5.1 - Addendum to FAR 52.212-1.pdf

5.1 - Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items (Jan 2017)

Tailoring

In accordance with FAR 12.302(a), the provision at 52.212-1 is hereby tailored to modify the following elements of the provision.

At paragraph (c) "Period of Acceptance of Offers,” this paragraph is deleted in its entirety as it has been determined to be not applicable to this solicitation.

At paragraph (d) "Product Samples,” this paragraph is deleted in its entirety as it has been determined to be not applicable to this solicitation.

At paragraph (h) "Multiple Awards," this paragraph is deleted in its entirety as it has been determined to be not applicable to this solicitation.

At paragraph (i) "Availability of requirements documents cited in the solicitation," this paragraph is deleted in its entirety as it has been determined to be not applicable to this solicitation.

Submission of Quotes: Quotations shall be submitted on or before the solicitation deadline specified in Block 8 of the Standard Form 1449, page 1 of this solicitation. Quotes shall be submitted via e-mail to m1kunkel@bop.gov.

Quotations received after the quote deadline will be handled in accordance with FAR 52.212-1(f).

Each quoter shall complete and submit the following forms, clauses, and statements with the quotation. Failure to do so may cause your quotation to be considered unacceptable.

1. Standard Form 1449

2. Schedule of Items/Contract Pricing

3. Completed Solicitation Provisions:

-52.212-3, Offeror's Representations and Certifications, if different than SAM record.

4. Technical Capability Statement: This narrative shall be completed in sufficient detail to allow for a clear understanding of the contractor’s ability and plan to meet the requirements of the statement of work.

This statement shall include the following:

-list of courses being offered in the certificate program;

-a description of each class listed;

-a description of the contractor’s plan to facilitate inmate classes onsite; and, -a copy of the contractor’s accreditation.

5. 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)

6. 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, quoters shall provide it with quote submittal.

All potential quoters are advised that this solicitation includes the clause at FAR 52.212-4 Contract Terms and Conditions- Commercial Items which at paragraph (t), System for Award Management (SAM), requires all contractors doing business with the Federal Government after to be registered in the SAM database. Quoters should include their Data Universal Number System (DUNS) in their quotations. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardee's DUNS number into the SAM database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award.

mailto:m1kunkel@bop.gov

If you have questions about the System for Award Management (SAM), Government procurements in general, or need assistance in the preparation of your quote, a local Procurement Technical Assistance Center (PTAC) may be able to help. The Procurement Technical Assistance Program was authorized by Congress in 1985 in an effort to expand the number of businesses capable of participating in the Government marketplace. To locate a PTAC near you, go to http://www.aptac-us.org.

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. The Government intends to make a single award to a quoter, pursuant to an affirmative determination of responsibility, whose quotation, conforming to the solicitation, is determined to be the best value considering price, technical capability (i.e., plan to meet the requirements of the Statement of Work; product and equipment quality), and past performance.

Price: Price shall be evaluated utilizing the total aggregate pricing offered by the quoter (base year plus all option years).

Technical Capability: Technical Capability will be evaluated utilizing the technical capability statement provided by the quoter.

Past Performance: The Past Performance Information Retrieval System (PPIRS) at www.ppirs.gov with be given priority when evaluating past performance. In the case that a contractor lacks PPIRS assessment reports, professional references submitted by the quoter may be utilized to evaluate past performance history.

Freedom of Information Act: The Freedom of Information Act (FOIA) and its amendments have resulted in an increasing number of requests to Federal Agencies for copies of quotes from other than Government sources.

The quoter should identify information in its quote it believes should be withheld from these sources, on the basis it consists of "trade secrets and commercial or financial information obtained from a person and privileged or confidential" (exemption (b) (4) of the FOIA). This identification will assist in the decision by a responsible federal official to disclose or withhold the requested information.

If a quoter considers elements of its quote to be exempt under FOIA, ensure the following notice is annotated on the title page of the quote:

Elements of this document, as identified on individual pages, are considered by the submitter to be privileged or confidential trade secrets or commercial or financial information not subject to mandatory disclosure under the Freedom of Information Act. Material considered privileged or confidential on this basis is contained on pages

The quote must annotate each individual item it considers privileged or confidential under the FOIA exemption with the following notice:

The data or information is considered confidential or privileged, and not subject to mandatory disclosure under the

FOIA.

All information in a offerors quote not designated may be subject to automatic public disclosure if it is requested under the FOIA. It must be emphasized that under the FOIA no information is automatically exempt from public disclosure. However, no disclosures will be made without careful evaluation, giving due regard to the need for safeguarding material considered privileged or confidential by the quoter. It is Department of Justice policy to withhold whenever possible material that is genuinely privileged or confidential.

http://www.ppirs.gov/

2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)

(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 filed 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 filed 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 protest 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 filing 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)

[END OF ADDENDUM TO FAR 52.212-1]