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FBO DAILY ISSUE OF OCTOBER 18, 2012 FBO #3981
SOLICITATION NOTICE

U -- Business & Computer Fundamentals VT Program - FCC Tucson - Wage Det - SOW - Bus Quest

Notice Date
10/16/2012
 
Notice Type
Combined Synopsis/Solicitation
 
NAICS
611310 — Colleges, Universities, and Professional Schools
 
Contracting Office
Department of Justice, Bureau of Prisons, Field Acquisition Office (FAO), U. S. Armed Forces Reserve Complex, 346 Marine Forces Drive, Grand Prairie, Texas, 75051
 
ZIP Code
75051
 
Solicitation Number
RFPP06151200002
 
Archive Date
1/2/2013
 
Point of Contact
Gil Sveum, Phone: (972) 352-4537, Kelly S Kelly, Phone: 972-352-4540
 
E-Mail Address
gsveum@bop.gov, k1kelly@bop.gov
(gsveum@bop.gov, k1kelly@bop.gov)
 
Small Business Set-Aside
N/A
 
Description
Business Management Questionnaire Statement of Work DOL Wage Determination This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice and is subject to the rules of FAR Part 12 and 15. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This notice constitutes solicitation RFPP06151200002 and is being issued as a Request for Proposal. This notice and any incorporated provisions include those in effect through Federal Acquisition Circular 2005-60. Offers are being solicited from all interested parties. The applicable NAICS code for this acquisition is 611310 and the small business size standard is $7.0 million. The Federal Bureau of Prisons, Field Acquisition Office, Grand Prairie, Texas intends to establish a firmfixed price indefinite-delivery, requirements type contract for the provision of Entrepreneurship, Business & Computer Fundamentals Certificate Vocational Training Program to be rendered for the inmate population incarcerated at the Federal Correctional Complex (FCC) Tucson, located in Tucson, Arizona. A description of the services required is attached to this posting and labeled as Attachment 001. CONTRACT CLAUSES: 52.252-2- Clauses Incorporated by Reference (FEB 1998). A resultant contract will incorporate 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 FAR clause may be accessed electronically at this address: www.acquisition.gov. Full text copies of Justice Acquisition Regulation (JAR) clauses or BOP clauses may be requested in writing from the Contracting Officer. 52.212-4 Contract Terms and Conditions--Commercial Items (FEB 2012) with addendum to incorporate the additional clauses listed below into this solicitation and any resulting contract. 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) 52.204-4 Printed or copied double-sided on recycled paper (MAY 2011) 52.204-7 Central Contractor Registration (AUG 2012) 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.223-5 Pollution Prevention and Right to Know Information (MAY 2011) 52.224-1 Privacy Act Notification (APR 1984) 52.224-2 Privacy Act (APR 1984) 52.228-5 Insurance- Work on a Government Installation (JAN 1997) Workers compensation or Employers liability: $100,000; and Comprehensive General Liability: $500,000 per occurrence for bodily InJury. 52.232-18 Availability of Funds (APR 1984) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) The following clauses will be incorporated into a resultant contract in full text with applicable fill-in information as noted: 52.204-99 System for Award Management Registration (Sept 2012) (Deviation) thru 10/31/12 (a) Definitions. As used in this clause- "Central Contractor Registration (CCR) database" means the retired primary Government repository for Contractor information required for the conduct of business with the Government. "Commercial and Government Entity (CAGE) code" means- (1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or (2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an "NCAGE code." "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities. "Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-chatacter suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-chatacter suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern. "Registered in the SAM database" means that- (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, as well as data required by the Federal Funding Accountability and Transparency Act of2006 (see Subpart 4.14) into the SAM database; (2) The Contractors CAGE code is in the SAM database; and (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active." The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process. "System for Award Management (SAM)" means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes- (1) Data collected from prospective federal awardees required for the conduct of business with the Government; (2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and (3} The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the non procurement common rule by agencies, Government corporations, or by the Government Accountability Office. (b) (1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. (2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4. (3) If indicated by the Government during performance, registration in an alternate system may be required in lieu of SAM. (c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1) A contractor may obtain a DUNS number- (i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or (ii) If located outside the United States, by contacting the local DUN and Bradstreet office. The contractor should indicate that it is a contractor for a U.S. Government contact when contacting the local DUM and Bradstreet office. (2) The Contractor should be prepared to provide the following information: (i) Company legal business name. (ii) Trade style, doing business, or other name by which your entity is commonly recognized. (iii) Company physical street address, city, state and Zip Code. (iv) Company mailing address, city, state and Zip Code (if separate from physical). (v) Company telephone number. (vi) Date the company was started. (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line ofbusiness (industry). (x) Company Headquarters name and address (reporting relationship within your entity). (d) Reserved. (e) Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing. (f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (g) (1) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed name with a minimum of one business day's written notification of its intention to- { A) Change the name in the SAM database; (B) Comply with the requirements of subpart 42.12 of the FAR; and (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. (ii) If the Contractor fails to comply with the requirements of paragraph (g) (1) (i) of this clause, or fails to perform the agreement at paragraph (g) (1) (i) (C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (h) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https:/lwww.acguisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls. (End of Clause) 52.216-18 Ordering (OCT 1995)- (a) from the first day of the effective performance period through the last day of the effective performance period 52.216-19 Order Limitations (OCT 1995)- (a) less than one session; (b) (1) the estimated quantities identified in the Schedule of Items within the current performance period; (b) (2) the estimated quantities identified in the Schedule ofltems within the current performance period; (b) (3) 30 days; (d) 5 days 52.216-21 Requirements (OCT 1995)- (f) after the last day of the effective performance period 52.217-8 Option to Extend Services (NOV 1999) prior to the expiration of the current performance period 52.217-9 Option to Extend the Term ofthe Contract (MAR 2000)- prior to expiration of the current performance period; 60 days; but excluding the exercise of any option under the clause at 52.217-8 which is also incorporated into this contract, shall not exceed five (5) years. 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 1989) In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. This Statement is for Information Only: It is not a Wage Determination Employee Class Monetary Wage- Fringe Benefits Tech Instructor/Course Developer $24.03 (exclusive ofbenefits) 52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984) - beyond September 30th of the Base year or any option year exercised; beyond September 30th of the Base year or any option year exercised. 52.232-99 Providing Accelerated Payment to Small Business Subcontractors (Aug 2012) (Deviation) thru 7/11/13 (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) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) (a) "Unsafe condition" as used in this clause means the actual or potential exposure of contractor or Government employees to a hazardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other material or working condition designated by the Contracting Officer's Technical Representative (COTR) as potentially hazardous and requiring safety controls. (b) The Occupational Safety and Health Administration (OSHA) is responsible for issuing and administering regulations that require contractors to apprise its employees of the hazards to which they may be exposed in the course of their employment; proper conditions and precautions for safe use and exposure; and related symptoms and emergency treatment in the event of exposure. (c) Prior to commencement of work, contractors are required to inspect for and report to the contracting officer or designee the presence of, or suspected presence of, any unsafe condition including asbestos or other hazardous materials or working conditions in areas in which they will be working. (d) if during the performance of the work under this contract, the contractor or any of its employees, or subcontractors employees, discover the existence of an unsafe condition, the contractor shall immediately notify the contracting officer, or designee, (with written notice provided not later than three (3) working days thereafter) of the existence of an unsafe condition. Such notice shall include the contractor's recommendations for the protection and the safety of Government, contractor and subcontractor personnel and property that may be exposed to the unsafe condition. (e) When the Government receives notice of an unsafe condition from the contractor, the parties will agree on a course of action to mitigate the effects of that condition and, if necessary, the contract will be amended. Failure to agree on a course of action will constitute a dispute under the Disputes clause of this contract. (f) Nothing contained in this clause shall relieve the contractor or subcontractor from complying with applicable Federal, State, and local laws, codes, ordinances and regulations (including the obtaining of licenses and permits) in connection with hazardous material including but not limited to the use, disturbance, or disposal of such material. 52.21-603-70 Contracting Officer's Representative (AUG 2008): (a) (not designated at this time) at FCC Tucson is hereby designated as the 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 contractor 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 ofWork, the Contracting Officer shall issue such changes. 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)i 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-termii 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 governmentissued 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, ifrequired;iii 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)iv portion of the appli9able 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 1a. 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; v 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 1 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-1 identity proofmg 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 ofHSPD-12 implementation (PIV-11) requires badge issuance to all affected long-term contractors. 1 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. 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 11 311 must be placed in block 11 B 11 of the 11 Agency Use Only 11 section of the investigative form. This report is available for all case types. 1 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. 52.27-103-72 DOJ Contractor Residency Requirement (JUN 2004): For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under the 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; 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 provided current information regarding allied countries: http://www.opm.gov/employ/htrnl/citizens.htm. By signing this agreement/commitment document, or by commencing performance, the contractor agrees to this restriction. 52.242-1502 Evaluation of Contractor Performance Utilizing CP ARS (APR 2011) The services, although not directly supervised, shall be reviewed by Federal Bureau of Prisons (BOP) staff to ensure contract compliance. The contractor's performance will be evaluated in accordance with FAR 42.15. Contract monitoring reports will be prepared by the Contacting Officer's Representative (COR) or Contract Monitor (CM) and maintained in the contract file. In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit it to the Past Performance Information Retrieval System (PPIRS). The BOP utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CP ARS) to provide contractor performance evaluations. The contractor shall provide and maintain a current e-mail address throughout the life of the contract. The contractor will receive an email from the Focal Point thru the following website address webptsrnh@nayy.milwhen the contract is registered in CP ARS. The e-mail will contain a "user ID" and temporary password to register in the CP ARS system. The contractor must be registered to access and review its evaluation and/or provide a response. If assistance is required when registering, please contact the Contracting Staff/Focal Point.(End of Clause) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive OrdersCommercial Items (AUG 2012)- (b) 1, 4, 6, 10, 14, 23, 26, 28-34, 38, 42, 47; (c) 1-WD 2005-2025 Revision 14, 2- $24.03 (exclusive of benefits) for occupational code 15095; and 3. OTHER CONTRACT TERMS AND CONDITIONS: Type of Contract: A resultant contract will be an indefinite delivery/requirements type contract with firmfixed pricing. It is anticipated that a contract award resulting from this solicitation will be made in November 2012, with an effective date of December 1, 2012. Performance Period: The periods of performance of the resulting contract shall be Base Year - Effective Date of Award (EDOA) thru September 30, 2013; Option Year 1- October 1, 2013 thru September 30, 2014; Option Year 2- October 1, 2014 thru September 30, 2015; Option Year 3- October 1, 2015 thru September 30, 2016; Option Year 4- October 1, 2016 thru September 30, 2017. The contractor shall commence performance of services by submitting information to initiate security clearance procedures within 5 calendar days from effective date of award of the contract. In accordance with FAR 46.503 and 46.403(a) (6), the place of acceptance for services under this contract is FCC Tucson, located in Tucson, Arizona. Ordering Official: Task orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for the institution with an appropriate certificate of appointment or a delegation of authority for commercial purchase card purchases. Orders may be issued orally, faxed or electronically. Security and Investigative Requirements: The employees of the contractor entering the institution may be required to meet certain security requirements prior to entering the institution. Primary concerns are the amount of contact that may occur between the contractor and his/her employees with the inmate population during the performance of the contract. Contractor employees are allowed access to the institution at the sole discretion of the Warden of the institution. The program manager at FCC Tucson is responsible for conducting the appropriate law enforcement check on all contractor staff that may need access inside the prison facility. The following investigative procedure will be performed: 1). National Crime Information Center (NCIC) check; 2). DOJ-99 (Name Check); 3). FD-258 (fingerprint check); 4). Law Enforcement Agency checks; 5). Vouchering of Employers; 6). Resume/Personal Qualifications; 7). OPM-329-A (Authority for Release of Information); 8). National Agency Check and Inquiries (NACI) check (if applicable); and 9). Urinalysis Test (for the detection of marijuana and other drug usage) By submitting an offer for service, the contractor and its employees agree to complete the required documents and undergo the listed procedure. An individual who does not pass the security clearance will be unable to enter the BOP facility. Any individual employed by the contractor who is deemed not suitable by the BOP requirements will not be granted access to perform services under the contract. This is a condition of the contract. Finally, the contractor shall be in compliance with 8 CFR 274a regarding employment of aliens. Privacy Act Notification: A resultant contract will require contracted staff to operate a system of records and maintain documentation that will require adherence to the Privacy Act of 1974. The system of records will be maintained in accordance with community standards for adult education. The contractor and/or staff are not authorized to disclose this or any information pertaining to an inmate to any non-BOP source. Any requests for such information shall be forwarded to the Contracting Officer or Contracting Officer's Representative/Contract Monitor for proper disposition. Non-personal services: A resultant contract will be a non-personal services contract, as defined in FAR 3 7.101, under which the contractor is an independent contractor. Award of a contract does not constitute an employer/employee relationship. The contractor will not be subject to Government supervision, except for security related matters; however, contractor performance shall be closelymonitored to ensure contract compliance. Pricing Methodology- The contract rate for service will be on a per session basis, where a session is defined as one hour in duration. Pricing shall be inclusive of all charges (i.e., wages, insurance, overhead, profit, etc.). Please note that there will be minimal processing time required to enter the institution that should be reflected in the price offered. Offers should submit a completed copy of the Schedule ofltems inclusive of base year and all option periods. Pursuant to FAR 17.203(b ), the Government's evaluation shall be inclusive of options. Pursuant to FAR 17.203(d), Offers may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered. The estimated quantity of service required is not a representation to an offeror that the estimated quantities will be required or ordered, or that conditions affecting requirements will remain stable or normal. SOLICITATION PROVISIONS: 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more 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. Also, the full text of aFAR clause may be accessed electronically at this address: www.acguisition.gov 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEPT 2007) 52.217-5 Evaluation of Options (JUL 1990) 52.237-1 Site Visit (APR 1984) 52.212-1 Instructions to Offerors- Commercial Items (FEB 2012) The additional provisions listed below are incorporated into this solicitation via addendum to this provision. 52.216-1 Type of Contract (APR 1984) Indefinite Delivery/Requirements type contract with Firm-Fixed Pricing. 52.233-2 Service of Protest (SEPT2006) (a) Procurement Executive, BOP, 320 First Street, N.W., Room 5005, Washington, D.C. 20534 Protests Filed Directly with the Department of Justice (JAR 2852.233-70) (a) The following definitions apply in this provision: (1) "Agency Protest Official" means the official, other than the contracting officer, designated to review and decide procurement protests flied with a contracting activity of the Department of Justice. (2) "Deciding Official" means the person chosen by the protestor to decide the agency protest; it may be either the Contracting Officer or the Agency Protest Official. (3) "Interested Party" means an actual or prospective offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract. (b) A protest flied directly with the Department of Justice must: (1) Indicate that it is a protest to the agency. (2) Be filed with the Contracting Officer. (3) State whether the protestor chooses to have the Contracting Officer or the Agency Protest Official decide the protest. If the protestor is silent on this matter, the Contracting Officer will decide the protest. ( 4) Indicate whether the protestor prefers to make an oral or written presentation of arguments in support of the protest to the deciding official. (5) Include the information required by FAR 33.103(d)(2): (i) Name, address, facsimile number and telephone number of the protestor. (ii) Solicitation or contract number. (iii) Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protestor. (iv) Copies of relevant documents. (v) Request for a ruling by the agency. (vi) Statement as to the form of relief requested. (vii) All information establishing that the protestor is an interested party for the purpose of filing a protest. (viii) All information establishing the timeliness of the protest. (c) An interested party fliing a protest with the Department of Justice has the choice of requesting either that the Contracting Officer or the Agency Protest Official decide the protest. (d) The decision by the Agency Protest Official is an alternative to a decision by the Contracting Officer. The Agency Protest Official will not consider appeals from the Contracting Officer's decision on an agency protest. (e) The deciding official must conduct a scheduling conference with the protestor within five (5) days after the protest is filed. The scheduling conference will establish deadlines for oral or written arguments in support of the agency protest and for agency officials to present information in response to the protest issues. The deciding official may hear oral arguments in support of the agency protest at the same time as the scheduling conference, depending on availability of the necessary parties. (f) Oral conferences may take place either by telephone or in person. Other parties may attend at the discretion of the deciding official. (g) The protestor has only one opportunity to support or explain the substance of its protest. Department of Justice procedures do not provide for any discovery. The deciding official may request additional information from either the agency or the protestor. The deciding official will resolve the protest through informal presentations or meetings to the maximum extent practicable. (h) An interested party may represent itself or be represented by legal counsel. The Department of Justice will not reimburse the protester for any legal fees related to the agency protest. (i) The Department of Justice will stay award or suspend contract performance in accordance with FAR 33.103(f). The stay or suspension, unless over-ridden, remains in effect until the protest is decided, dismissed, or withdrawn. (j) The deciding official will make a best effort to issue a decision on the protest within twenty (20) days after the filing date. The decision may be oral or written. (k) The Department of Justice may dismiss or stay proceeding on an agency protest if a protest on the same or similar basis is filed with a protest forum outside the Department of Justice. (End of Provision) 52.212-3 Offeror Representations and Certifications- Commercial Items (APR 2012) Faith-Based and Community- Based Organizations (AUG 2005)- can submit offers/bids/quotations equally with other organizations for contracts for which they are eligible. Common Law Employee (OCT 2003) - If the resulting contract is made to an individual, the provision of these services has been determined to meet certain criteria for creating common law employee relationship. Therefore, the BOP is responsible for the payment of FICA taxes (7.65%) and the withholding of the individual 's taxes. These responsibilities apply only when award of this solicitation is made to an individual. It does not apply to companies or individuals who are incorporated. For evaluation purposes, an additional 7.65% will be added to the price submitted by individuals who are not incorporated. 52.212-2 Evaluation-Commercial Items. (Jan 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Price Technical -Instructors degree (provide a copy) and/or relevant experience (list years of experience) Past Performance Technical and past performance, when combined, are approximately equal to cost or price. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) When evaluating past performance, including evaluating offerors with no relevant performance history, offerors will be given an opportunity to identify past or current contracts for efforts similar to the Government's requirement. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror will not be evaluated favorably or unfavorably on past performance. Central Contractor Registration - Offerors are advised that the Contracting Officer will verify registration in the Central Contractors Registration database (www.ccr.gov), the Online Representations and Certifications Application (orca.bpn.gov) and System for Award Management (SAM) prior to award of any contract, by entering the potential awardee DUNS number into each database. Failure to complete the registration may result in elimination from consideration for award. FOIA- Offerors 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. RFP Attachments: 001 - Statement of Work (6 Pages) 002 - Department of Labor Wage Determination (10 Pages) 003 - Business Management Questionnaire (2 Pages) SUBMISSION OF OFFERS: Offers must be received at the Federal Bureau of Prisons, Field Acquisition Office, Armed Forces Reserve Complex, 346 Marine Forces Drive, Grand Prairie, TX 75051 no later than 2:00pm CT, November 08, 2012. Written offers will be accepted by mail, hand-carried delivery, fax to 972-352-4545, or email. Mailed or Hand-carried offers must be delivered to the attention of Gil Sveum, Contracting Officer at the address shown. The official point of receipt for hand-carried offers will be at the first floor reception area of the address listed above. Please give 24 hour of advanced notice to Contracting Officer prior to handcarrying offers to accommodate access to secured base. Faxed offers must be faxed to 972-352-4545, Attn: Gil Sveum, Contracting Officer. Offers should be clearly marked with the RFP number and include all required information. Emailed offers must be sent in.pdf format only to gsveum@bop.gov. Include the following in your subject line: Offer submitted in response to RFPP06151200002. Offers must include all required information. REQUIRED SUBMITTALS: On letterhead or business stationary, the following required information must be submitted. Failure to provide required information may result in your offer not being considered. (1) Contractors DUNS Number (2) Prices offered per session (session is defined as one hour in duration) for an estimated maximum requirement of 350 sessions base year and 420 sessions per option year contractor provided instructor, 292 sessions base year and 352 session per option year of BOP provided instructor. Example format: Base Year: Contractor provided instructor, Estimated 350 sessions x $ per session=$. Base Year: BOP provided Instructor, Estimated 294 sessions x $ per session =$. Pricing must be offered for each contract period: Base Year, Option 1, Option 2, Option 3, and Option 4 (Schedule ofltems is included within Attachment 001 Statement ofWork). (3) A completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items if different from entry made to the Online Representations and Certifications Application (ORCA) site located at orca.bpn.gov. Please ensure that a business size is listed for this requirement's applicable NAICS code- 611310. ( 4) Documentary evidence of compliance with qualifications. (5) A written description of contractor's plan to fulfill the contract requirements throughout the life of the contract. (6) Point of Contact information for professional references. The contractor should provide a list of the last three contracts awarded to your organization which are of a related nature, size, and scope. Include the following for each: Customer Name, Address, Phone, Fax, Email address; Contract Number; Contact Person; Type of Work; Contract Amount; Contract Status (Active or Complete). (7) Point of contact information for a financial reference to include Bank Name, Address, Phone, Email address, and Contact Person. If your references will require a Release of Information statement - provide it with your offer submittal (Attachment 003 Business Management Questionnaire).
 
Web Link
FBO.gov Permalink
(https://www.fbo.gov/spg/DOJ/BPR/70032/RFPP06151200002/listing.html)
 
Place of Performance
Address: Federal Bureau of Prisons, Federal Correctional Complex, 8901 S. Wilmot Road, Tucson, Arizona, 85706, United States
Zip Code: 85706
 
Record
SN02914157-W 20121018/121016233935-526e0bbe78c2c914a72e69032c7e9563 (fbodaily.com)
 
Source
FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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