE OF OCTOBER 13, 2012 FBO #3976
SOLICITATION NOTICE

R -- Economic Analysis - Statement of Work and Attachments

Notice Date: 10/11/2012
Notice Type: Combined Synopsis/Solicitation
NAICS: 541611 — Administrative Management and General Management Consulting Services
Contracting Office: Securities and Exchange Commission, Office of Acquisitions, Office of Acquisitions, 100 F Street, NE, MS-4010, Washington, District of Columbia, 20549, United States
ZIP Code: 20549
Solicitation Number: SEC67000128010B
Point of Contact: Dan Taylor, , Gabriel G. Aviles,
E-Mail Address: taylorda@sec.gov, avilesg@sec.gov
(taylorda@sec.gov, avilesg@sec.gov)
Small Business Set-Aside: N/A
Description: SOW Attachment 6 - Credit Release Form SOW Attachment 5 - OF-306 Declaration of Federal Employment SOW Attachment 4 - Contractor Data Form SOW Attachment 3 - AUD Contractor Checklist SOW Attachment 2 - NDA Contract Personnel SOW Attachment 1 - NDA Contractor Entity RFP Attachment 4 - Travel Breakout RFP Attachment 3 - Section B Summary Spreadsheet RFP Attachment 2 - Past Performance Questionnaire RFP Attachment 1 - Statement of Work (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, and supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Proposals are being requested and a written solicitation will not be issued. The Government intends to award a contract for the assessment of the SEC's rule-writing divisions and offices compliance with current guidance and ensure current guidance is incorporated into the economic analysis of rulemaking for Public Company Accounting Oversight Board (PCAOB), Financial Industry Regulatory Authority (FINRA), and other Self-Regulatory Organizations (SROs) under the Commission's jurisdiction. The Statement of Work for required services is included herein (Attachment 1) and will be procured in accordance with FAR Parts 12 and 15. (ii) Request for Proposal (RFP) number SEC67000128010B is assigned to this requirement and is issued as an RFP. (iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-61. (iv) The North American Industry Classification System (NAICS) code is 541611 and the Small Business standard size is $14M. The Small Business Competitive Demonstration Program is not applicable. (v) See Section B Summary Spreadsheet - Supplies or Services and Prices/Costs for CLIN structure. See Travel Breakout Spreadsheet for logging travel expenses. (vi) The U.S. Securities and Exchange Commission (SEC) intends to award a contract for the assessment of the SEC's rule-writing divisions and offices compliance with current guidance and ensure current guidance is incorporated into the economic analysis of rulemaking for Public Company Accounting Oversight Board (PCAOB), Financial Industry Regulatory Authority (FINRA), and other Self-Regulatory Organizations (SROs) under the Commission's jurisdiction. (vii) Place of Performance will primarily be on-site at the following SEC address: Securities and Exchange Commission (Headquarters) Office of Inspector General 100 F Street, NE Washington, DC 20590 Office space at the SEC's headquarters location identified above will be provided to the staff to perform their work. Delivery is FOB Destination. The period of performance for the contract is from date of award through March 31, 2013. The anticipated contract award date is October 30, 2012. (viii) The following FAR clauses apply to this solicitation. Offerors may obtain full text versions of these clauses electronically at http://farsite.hill.af.mil/. FAR 52.212-1, Instructions to Offerors-Commercial Items (Feb 2012). 52.212-1 Instructions to Offerors - Commercial Items (Feb 2012) Parties responding to this solicitation who believe they can provide the service described herein may submit their proposals in accordance with their standard commercial practices (e.g., on company letterhead, formal proposal form, etc.) but must include the following information: 1) company's complete mailing and remittance addresses; 2) discounts for prompt payment if applicable; 3) Dun & Bradstreet number; 4) Taxpayer ID number; 5) copy of Central Contractor Registration (https://www.sam.gov); 6) copy of Representations and Certifications from ORCA (https://www.sam.gov); 7) pricing in accordance with the CLINs specified herein (see Schedule B - Supplies or Services and Prices/Costs); 8) narrative addressing capability to provide the services in accordance with the requirements of the statement of work; and 9) past performance in accordance with instructions below. Each offeror is requested to submit one (1) electronic copy of your firm's proposal via email to taylorda@sec.gov and carbon copy (cc) to avilesg@sec.gov. The electronic copy of your proposal is due no later than 2:00 pm Eastern Standard Time, on October 22, 2012. LATE PROPOSALS MAY NOT BE ACCEPTED. Questions regarding this Request for Proposal (RFP) must be submitted in writing and sent via email to the attention of the Contract Specialist, Daniel Taylor, at taylorda@sec.gov and carbon copy (cc) Gabriel G. Aviles at avilesg@sec.gov no later than 2:00 p.m. Eastern Standard Time on October 15, 2012. Questions received after that date/time may not be addressed. All proposal submissions must include the following information (preferably to be provided on the proposal submission cover letter (not included in the page limitation) : a) Dun & Bradstreet Number (DUNS) b) Contact Name c) Contact Email address d) Contact telephone and fax number e) Complete business mailing address VOLUME 1 - TECHNICAL PROPOSAL: The Offeror's technical submission should demonstrate the firm's capability to perform the requirements outlined in the solicitation. Offerors shall provide a technical proposal that includes the following three (3) general areas/factors: A. Technical Approach and Understanding B. Management Approach and Capabilities C. Past Performance Technical Approach and Understanding The Offeror must define their technical approach that satisfies the requirements defined in the Statement of Work (SOW). The Offeror's technical approach should include the following: 1) discussion of the background, objectives, and work requirements of the SOW; 2) discussion of proposed methods and techniques for completing each task; 3) discussion which supports how each task will be evaluated for full performance and acceptability of work from the Offeror's perspective; and 4) discussion of any anticipated major difficulties and problem areas, along with potential recommended approaches for their resolution. Management Approach and Capabilities The Offeror's management approach shall include a Project Management Plan that is simple, easy to read and clearly describes project personnel and responsibilities, any proposed subcontracting arrangements, communication and coordination plans, schedules of all tasks and subtasks, meetings, and deliverables. The Offeror's labor mix required to conduct the tasks and produce any deliverables must be identified. The Offeror's management approach shall include all key personnel and a description of the firm's current personnel resources. The personnel portion of your proposal shall include: A. Resumes with a description of the experience and capability for the key personnel proposed for your project. Descriptions shall address such items as the individual's background, education, work experience and accomplishments. Show the knowledge that the personnel have gained through completed and ongoing efforts that are similar in nature to this effort. Each resume should be limited to three (3) pages and; B. Letter of Commitment for proposed key personnel; C. A staffing plan with a description of the Offeror's current personnel resources for this activity, which addresses the Offeror's capabilities and experience relating to the SOW. D. The Subject Matter Experts proposed for the SOW shall have at least two (2) years of intimate and expert knowledge in economic analysis and be well-versed in econometric modeling and SEC's rulemaking. E. The proposed Writer/Editor must possess strong writing skills and shall have at least two (2) years of direct experience in writing and editing workpapers and reports. Offerors must demonstrate that both your firm and personnel can successfully complete this project. Past Performance The Government will evaluate relevant past performance of each proposal. The Offeror shall identify three (3) current/previous contracts/task orders with the Federal Government that demonstrate recent and relevant past performance. Recent is defined as within the last two (2) years. Relevant is defined as work similar in complexity and magnitude to the work identified in the SOW. Please include the following information: a) Project Title. b) Description of the Project. c) Contract Type. d) Contract/Task Order Number. e) Contract/Task Order Amount. f) Government Agency/Organization. g) COR's name, address, phone number and email address. h) Contracting Officer's name, address, telephone number and email address. i) Current status, e.g. completed and/or in progress, start and estimated completion dates. j) Key personnel, please identify those individuals who worked on the relevant project and are also proposed for this effort. k) A brief narrative of why your firm believes this reference is relevant to the proposed task. The Offeror must complete the part of the Past Performance Questionnaire that is attached to this Request for Proposal (Attachment 2) and provide it to no more than three (3) references (government or industry). The references are expected to submit the Past Performance Questionnaire by email to Daniel M. Taylor at taylorda@sec.gov no later than the closing date/time of the RFP. It is the responsibility of the Offeror to ensure that the Past Performance Questionnaire is returned to the correct email address no later than the RFP closing date/time. Page Limitation: The technical quote submission shall be limited to fifteen (15) one-sided pages, excluding the resumes and letters of commitment for proposed personnel. Quoters shall not include any price information in the technical quote. VOLUME 2 - PRICE PROPOSAL: This is a Firm Fixed Price contract. All labor categories will be billed as fixed hourly rates. Any other direct costs will be considered as cost-reimbursable items. For the purposes of proposing, the Government estimates the level of effort required for fulfilling the contract as follows: Base Period - 570 estimated hours Offerors shall use their independent judgment in determining the labor mix and SHALL USE the level of effort identified above to price the requirements identified in the SOW. Each Offeror shall submit a price proposal separate from the technical proposal. The price proposal shall include the following: a) Completed signed copy of the proposal. The Offeror shall indicate the price to be charged for each item in Section B rounded to the nearest whole dollar. b) Completed below Tables, Table 1 and Table 2, and Section B Summary Spreadsheet (Attachment 3) in Microsoft Excel format or compatible. c) Fixed hourly rates shall be fully burdened and include all costs (direct and indirect), overhead, and profit. d) Offerors are strongly encouraged to offer discounts off their published rates. Identify by percentage any discounts or price reductions offered. e) Proposed other direct costs (ODCs) for travel in support of this contract shall not exceed $20,000. Accordingly, each Offeror shall propose a minimum ODC-Travel amount of $20,000. The Offeror shall complete the attached Travel Breakout spreadsheet (Attachment 4) in the event out-of-state travel is needed to meet the SOW requirements. f) If applicable, Subcontractor and/or Teaming Partner Supporting Documentation. Both teaming and subcontracting are permissible under this RFP. If a teaming arrangement is proposed, each teaming partner shall provide a copy of their respective proposals to the prime contractor. If subcontracting is proposed, the prime contractor shall disclose to the Government's Contracting Officer (CO) a copy of the subcontract pricing, terms and conditions, or teaming agreement. The Government will evaluate the acceptability of any subcontracting or teaming arrangement as part of its evaluation of price. Failure to provide complete supporting documentation may result in no further consideration of the Offeror's proposal. Subcontractors may submit proprietary data directly to the Contracting Officer or through the prime contractor in a separate e-mail correspondence. g) Offerors shall submit on-site and off-site hourly rates in the format identified in the below table. Table 1 - Line Item Table Number of Hours Hourly Rate Period of Performance: Date of Award - 3/31/2013 Position On-site Off-site On-Site Off-site Table 2 -- Labor Categories and Rate Table Period of Performance: Date of Award - 3/31/2013 Labor Category Rate Discounted Hourly Rate (ix) 52.212-2, Evaluation-Commercial Items (Jan 1999). The Government intends to award based on the following criteria: EVALUATION CRITERIA AND BASIS FOR AWARD A single award will be made to the responsible Offeror submitting an overall proposal that is determined most advantageous to the Government, price and non-price factors considered. Award will be made to the Offeror whose proposal meets the Government's requirements and whose technical proposal and price represent the best value to the Government. The Government also reserves the right to make no award pursuant to this solicitation. The evaluation of proposals will be based on the following factors: A. Technical Approach and Understanding B. Management Approach and Capabilities C. Past Performance D. Price (Non-Rated) Technical Approach and Understanding is more important than Management Approach and Capabilities, which is more important than Past Performance. When combined, the technical evaluation factors of (A) Technical Approach and Understanding, (B) Management Approach and Capabilities, and (C) Past Performance are significantly more important than price. As the technical proposals become more equal, price becomes more important in making the award determination. In the event that two or more proposals are determined not to have any substantial technical differences (i.e. are technically equivalent), award may be made to the lower priced proposals. It should be noted that award may be made to other than the lowest priced proposal if the Government determines that a price premium is warranted due to technical merit. The Government may also award to other than the highest technically rated proposal, if the Government determines that a price premium is not warranted. EVALUATION OF FACTORS Technical Proposal Technical proposal submitted in response to this RFP will be evaluated as follows: 1) Technical Approach and Understanding - the degree to which the Offeror effectively demonstrates a knowledge, understanding, and technical ability to successfully perform the requirements of the SOW. Additionally, the appropriateness, soundness and reasonableness of the Offeror's problem resolution approach will be assessed. 2) Management Approach and Capabilities - the demonstrated effectiveness of the Offerors general management approach to providing personnel and all requirements of the SOW; and the adequacy and appropriateness of the proposed Project Management Plan. 3) Past Performance - will assess the relevance, breadth and quality of the Offeror's recent past performance on similar type of work. The Government will evaluate the quality of the Offeror's past performance based on the past performance references provided in the Offeror's submission and/or other information obtained from references provided by the Offeror, as well as other relevant past performance information obtained from other sources known to the Government. The Government reserves the right to perform customer surveys only for those contracts which are deemed by the Government to be most relevant to this procurement. An Offeror without a record of past performance or for whom information on relevant past performance is not available will be evaluated as neutral. Price Proposal The Offeror's proposed pricing will be evaluated against the Government's estimated level of effort. The Government expects to receive price competition through the submission of several price proposals. Offeror's shall propose fixed unit prices that are both realistic and reasonable. (x) 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 address: http://www.arnet.gov/far. FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (Apr 2012). Quoters shall provide representations and certifications (FAR 52.212-3) electronically via the BPN website (www.sam.gov). A copy of the on-line representations and certifications submission shall be included in the offeror's response. (xi) 52.212-4, Contract Terms and Conditions-Commercial Items (Feb 2012), applies to this acquisition. (xii) 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items (Aug 2012) applies to this acquisition. (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). ____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). ___ (2) 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)). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). _X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). _X_ (6) 52.209-6, Protecting the Government' Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note). _X_ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313). ___ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). ___ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (11) [Reserved] ___ (12) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). ___ (ii) Alternate I (Nov 2011). ___ (iii) Alternate II (Nov 2011). ___ (13) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. _X_ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). ___ (15) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637 (d)(4).) ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (iv) Alternate III (July 2010) of 52.219-9. ___ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). ___ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). ___ (18) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ___ (ii) Alternate I (June 2003) of 52.219-23. ___ (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (21) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). _X_ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)). ___ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)). ___ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)). _X_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). ___ (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). _X_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X_ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). _X_ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). _X_ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). _X_ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X_ (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (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.) ___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (37) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). ___ (ii) Alternate I (Dec 2007) of 52.223-16. _X_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011). ___ (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d). ___ (40) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (May 2012) (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, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, and 112-42). ___ (ii) Alternate I (Mar 2012) of 52.225-3. ___ (iii) Alternate II (Mar 2012) of 52.225-3. ___ (iv) Alternate III (Mar 2012) of 52.225-3. ___ (41) 52.225-5, Trade Agreements (May 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (42) 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). ___ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). ___ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X_ (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332). ___ (48) 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332). ___ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). ___ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (51) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). ___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.). ___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). ___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.). ___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). ___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 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)). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.) (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.) (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.) (xii) 52.222-54, Employment Eligibility Verification (Jul 2012). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) 52.204-7, Central Contractor Registration (Aug 2012) 52.217-8, Option to Extend Services (Nov 1999): The Government may require continued performance of any services within the limits and at the rates specified in the contract. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the current period of performance. (End of clause) 52.247-34, F.o.b. - Destination (Nov 1991): (a) The term "f.o.b. destination," as used in this clause, means -- (1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and (2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee. (b) The Contractor shall -- (1) (i) Pack and mark the shipment to comply with contract specifications; or (ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements; (2) Prepare and distribute commercial bills of lading; (3) Deliver the shipment in good order and condition to the point of delivery specified in the contract; (4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract; (5) Furnish a delivery schedule and designate the mode of delivering carrier; and (6) Pay and bear all charges to the specified point of delivery. (End of Clause) (xiii) Contract Financing and Warranty requirements are not applicable. (xiv) Defense Priorities and Allocations System (DPAS) is not applicable. (xv) The due date and time for proposals is Monday, October 22, 2012, at 2:00 P.M. (EST). Late proposals may not be accepted. Proposals shall be delivered electronically via email to Daniel Taylor at taylorda@sec.gov. (xvi) All questions concerning this RFP shall be submitted in writing to Daniel Taylor at taylorda@sec.gov, no later than 2:00 P.M. (EST), Monday, October 15, 2012. Only questions in electronic form (email) will be answered. Questions submitted after the specified date/time may not be addressed. Enclosure(s): 1. Economic Analysis - Statement of Work (SOW) a. Non-Disclosure Agreement - Contractor Entity (Attachment 1) b. Non-Disclosure Agreement - Contract Personnel (Attachment 2) c. AUD Form 25 - Contractor Checklist (Attachment 3) d. Contract Data From (Attachment 4) e. OF-306 "Declaration of Federal Employment (Attachment 5) f. Credit Release Form (Attachment 6) 2. Past Performance Questionnaire 3. Section B Summary Spreadsheet 4. Travel Breakout Spreadsheet
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/SEC/OAPM/PCB/SEC67000128010B/listing.html)
Place of Performance: Address: Securities and Exchange Commission (Headquarters), Office of Inspector General, Washington, District of Columbia, 20590, United States; Zip Code: 20590
Record: SN02912444-W 20121013/121011234258-a6579ce9609b37b3840993ba896c1c79 (fbodaily.com)
Source: FedBizOpps Link to This Notice
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