CI solicitation 83310122Q0036 legal training.docx

RFQ for Legal Training Services Open Market Purchase Order (PO) per FAR 12 Commercial Item - Full and Open Competition

REQUEST

FOR

QUOTATION

5:00pm Eastern Time

See 52.212-1 and ADDENDUM to 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS, of the Solicitation/Contract/Order for Commercial Items Standard Form (SF1449) for instructions.

SOLICITATION NUMBER:

RFQ 83310122Q0036

PROPERTY OF THE UNITED STATES GOVERNMENT COPYING, DISSEMINATION, OR DISTRIBUTION OF DRAWINGS, PLANS OR SPECIFICATIONS TO UNAUTHORIZED USERS IS PROHIBITED. PROPERLY DESTROY DOCUMENTS WHEN NO LONGER NEEDED. DO NOT REMOVE THIS NOTICE.

Table of Contents

Section A – Standard Form (SF) 1449

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

Questions concerning this solicitation may be submitted to Ms. Patricia Ludlow, Contracting Officer via email at patricia.ludlow@exim.gov.

Definitions and Acronyms for Solicitation RFP 83310122R0003

SBA sets the SBA Size Standards within the published Table of size standards per the North American Industry Classification System (NAICS) Code.

A.2 NAICS CODE and PSC ASSSIGNMENTS 541199 – All Other Legal Services USD $12M SBA Size Standard R418 – Legal Services A.3. 52.216-1 Type of Contract.

Per the Federal Acquisition Regulations (FAR) Part 12 Acquisition of Commercial Products and Commercial Services, this acquisition constitutes an acquisition of commercial products or commercial services IAW 12.102. The contract format is generally IAW FAR 12.303, Contract Format for Acquisition of Commercial Products and Commercial Services.

As a Commercial Item/Service Acquisition, conducted as a Full and Open Competition (unrestrictive) per FAR 6.102 and 12, the government contemplates award of a single contract with CLINS for Firm-Fixed-Price (FFP) to cover any resulting tasks from this solicitation.

(End of provision) IAW FAR 12.214, the resulting contract exempt from 48 CFR § 9903.201-1 - CAS applicability, Cost Accounting Standards (CAS). However, the CAS standards/definitions/procedures for travel expenses are made applicable to this contract and each task order issued thereunder, as a matter of contract administration.

Contractor is to provide commercial best customer firm-fixed pricing to cover all the requirements and tasks per this solicitation.

Section B – Continuation of SF 1449 B.1 SUBMISSION OF INVOICES (CONTINUATION OF BLOCK 18b) Submission of Invoices to the Invoice Processing Platform (IPP) Offeror / contractor must be registered in the System for Award Management (SAM) https://www.sam.gov.

Invoicing instructions will be provided upon receipt of an award.

Additional Invoice Requirements:

• Contractor invoices must clearly be in in a font size that is greater than a 7-font size.

• Contractor invoices must provide a clear explanation for each expense from a third-party vendor/subcontractor which the contractor is submitting to EXIM in its prime contractor invoice.

• Acronyms must be spelled out or an acronym key provided on the invoice.

• Each invoice must be complete and “proper” before it shall be considered received for the purposes of Prompt Payment Act interest accrual.

• Each invoice submitted by the contractor constitutes an official statement of the contractor seeking a benefit/compensation from the US Government.

B.2 SCHEDULE OF SUPPLIES/SERVICES (CONTINUATION OF BLOCK 19-24)

Proposed pricing shall be in United States Dollars (USD) and rounded to the nearest whole cent. The Schedule of Supplies/Services (Schedule) is to be provided by the vendor to meet all requirements in their entirety as identified in this solicitation.

Per Year Price *

Multi-Year Commitment Price **

* Per Year Price will be funded at the time option periods are exercised.

** Multi-Year CLIN(s) may be funded annually or upon availability of funds for more than one year. Pricing for multi-year can be for two, three, four, or five years to provide a discounted price for a longer term commitment. IAW Cancellation Ceiling FAR 17.106-1(c), In the event that a 3 to 5-year (multi-year) contract is awarded, the contract MUST include a cancellation fee provision that pays the selected vendor a negotiated fee if EXIM decides to cancel the contract before the end of the agreed upon Period of Performance (PoP). The Contracting Officer shall negotiate this cancellation fee. Cancellation fee must be less than the cost of one or two courses taken by staff prior to the cancellation.

All work performed by the prime contractor and each of its subcontractors/suppliers shall be performed in accordance with commercial business practices and regulated labor standards prevailing in the jurisdiction where the services are being performed. The contractor is responsible for ensuring that all such practices and labor standards are enforced and followed and agrees to hold harmless and indemnify the US Government for any violation of same.

B.3.2. SAFETY REQUIREMENTS

All work performed by the prime contractor and each of its subcontractors/suppliers shall be performed in accordance with commercial business practices and regulated labor standards prevailing in the jurisdiction where the services are being performed. The contractor is responsible for ensuring that all such practices and labor standards are enforced and followed and agrees to hold harmless and indemnify the US Government for any violation of same.

B.3.3. PERIOD OF PERFORMANCE

The period of performance for this purchase order is one (1) year from the date of award. With the right to extend up to 6-months per clause 52.217-8.

B.3.4. PLACE OF PERFORMANCE

The primary place of performance will be at the contractor’s facilities and the contractor must provide all necessary equipment, tools, materials, or other to successfully complete performance for each task.

Statement of Requirements EXIM employs a number of attorneys (approximately 50) licensed in various jurisdictions (states). Each jurisdiction sets its own requirements regarding CLE for attorneys licensed within that jurisdiction. EXIM attorneys, paralegals, legal assistants, and other officers/employees of EXIM may have the need to conduct legal research on topics for which CLE materials may be relevant. To fill these requirements, EXIM seeks to award a firm-fixed price contract, for commercially available CLE legal training services that will provide, among other things:

· Courses/seminars/training qualified for CLE credit in a majority, if not all, of states and jurisdictions within the U.S.;

· High quality, in depth legal training courses and material covering a variety of legal topics, including legal ethics;

· Courses that are on demand, live in person, or live via remote means;

· Unlimited access to CLE for each attorney/staff during each annual period; and

· Receipt of certification of course completion with State bar qualification information.

EXIM will evaluate offers with particular emphasis upon:

· Pricing – a FFP for annual access for the entire body of attorneys/staff is preferred,

· Number of personnel eligible for unlimited access under the subscription,

· Variety of topics (i.e., catalog) and means of delivery for the training/courses (i.e., on demand/remote/in person),

· Interactive web-based listing of training courses that is updated throughout the month,

· Accreditation for CLE in various states, and

· Help desk availability to assist EXIM users with access to courses and obtaining certificates of CLE completion.

Applicable Conditions The services contemplated by this Contract will be performed in the United States. EXIM does not anticipate that the awardee will be required to perform services outside of it normal business locations. Throughout the contract performance period, the awardee must maintain CLE certification in all of the states and jurisdictions in which its offerings were eligible for CLE at the time of award. If the awardee should lose CLE certification in one or more of the represented states, the awardee shall take all actions reasonably necessary to become re-certified in those states in as timely a manner as reasonably possible. If re-certification is not forthcoming within a reasonable time period, a deductive modification against the FFP of the contract may be imposed by the Contracting Officer.

Costs and Period of Performance The following represent the Government’s best estimate of need for these particular services:

Firm-Fixed Price Contract - NTE $25,000 for each annual performance period. The contract shall include FAR 52.217-8 (option to extend services for up to six months after contract expiration) and 52.217.9 (to exercise award of Option Years following the Base Year).

Alternatively, the FFP contract may be awarded for a 3 to 5-year period (multi-year contract) without the award of individual Option Years. In the event that a 3 to 5-year FFP contract is awarded, the contract shall also include FAR 52.217-8 and 52.217.9.

Capability or Performance The Contractor is to provide all labor, materials, postage equipment, tools, travel, and supervision necessary to administer the CLE and legal training services described in the Statement of Requirements.

Delivery or Performance-Period Requirements Base Year plus Four Option years, or in the alternative, a 3 to 5-Year, Multi-year Contract.

The estimated duration of the FFP contract issued pursuant to this RFQ is five years (1-year base contract plus 4 option years or a 3 to 5-year contract). As discussed above, EXIM employs a stable of attorneys that are vital to EXIM’s proper functioning. These attorneys have a recurrent need to fulfill their CLE requirements on an annual basis. These attorneys also have a professional obligation to be knowledgeable in their respective fields and stay “up to speed” on emerging legal concepts and changes in the law that may affect their work. Thus, the need for CLE and legal training services is an on-going need that will more than likely continue beyond the next 5 years. As such, EXIM believes that the full 5-year POP under the FFP contract is reasonable.

Management Information Requirements The selected vendor will submit monthly status reports to EXIM. The selected vendor will apprise EXIM of all substantial developments during administration of the contract as soon as such developments are made known to the vendor. A course offerings catalog will be required. Changes to the course catalogue must be made with as much advance notice as possible. The catalog and course offerings must be available for EXIM staff viewing on a 24/7 online basis.

Inherently Governmental Functions In accordance with FAR Subpart 7.5, the services to be rendered under the FFP contract are not considered to be Inherently Governmental Functions or in support of Inherently Governmental Functions. Conducting training in legal and commercial subject matters is a commercial industry. While Government employees may often be instructors of such training, the nature of the training is commercial and not unique to the Government.

Contract Administration The Export Import Bank Acquisition Services Office will administer the contract. A Contracting Officer’s Representative (COR) will be designated by the Contracting Officer. The COR, to the maximum extent practicable, will serve as the day to day technical/administrative monitor of the contract..

B.5 DELIVERABLES SPECIFIC

Reference Statement of Requirements above.

B.6 COOPERATION

The contractor will be required to cooperate with any other firms or individuals as directed by EXIM.

B.7 INFORMATION PROTECTION

Contractor shall be responsible for properly protecting all information used, gathered, or developed as a result of this contract. Contractor shall implement procedures that ensure appropriate administrative, technical, and physical safeguards are established for the security and confidentiality of US Government information, data, and/or equipment.

The contractor’s procedures with respect to access to / safeguarding / use of government information / records / data shall be consistent with then current US Government law and regulation in general, and the OMB Circular A-130 Management of Federal Information Resources in particular.

In addition, during all activities and operations on government premises, the contractor shall comply with the policies, rules, procedures, and regulations governing the conduct of personnel upon or within government facilities, and or the protection of government information / records / data as are in general effect and or promulgated locally by EXIM, written or oral. All documents and information in contractor’s possession pertaining to government network vulnerabilities, security policy, operational procedures or related functions shall be maintained by the contractor under absolute accountability and relinquished to the COR upon completion of the contract.

B.8 COMPLIANCE WITH INFORMATION TECHNOLOGY SECURITY POLICES, PROCEDURES, AND REQUIREMENTS IAW FAR 4.1903 and 52.204-21 Basic Safeguarding of Covered Contractor Information Systems, the contractor shall comply with all security requirements, including but not limited to the regulations and guidance found in the Federal Information Security Management Act of 2014 (“FISMA”), Privacy Act of 1974, E-Government Act of 2002, National Institute of Standards and Technology (“NIST”) Special Publications (“SP”), including NIST SP 800-37, 800-53, and 800-60 Volumes I and II, Federal Information Processing Standards (“FIPS”) Publications 140-2, 199, and 200, OMB Memoranda, Federal Risk and Authorization Management Program (“FedRAMP”).

a) Section 508 – Accessibility of Electronic and Information Technology This requirement is subject to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by the Workforce Investment Act of 1998 (P.L. 105-220).

URL: https://www.congress.gov/bill/105th-congress/house-bill/1385 full text: https://www.congress.gov/105/plaws/publ220/PLAW-105publ220.pdf Section C – Contract Clauses

C.1 PROVISIONS AND CLAUSES INCORPORATED BY REFERENCE (IBR) IAW FAR 52.102

The following provisions and clauses were pulled from the Federal Acquisition Regulations FAR Smart Matrix and are incorporated by reference per the Subpart 52.3 - Provision and Clause Matrix Key in addition to the clauses 51.212-4 and 52.212-5 incorporated in full text with the SF 1449.

or Clause (C)

52.203-17 Contractor Employee Whistleblower Rights and Requirements to Inform Employees of Whistleblower Rights

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States.

52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran---Representation and Certifications.

52.229-14 Taxes---Foreign Contracts in Afghanistan (North Atlantic Treaty Organization Status of Forces Agreement).

52.232-12 Advance Payments

C

C.2 PROVISIONS AND CLAUSES INCORPORATED BY FULL TEXT

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services.

Referenced below in Section E.

52.212-2 Evaluation—Commercial Products and Commercial Services Referenced below in Section E.

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.

SAM.gov prime contractor information shall be used for 52.212-3.

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.

Included in full text with Standard Form (SF) 1449 of this solicitation.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services.

Included in full text with Standard Form (SF) 1449 of this solicitation.

52.217-8 Option to Extend Services.

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. 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 fifteen (15) days.

(End of clause) 52.217-9 Option to Extend the Term of the Contract.

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

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

d) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and 6 months.

(End of clause) 52.252-4 Alterations in Contract.

As prescribed in 52.107(d), insert the following clause in solicitations and contracts in order to revise or supplement, as necessary, other parts of the contract, or parts of the solicitation that apply after contract award, except for any clause authorized for use with a deviation. Include clear identification of what is being altered.

Portions of this contract are altered as follows: To be determined by the contracting officer as applicable.

(End of clause) 52.232-18 Availability of Funds.

As prescribed in 32.706-1(a), Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of clause) 52.252-1 Solicitation Provisions Incorporated by Reference.

This solicitation incorporates one or more solicitation 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.acquisition.gov (End of provision) 52.252-2 Clauses Incorporated by Reference.

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/these address(es): www.acquisition.gov (End of clause)

17.204 Contracts.

e) The contract shall specify limits on the purchase of additional supplies or services, or the overall duration of the term of the contract, including any extension.

f) The contract shall state the period within which the option may be exercised.

g) The period shall be set so as to provide the contractor adequate lead time to ensure continuous production.

h) The period may extend beyond the contract completion date for service contracts. This is necessary for situations when exercise of the option would result in the obligation of funds that are not available in the fiscal year in which the contract would otherwise be completed.

i) Unless otherwise approved in accordance with agency procedures, the total of the basic and option periods shall not exceed 5 years in the case of services, and the total of the basic and option quantities shall not exceed the requirement for 5 years in the case of supplies. These limitations do not apply to information technology contracts. However, statutes applicable to various classes of contracts, for example, the Service Contract Labor Standards statute (see 22.1002-

1) , may place additional restrictions on the length of contracts.

(f) Contracts may express options for increased quantities of supplies or services in terms of-

(1) Percentage of specific line items,

(2) Increase in specific line items; or

(3) Additional numbered line items identified as the option.

(g) Contracts may express extensions of the term of the contract as an amended completion date or as additional time for performance; e.g., days, weeks, or months.

Section D – Contract Exhibits

D.1 PAST PERFORMANCE QUESTIONNAIRE

52.212-1(b)(10), Past performance information Past performance must include recent and relevant contracts for the same or similar items / services.

Contractor is to provide details for three (3) contracts for the same or similar requirements of this solicitation with the information identified in the below table (Blocks 1.0, 2.0, and 3.0) to EXIM. EXIM will contact POCs to verify information and solicit a response from the POCs based on the criteria in Block 4.0. In the event an offeror refers to a contract previously performed or currently performed for EXIM for over 3 years, the contracting officer may take notice of the experience of EXIM personnel in working with the offeror on the previous or current contract with EXIM.

(Must provide two (2) references for each contract) Past Performance Questions

2. Number of Modifications:

3. Performance Contractor Name:

4. Contractor Telephone Numbers:

5. Type of Contract:

6. Type of Work Performed:

7. Clearance Required: Y/N

8. Description of work and location (city, state, and county) of performance:

9.1. Contract Amount:

9.2. Initial Amount:

9.3. Final Amount:

10. Contract Period:

11. Date of Award:

12. Ultimate Period of Performance Completion Date:

13.1. Type and Extent of Subcontracting (if any):

13.2 Subcontractor Name(s):

1.1 Name:

1.2 Phone Number:

1.3 Email:

1.4 Address:

2.1 Name:

2.2 Phone Number:

2.3 Email:

2.4 Address:

Past Performance Response from POC --- RATINGS (References provided, will be requested to identify contractor’s past performance per ratings shown below when contacted for verification.):

Excellent: Contractor’s performance clearly exceeds all contractual requirements.

Good: Contractor’s performance exceeds some contractual requirements while meeting other contractual requirements.

Satisfactory: Contractor’s performance meets all contractual requirements but does not exceed.

Marginal: Contractor’s performance meets some of the contractual requirements and does not meet other contractual requirements.

Unsatisfactory: Contractor’s performance does not meet any contractual requirements.

Section E – Solicitation Provisions E.1 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services.

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition— Is set aside for small business and has a value above the simplified acquisition threshold;

Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to- GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST ( https://assist.dla.mil/online/start/).

(ii) Quick Search ( http://quicksearch.dla.mil/).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard ( https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

E.2 ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS

Best Value Determination and Evaluation for Basis of Award The competition for this IDIQ contract award is being conducted as a best value determination, as defined at FAR 2.101, and in accordance with FAR 12 and 13.5. Best value means the expected outcome of an acquisition that, in the government's estimation, provides the greatest overall benefit in response to the requirement. A best value determination may lead to an award to a higher priced offeror whose technical proposal exceeds in quality that of a lower priced offer as described per FAR 15.101 Best value continuum, 15.101-1 Tradeoff process. This tradeoff process will be performed using the evaluation of best value procedures IAW FAR Subpart 12.6 Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services based on, provision at 52.212-2, paragraph (a), tailored as below.

The government intends to award one (1) contract per this solicitation. However, based on price and other considerations, the government reserves the right to award without discussions to the offeror(s) representing the best value to the government. To prepare for that possibility, each initial proposal should contain the offeror’s best terms from both a price and a technical standpoint.

E.3 52.212-2 Evaluation—Commercial Products and Commercial Services

(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 significant evaluation factors shall be used in descending order of importance to evaluate offers:

(i) technical capability(ies) (10-page limit), to meet the government’s requirement and addresses,

a. summary of qualifications,

b. number of states certified to provide CLE training,

(ii) past performance (FAR 15.304), and

(iii) pricing.

IAW FAR 15.304, technical and past performance, when combined, are more important when compared to 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) A contract may be awarded to the offeror(s) deemed responsible whose proposal conforms to the solicitation’s requirements of this solicitation, all stated terms, conditions, representations, certifications, and all other information required by this solicitation and is determined, based on evaluation factors, to represent the best value to the government through an integrated review, observation, evaluation, and assessment of an initial qualified offeror’s oral presentation and written proposal.

* An evaluation debrief upon request will be provided after notice of an unsuccessful evaluation or after award per FAR 52.212-1(I) but shall be provided only once.

Correction Potential of Proposals The government will consider, throughout the evaluation, the "correction potential" of any deficiency. The judgment of such "correction potential" is within the sole discretion of the government. If an aspect of an offeror's proposal does not meet the government’s requirements and is not considered correctable, the offeror may be eliminated from further evaluation.

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