A17 RFQ.docx

Combined Synopsis/Solicitation Trial Training and Education Services for the National Labor Relations Board

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation is issued as a Request for Proposal (RRP) # 63NLRB20R0003. This RFP will result in the award of a Firm Fixed Price Purchase Order for Trial Training and Education services for the National Labor Relations Board (NLRB). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-07, effective 8/3/2020.

INSTRUCTIONS TO VENDORS AND EVALUATION METHODOLOGY

Instructions to Vendors

L.1 Confidential Information:

The Freedom of Information Act (FOIA) and its amendments have resulted in an increasing number of requests from outside the Government for copies of contract qualifications and quotes submitted to federal agencies. If a Vendor’s submission contains information that he/she believes should be withheld from such requestors under FOIA on the grounds that they contain “trade secrets and commercial or financial information” [5 USC§552(b)(4)], the vendor should mark its submissions in the following manner:

· The following notice should be placed on the title page: “Some parts 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 per the Freedom of Information Act.”

· Each individual item considered privileged or confidential under FOIA should be marked with the following notice: “The data or information is considered confidential or privileged and is not subject to mandatory disclosure per the Freedom of Information Act.”

L.2 General:

The vendor shall submit documentation illustrating their approach for satisfying the requirements of this solicitation as defined in the Statement of Work (SOW). Proposals must be clear, coherent, and prepared in sufficient detail for effective evaluation of the vendor’s quote against the evaluation criteria. Also, this documentation shall cover all aspects of this solicitation, and include the vendor’s approach for providing superior support to the NLRB. Quotes must clearly demonstrate how the vendor intends to accomplish the work specified in the SOW and must include convincing rationale and substantiation of all claims. Unnecessary elaborate brochures or other presentations beyond those sufficient to present a complete effective response to the solicitation are not desired.

The vendor shall describe its quote through the use of narrative, charts, and diagrams in sufficient detail for the Government to understand and evaluate the nature of the approach. In its evaluation and confidence assessment, the Government will consider the degree of substantiation of the proposed approach.

L.3 Questions:

Questions/clarifications regarding this solicitation shall be submitted by email to Delfina St Clair at Delfina.St.Clair@nlrb.gov. Questions that are vague, illegible, or irrelevant to the requirement, or submitted after the cut-off date may not receive a response. No telephonic requests will be entertained. Questions are due no later than 10:00 AM ET on August 10, 2020.

L.4 Quote Submission:

Vendors shall submit the following via email to the Contracting Officer no later than 2:00 PM on August 14, 2020.

Vendors are advised to take proper steps to ensure timely submission of their quote. It is the sole responsibility of the vendor to ensure that the electronic files submitted are virus free and can be opened and read by the Government.

Volume I – Technical

Volume II – Price

L.5 Format:

· Text shall be at least single-spaced, on 8½ x 11-inch paper, with a minimum one-inch margin all around.

· Pages shall be numbered consecutively.

· A page printed on both sides shall be counted as two pages.

· Pages submitted in excess of the page limitations stated herein will be removed and not evaluated.

· Print shall be of minimum 12-point font size spacing. Bolding, underlining, and italics may be used to identify topic demarcations or points of emphasis. Graphic presentations, including tables, while not subject to the same font size and spacing requirements, shall have spacing and text that is easily readable.

· No pricing data shall be included in Volume I – Technical.

· Any information requested as a clarification shall not count toward the page limitation.

L.6 Submission Requirements:

(1) Cover Section: The Cover Section shall include the solicitation number, company points of contact for technical and price related questions, acknowledgement of all material amendments, and a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation.

(2) Factor 1: Technical Approach

a. The vendor shall describe its approach to performing the anticipated Purchase Order, focusing on the vendor’s ability to provide the full range of services detailed in the SOW.

(3) Factor 2: Price

Vendor shall provide pricing for a base and two-one year option periods. The vendor may also submit a narrative to verify their pricing.

Evaluation Criteria

The Government intends to award a single Firm-Fixed-Price Purchase Order that represents the best value to the Government; price and other factors considered.

M.1 Basis of Award:

(1) The Government will evaluate quotes that receive a “pass” for the following minimum criteria; however, a “pass” for all items does not guarantee award. Vendors who receive a “pass” will be evaluated further in accordance with the criteria set forth in this solicitation. The two items are as follows:

a. The Vendor submits all required information specified in the RFP by the closing date/time;

Please Note: Quotes containing exceptions, qualifications, conditions, assumptions or any other deviations from the solicitation shall be considered non-responsive and will be rejected by the Government and not considered for award.

(2) After the initial evaluation, the agency may clarify aspects of quotes in order to better understand the information submitted. Clarifications (if any) will only be sent to Vendor’s who have not been otherwise eliminated due to a failure to meet a minimum agency requirement. The information provided in the clarification responses may lead to adjustments to the Vendor’s technical rating. If the agency feels additional information is needed from any Vendor after the initial clarifications, the Government may solicit additional information as deemed necessary. The clarification process does not contemplate common cut-off dates or revisions to technical aspects of Vendor’s initial quotation.

(3) The Contracting Officer may award an order without negotiations to the contractor that is determined to represent the best value. The Contracting Officer may negotiate with the apparent successful Vendor to improve the terms of the deal reflected in the quote or negotiate will all Vendors.

(4) The Government reserves the right not to make an award as a result of this competition if it is in the opinion of the Government that none of the submissions will provide acceptable performance at a price that is considered fair and reasonable and/or economically feasible.

M.2 Evaluation Factors

The vendor’s total evaluated price will be traded off against the vendor’s technical (non-price) portion of the quote to determine the overall best value to the Government. The best value is represented by the most advantageous offer, price and other factors considered. The best value offer may not necessarily be the quote offering the lowest price or receiving the highest technical rating.

Evaluation factors are listed in descending order of importance. Factor 1 is more important than Factor 2; however, as the vendors become more equal in non-price merit, the importance of price to the evaluation decision will increase. The Government shall make an award to the vendor who represents the overall best value to the Government.

Factor 1 – Technical Approach Factor 2 – Price

(1) Factor 1 – Technical Approach

The Technical Approach will be evaluated as a measure of merit and the Government’s confidence. The Government will evaluate the extent to which the vendor presents the following:

a. The degree to which the vendor demonstrates the ability to provide the full range of services detailed in the SOW.

(2) Factor 2 – Price

The Vendor's price quote will be evaluated to determine whether it is reasonable. The Government will evaluate price reasonableness using price analysis techniques in FAR 15.404-1(b).

M.3 Rating Methodology

(1) Factor 1 – Technical Approach: The following adjectival ratings will be used to rate Factors 1. A determination of “Unacceptable” renders the entire quote unacceptable and therefore will NOT be considered for award. The quote must be rated “Marginal” or higher overall to be considered for award.

(2) Factor 2 – Price: Price will not be scored or receive an adjectival rating. Price will be evaluated in accordance with FAR 15.404-1(b).

CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses are incorporated by reference (by Citation Number, Title and Date) in accordance with the clause at FAR 52.252-2 “CLAUSES INCORPORATED BY REFERENCE”. These clauses will be included in the resultant contract. The full text of the contract clause(s) may be accessed electronically at https://www.acquisition.gov/browse/index/far

Article Number Reference Text 52.212-4 52.212-4 Contract Terms and Conditions-Commercial Items (OCT 2018) 52.204-9 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.223-5 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.237-2 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

CLAUSES INCORPORATED BY FULL TEXT

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years.

(End of clause)

LOCAL CLAUSE: 52.201-9000 CONTRACTING OFFICER’S REPRESENTATIVE

(a) The Contracting Officer’s Representative (COR) is a representative of the Government with limited authority who has been designated in writing by the CO to provide technical direction, clarification, and guidance with respect to existing specifications and performance work statement/statement of work/statement of objectives, as established in the contract. The COR also monitors the progress and quality of the Contractor’s performance for payment purposes. The COR shall promptly report Contractor performance discrepancies and suggested corrective actions to the CO for resolution.

(b) The COR is not authorized to take any direct or indirect actions or make any commitments that will result in changes to price, quantity, quality, schedule, place of performance, delivery or any other terms or conditions of the written contract.

(c) The Contractor is responsible for promptly providing written notification to the CO if it believes the COR has requested or directed any change to the existing contract. No action shall be taken by the Contractor for any proposed change to the contract until the CO has issued a written directive or a written modification to the contract. The Government will not accept and is not liable for any alleged change to the contract unless the change is included in a written contract modification or directive signed by the CO.

(d) COR authority is not delegable.

LOCAL PROVISION: 52.233-9000 AGENCY-LEVEL PROTESTS

Potential bidders or offerors may submit an agency-level protest directly to the Contracting Officer (CO). As an alternative to the CO’s consideration of a protest, a potential bidder or offeror may request an independent review of their protest by the NLRB Protest Deciding Official (Tashiana D. Carter). In either case, the agency-level protest must comply with the requirements and procedures in FAR 33.103 for submitting agency-level protests.

List of Attachments

1. Attachment 01 – Statement of Work