Class A Commercial Driving License Instruction
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.
The solicitation number is RFQP02051400007 and it is issued as a Request for Quote (RFQ). The requirement will be solicited as a total small business set aside. The applicable North American Industry Classification System (NAICS) code is 611519, Other Technical and Trade Schools and the size standard is $14.0 million.
The Federal Bureau of Prisons, Field Acquisition Office, Grand Prairie, Texas intends to establish an indefinite-delivery, requirements type contracts for the provision of a Class A Commercial Vehicle Driving (CDL) Instruction to be rendered for the inmate population incarcerated at the Federal Prison Camp (FPC) Devens located in Ayer, Massachusetts. Information regarding the Bureau of Prisons (BOP) and its facilities can be located at www.bop.gov. A description of the services required is attached to this posting and labeled as RFQ Attachment 001 - Description of Requirement.
The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-73.
CONTRACT CLAUSES:
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 FAR clause may be accessed electronically at this address: www.acquisition.gov/far. 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 (SEP 2013) with addendum to incorporate the additional clauses listed below into this solicitation and any resulting contract.
52.203-3 Gratuities (APR 1984)
52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010)
52.204-4 Printed or Copied Doubled-Sided on Post-Consumer Fiber Content Paper (MAY 2011)
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; Comprehensive General Liability: $500,000 per occurrence for bodily injury; and Automobile Liability: $200,000 per person, $500,000 per occurrence for bodily injury, and $20,000 per occurrence for property damage.
52.232-18 Availability of Funds (APR 1984)
52.232-40 Providing Accelerated Payment to Small Business Subcontractors (DEC 2013)
52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)
52.242-13 Bankruptcy (JUL 1995)
52.253-1 Computer Generated Forms (JAN 1991)
The following clauses will be incorporated into a resultant contract in full text with applicable fill-in information as noted:
52.209-5, Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Deliquent Tax Liability (Deviation 2014-01)(NOV 2013)
(a) In accordance with sections 536 and 537 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2014 (Title II, Division B, Pub. L. 113-76), none of the funds made available by that Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with a corporation -
(1) convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction , unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or
(2) that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.
(b) By accepting this award or order, in writing or by performance, the offeror/contractor represents that -
(1) the offeror is not a corporation convicted of a felony criminal violation under any Federal or State law within the preceding 24 months; and,
(2) the offeror is not a corporation that has any unpaid Federal or State tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (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 of Items 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 of the Contract (MAR 2000) - (a) prior to expiration of the current performance period; 60 days; (c) 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.
52.232-19 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
52.252-6, Authorized Deviations in Clauses (APR 1984) ) (b) Justice Acquisition Regulation; chapter 28.
52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)
52.218-000, Continuing Contract Performance During a Pandemic Influenza or Other National Emergency (MAY 2008)
52.27-103-72 DOJ Contractor Residency Requirement - BOP (JUN 2004)
52.242-11-004 Evaluation of Contractor Performance Utilizing CPARS (APR 2011)
Department of Justice Order 2640.2F (NOV 2008)
2852-223-70 Unsafe Conditions Due to the Presence of Hazardous Material (JUN 1996)
52.21-603-70 Contracting Officer's Representative (JUN 2012) - Individual assigned as COR will be appointed by Administration Contracting Officer after contract award.
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (JAN 2014) - (b) 52.203-6, 52.204-10, 52.209-6, 52.209-9, 52.219-4, 52.219-6, 52.219-8, 52.219-28, 52.222-3, 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37,
52.222-40, 52.222-54, 52.223-18, 52.225-13, 52.232-33; (c) 1- 52.222-41, WD 2005-2255 Revision 15, 2- 52.222-42, $25.37 (exclusive of benefits) for occupational code 15090; and 3-52.222-43.
OTHER CONTRACT TERMS AND CONDITIONS:
Type of Contract: A resultant contract will be an indefinite delivery/requirements type contract with firm-fixed pricing. It is anticipated that contract award(s) resulting from this solicitation will be made in July 2014.
Performance Period: The periods of performance of the resulting contract shall be Base Year - Effective Date of Award (EDOA) thru 12 months; Option Year 1 - 13 months from EDOA thru 24 months; Option Year 2 - 25 months from EDOA thru 36 months; Option Year 3 - 37 months from EDOA thru 48 months; Option Year 4 - 49 months from EDOA thru 60 months.
The contractor shall commence performance of services by submitting information to initiate security clearance procedures within 15 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 at the destination, FPC Devens.
Ordering Official: Task orders may be issued only by the Contracting Officer or a warranted Contracting Official from the Contract Administration Office at FMC Devens. Orders may be issued orally, faxed, electronically, or via mail.
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 FPC Devens 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 a quote 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 records. 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 designee for proper disposition.
Non-personal services: A resultant contract will be a non-personal services contract, as defined in FAR 37.101, 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 closely monitored 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 quoted.
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 a FAR clause may be accessed electronically at this address: www.acquisition.gov/far.
52.209-5, Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Deliquent Tax Liability (Deviation 2014-01)(NOV 2013)
(a) In accordance with sections 536 and 537 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2014 (Title II, Division B, Pub. L. 113-76), none of the funds made available by that Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with a corporation -
(1) convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction , unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or
(2) that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.
(b) The offeror represents that, as of the date of this offer -
(1) the offeror is [ ] is not [ ] a corporation convicted of a felony criminal violation under any
Federal or State law within the preceding 24 months; and,
(2) the offeror is [ ] is not [ ] a corporation that has any unpaid Federal or State tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (End of provision)
52.209-7, Information Regarding Responsibility Matters (FEB 2012) (b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.
52.212-1 Instructions to Offerors - Commercial Items (JUL 2013) tailored to delete paragraphs at c, d, h, and i, as they have been determined to be non-applicable to this solicitation. The additional provisions listed below are incorporated into this solicitation via addendum to this provision. All references to "Offer" and "Offeror" are changed to "Quote" and "Quoter" respectively.
52.212-3 Offeror Representations and Certifications - Commercial Items (NOV 2013)
52.217-5 Evaluation of Options (JUL 1990)
52.233-2 Service of Protest (AUG 1996) (a) Procurement Executive, BOP, 320 First Street, N.W., Room 5005, Washington, D.C. 20534
52.237-1 Site Visit (APR 1984)
52.252-5, Authorized Deviations in Provisions (AUG 1984) (b) Justice Acquisition Regulation; chapter 28.
Protests Filed Directly with the Department of Justice (JAR 2852.233-70)
Faith-Based and Community- Based Organizations (AUG 2005) - can submit quotations equally with other organizations for contracts for which they are eligible.
Evaluation and Award Methodology: This acquisition will be procured in accordance with FAR Part 12 - Acquisition of Commercial Items and Part 13 - Simplified Acquisition Procedures. In addition to price, quoters must demonstrate technical capability and successful past performance history. Pursuant to FAR 12.602(c), an award decision will be made to the responsible contractor whose quote is most advantageous to the Government based on the evaluation factors contained in the solicitation.
Pursuant to FAR 17.203(b), the Government's evaluation shall be inclusive of options. Pursuant to FAR 17.203(d), quoters 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 a quoter that the estimated quantities will be required or ordered, or that conditions affecting requirements will remain stable or normal.
Quoters are advised that the Contracting Officer will verify registration in the System for Award Management database (www.sam.gov) prior to award of any contract, by entering the potential awardee DUNS number into the database. Failure to complete a registration record may result in elimination from consideration for award.
Quoters are further advised to mark each individual item within their quote considered privileged or confidential under the Freedom of Information Act with notification that the data is considered confidential and privileged and not subject to mandatory disclosure under the FOIA.
SUBMISSION OF QUOTATIONS:
On letterhead or business stationary, the following information must be submitted. Failure to provide required information may result in your quote not being considered.
(1) Contractors DUNS Number
(2) Quoted price per session (session is defined as one hour in duration) for an estimated maximum requirement of 1200 sessions per contract year. Example format: Base Year - Estimated 1200 sessions x $ ________ per session = $ ________. Responses must include a price quote per session for the Base Year, Option 1, Option 2, Option 3, and Option 4.
(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 System for Award Management record at www.sam.gov.) Offeror's Representations and Certifications should include NAICS code 611519, Other Technical and Trade Schools.
(4) Quotes must provide the fill in information found in solicitation provisions 52.209-5 and 52.209-7.
(5) Quotes must demonstrate the contractor's technical capability to provide the required services with a description of how the contractor plans to meet the requirements of the solicitation in accordance with the Statement of Work. This statement should include the number of instruction hours provided to each student in the contractor's accredited curriculum.
(6) Quotes must provide documentary evidence of accreditation.
(7) 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).
(8) 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 quote submittal.
Quote Submission Information:
Quotes 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 local time on Friday, June 20, 2014.
Written quotes will be accepted by mail, hand-carried delivery, or email. However, emailed quotes are encouraged. Emailed quotes must be sent to jseratt@bop.gov. Include the following in your subject line: Quote submitted in response to RFQP02051400007. Quotes must include all required information.
Mailed or Hand-carried quotes must be delivered to the attention of Jim D. Seratt, Contracting Officer at the address listed above. The official point of receipt for hand-carried quotes 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 hand-carrying quotes to accommodate access to secured base.
Questions regarding this requirement may be directed in writing to Jim D. Seratt, Contracting Officer at jseratt@bop.gov. Please submit all questions no later than Tuesday, June 10th at 2:00pm local time.
Jim D Seratt, Contracting Officer, Phone 972-352-4558, Fax 972-352-4545, Email jseratt@bop.gov - Lori Wehling, Contracting Officer, Phone (972) 352-4525, Fax (972) 352-4545, Email lwehling@bop.gov
