Combined Synopsis-Solicitation - Pilot Training1.docx

U.S. Department of Justice Federal Bureau of Investigation Facilities Acquisition Unit Washington D.C

Jul 22, 2020

RE: RFQ – DJF-20-2200-PR-0004433

All Interested Parties:

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 Federal Bureau of Investigation (FBI) is issuing a Request for Quote (RFQ) under solicitation number RFQ - DJF-20-2200-PR-0004433. This acquisition is set-aside for 100% Small Business Concerns. The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2020-07, effective June 05, 2020. The Government anticipates issuing a single contract award however, reserves the right to award multiple contracts if determined to be in the best interest of the Government. The contract(s) will be a fixed price, indefinite-delivery indefinite-quantity type contract. The North American Industry Classification System code is 611512, Flight Training.

The requirements under this solicitation will be awarded pursuant to Federal Acquisition Regulation (FAR) 13.5 and the specific requirements outlined in this request with attachments.

Description of the Requirement The contractor shall provide training and evaluation services required in order to obtain initial FAA Helicopter CFI or CFI-I certifications. The objective of this requirement is for selected THU pilots to obtain his/her initial FAA Helicopter CFI or CFI-I certification using contractor-provided instructors, facilities and aircraft that meet or exceed relative Federal Aviation Administration (FAA) standards. The Contractor shall perform these services in accordance with (IAW) the standards and objectives specified in the attached Performance Work Statement (PWS) and associated FAA standards.

The combined ceiling of all Task orders awarded under this requirement will not exceed $500,000.00 over the 5 year life of the contract(s). The minimum guaranteed order under this contract will be one training session for one student per contract(s) awarded. The Government shall not be required to purchase from the successful Vendor(s) any additional quantities after the initial guaranteed minimum.

Period of Performance/Ordering Period Ordering Period - The ordering period for this contract is from the effective date of the contract through 60 months.

Period of Performance - Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The Contractor shall not be required to make any deliveries under this contract after 12 months from the expiration of the ordering period Commercial Clauses and Provisions:

FAR 52.212-1 Instructions to Offerors – Commercial Items, January 2017 is hereby incorporated by reference, with the same force and effect as if it were given in full text. In addition to any addendum provided via attachment to this Solicitation, all terms and conditions of FAR 52.212-1 remain in effect FAR 52.212-2 Evaluation – Commercial Items, October 2014 – This provision has been tailored to this procurement and is provided via attachment to this solicitation Each Vendor shall ensure the provision at FAR 52.212-3 including its Alternate I, Vendors Representations and Certifications—Commercial Items, November 2017 are updated at www.sam.gov. Failure to obtain SAM registration may result in submissions not being considered for award.

The Clause at FAR 52.212-4, Contract Terms and Conditions – Commercial Items, January 2017 is hereby incorporated by reference, with the same force and effect as if it were given in full text.

The Clause at FAR 52.212-5, Contract Terms And Conditions Required to Implement Status of Executive Orders—Commercial Items, November 2017 is hereby incorporated by reference, with the same force and effect as if it were given in full text.

Additional Clauses and provisions can be found in the Attachments.

Inquiries:

All inquiries regarding this solicitation must be received in writing by 10:00 AM EST on August 5, 2020.

Responses:

All proposals must be received by the Contract Specialist and the Contracting Officer no later than 3:00 PM EST on Thursday, August 13, 2020 to the following email addresses listed below:

Jared Jackson, Contract Specialist jbjackson@fbi.gov Steven Bonds, Contracting Officer scbonds@fbi.gov

Attachment List (double-click on Icon to display attachment)

1 - PWS

2 – Pricing Schedule

3 – Additional Clauses

4 – Quotation Instructions and Basis for Award (Addendum to 52.212-1 and 52.212-2)

image2.emf

Attachment 3 - Additional Clauses and Provisions.pdf

Attachment 3 – Additional Clauses and Provisions

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 clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far

52.202-1 DEFINITIONS NOV 2013

52.203-5 COVENANT AGAINST

CONTINGENT FEES

MAY 2014

52.203-7 ANTI-KICKBACK

PROCEDURES

52.203-8 CANCELLATION,

RECESSION, AND

RECOVERY OF FUNDS

FOR ILLEGAL OR

IMPROPER ACTIVITY

52.203-12 LIMITATION ON

PAYMENTS TO

INFLUENCE CERTAIN

FEDERAL

TRANSACTIONS

OCT 2010

52.203-17 CONTRACTOR

EMPLOYEE

WHISTELEBLOWER

RIGHTS AND

REQUIREMTN TO

INFORM EMPLOYEES

OF WHISTLEBLOWER

RIGHTS

APR 2014

52.204-4 PRINTED OR COPIED

DOUBLE-SIDED ON

RECYCLED PAPER

MAY 2011

52.204-7 SYSTEM FOR AWARD

AND MANAGEMENT

OCT 2016

52.204-13 SYSTEM FOR AWARD

MANAGEMENT

MAINTENANCE

OCT 2016

52.204-19 INCORPORATION BY

REFERENCE OF

REPRESENTATIONS

AND CERTIFICATIONS

DEC 2014

52.209-11 REPRESENTATION BY

CORPORATIONS

REGARDING

DELINQUENT TAX

LIABILITY OR A

FELONY CONVICTION

UNDER ANY FEDERAL

LAW

FEB 2016

52.212-4 CONTRACT TERMS

AND CONDITIONS –

COMMERCIAL ITEMS

JAN 2017

52.216-27 SINGLE OR MULTIPLE

AWARDS

OCT 1995

52.222-17 NONDISPLACEMENT

OF QUALIFIED

WORKERS

52.223-6 DRUG-FREE

WORKPLACE

MAY 2001

52.225-25 PROHIBITION ON

ENGAGING IN

SANCTIONED

ACTIVITIES

RELATING TO IRAN –

CERTIFICATION

OCT 2015

52.227-17 RIGHTS IN DATA-

SPECIAL WORKS

DEC 2007

52.232-1 PAYMENTS APR 1984

52.232-39 UNENFORCEABILITY

OF UNAUTHORIZED

OBLIGATIONS

JUN 2013

52.233-4 APPLICABLE LAW

FOR BREACH OF

CONTRACT CLAIM

OCT 2004

52.242-13 BANKRUPTCY JUL 1995

52.244-6 SUBCONTRACTS FOR

COMMERCIAL ITEMS

NOV 2017

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (NOV 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009).

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct

2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

_X__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15

U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

(16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Nov 2016) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov

2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15

U.S.C. 637(m)).

_X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016)

(E.O. 13126).

_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X__ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

_X__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

X___ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

_X__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_X__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

_X__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

_X__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-

Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and

Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014)

(E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct

2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving

(Aug 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

_X__ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-

138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for

Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

___ (55) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management

(Jul 2013) (31 U.S.C. 3332).

_X__ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(12)).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price

Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C.

chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price

Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May

2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014)

(42 U.S.C. 1792).

___ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor

Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause

52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and

E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May

2014) (41 U.S.C. chapter 67.)

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xviii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year

2008; 10 U.S.C. 2302 Note).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42

U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of the contract through 60 months.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 ORDER LIMITATIONS (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $5.00, the Government is not obligated to purchase, nor is the

Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of $500,000.00;

(2) Any order for a combination of items in excess of $1,000,000.00; or

(3) A series of orders from the same ordering office within thirty (30) days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-

21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within ten (10) days after issuance, with written notice stating the

Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the

Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 12 months from the last day of the ordering period.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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 the ordering period hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor prior to the expiration of the contract’s effective period.

52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond September 30 of the base year or any option year exercised. The Government’s obligation for performance of this contract beyond that date 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 for performance under this contract beyond September 30 of the base year or any option year exercised, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

OR OTHER NATIONAL EMERGENCY (MAY 2008)

During a Pandemic or other emergency, we understand that our contractor workforce will experience the same high levels of absenteeism as our Federal employees. Although the

Excusable Delays and Termination for Default clauses used in Government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make reasonable effort to keep performance at an acceptable level during emergency periods.

The Office of Personnel Management (OPM) has provided guidance to Federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce. Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services during a pandemic influenza or other emergency situation.

The types of actions a Federal contractor should reasonably take to help ensure performance are:

· Encourage employees to get inoculations or follow other preventive measures as advised by the public health service.

· Contractors should cross-train workers as backup for all positions performing critical services.

This is particularly important for work such as guard services where telework is not an option.

· Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful remote work in an emergency.

· Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency.

· Establish communication processes to notify employees of activation of this plan.

· Integrate pandemic health crisis response expectations into telework agreements.

· With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period). Security concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees’ personal computers and provide them with PCs or laptops as appropriate.

· Determine how all employees who may telework will communicate with one another and with management to accomplish work.

· Practice telework regularly to ensure effectiveness.

· Make it clear that in emergency situations, employees must performance all duties assigned by management, even if they are outside usual or customary duties.

· Identify how time and attendance will be maintained.

It is the contractor’s responsibility to advise the Government Contracting Officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary.

This means direct communication with the Contracting Officer or in his/her absence, the

Contracting Officer’s Representative, via telephone or e-mail messages acknowledging the contractor’s notification. The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining continuity of operations.

The Department does reserve the right in such emergency situations to use Federal employees, employees of other agencies, contracting support from other existing contractors, or to enter into new contracts for critical support services. Any new contracting efforts would be acquired following the guidance in the Office of Federal Policy issuance “Emergency Acquisitions”, dated

May 2007 and Subpart 18.2, Emergency Acquisition Flexibilities, of the Federal Acquisition

Regulations.

JAR 2852.201-70 CONTRACTING OFFICER’S REPRESENTATIVE (COR) (JAN 1985)

A. An individual that shall be named upon contract award is hereby designated to act 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 contract 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 of Work, the Contracting Officer shall issue such changes.

(End of clause)

CONTRACTOR SUITABILITY REQUIREMENT

Access to FBI facilities and information is subject to specific security and suitability requirements. The FBI reserves the right and prerogative to deny and/or restrict facility and information access of any contractor employee determined by the FBI, at any time during performance, to be unsuitable for access and/or present a risk of compromising sensitive government information to which he or she would have access to under this contract. Contractors will be allotted a reasonable amount of time, determined by the government, to replace the employee found not suitable for continued contract performance. Failure to replace the employee may result in a no cost termination for cause by the government.

[End of Clause]

DEPARTMENT OF JUSTICE (DOJ) RESIDENCY REQUIREMENT

The residency requirement states that, for three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a 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; or 3) be a dependent of a Federal or military employee serving overseas.

If the individual is not a U.S. citizen, he/she must be from a country allied with the U.S. The following website provides current information regarding allied countries:

http://www.opm.gov/employ/html/citizen.htm

By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.

This requirement can be waived for short-term contractors (those performing duties for a cumulative of 14 days or less), if there is a critical need for their specialized and unique skills.

These individuals must be a U.S. citizen or Permanent Resident Alien. A waiver request from the

Head of the Component outlining the extenuating circumstances along with the requisite contractor clearances security package should be submitted for approval to the Security Officer.

[End of Clause]

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

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):

https://www.acquisition.gov/far/

NUMBER TITLE DATE

52.203-11 CERTIFICATION

AND DISCLOSURE

REGARDING

PAYMENTS TO

INFLUENCE

CERTAIN FEDERAL

TRANSACTIONS

SEP 2007

52.203-18 PROHIBITION ON

CONTRACTING

WITH ENTITIES

THAT REQUIRE

CERTAIN INTERNAL

CONFIDENTIALITY

AGREEMENTS OR

STATEMENTS--

REPRESENTATION

52.204-22 ALTERNATIVE LINE

ITEM PROPOSAL

52.216-27 SINGLE OR

MULTIPLE AWARDS

OCT 1995

https://www.acquisition.gov/far/

52.233-2 SERVICE OF

PROTEST

SEPT 2006

52.233-3 PROTEST AFTER

AWARD

AUG 1996

52.232-38 SUBMISSION OF

ELECTRONIC FUNDS

- TRANSFER

INFORMATION

WITH OFFER

JUL 2013

52.209-7 Information Regarding Responsibility Matters (JUL 2013)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission

Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed

Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the

Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and (2)

The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for

Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision) image3.emf

Attachment 4 – Instructions to Offerors and Basis for Award (Simplified).pdf

Attachment 4 – Instructions to Offerors and Basis for Award (Simplified)

1.0 QUOTATION INSTRUCTIONS

The following instructions establish the acceptable minimum requirements for the format and content of quotations. Special attention is directed to the requirements for technical and business quotations to be submitted in accordance with these instructions.

(a) Contract Type and General Provisions: The Government contemplates award of a Fixed

Price, Indefinite Delivery Indefinite Quantity contract.

(b) Submission of Quotation: The quotation shall be signed by an official authorized to bind the organization and should stipulate that it is predicated upon all of the terms and conditions of this

RFQ. To expedite the quotation evaluation, all documents required for responding to the RFQ shall be placed in the following order:

I. COVER PAGE / EXECUTIVE SUMMARY - Include RFQ number and title, Contractor’s name, address, POC, telephone number, facsimile number, and email address. Tax ID, DUNS, and Cage Codes for the prime and any proposed Subcontractors.

II. TECHNICAL APPROCH – The technical approach volume shall consist of a table of contents and supporting information demonstrating the contractor’s ability to meet/exceed the training standards objectives stated in the PWS. The volume shall discuss the contractor's understanding of the required tasks/training courses as described in the PWS and the methods to be used to meet and/or exceed the training standards and objectives. The Vendor shall describe in this section their training approach for each of the required courses outlined in the PWS. The

Vendor shall also describe at minimum their licensing and professional capabilities, Instructor qualifications, certifications, flight hours, training area and facilities, available training aircraft, training devices & simulators, training capacity, and past experience providing similar training in the United States.

IV. PRICE: Pricing should reflect firm fixed price effort utilizing the Government provided pricing sheet (Attachment 1). Pricing for this effort shall include all training services required by the PWS and any discounts that may be applicable. Pricing shall be provided for the entire 60 months which will be broken down into (5) 12 - month ordering periods (see attached pricing sheet).

PAGE LIMITS / CONDITIONS

The quotation shall consist of the following:

VOLUME TITLE PAGE LIMIT

Volume I Cover

Letter/Executive

Summary

2 Pages

Volume II Technical

Approach

30 Pages

Volume III Pricing Attachment # 2

Pricing Sheet

The Contractor shall submit one (1) electronic version compatible with the Microsoft Office

2007 Software Suite. An emailed copy of all requested information shall be provided to both the

Contract Specialist and the Contracting Officer by the specified due date/time. Print settings must be established so each page prints on an 8 ½ by 11 inch piece of paper. Files may be compressed, however please be advised that files larger than 10MB are not received by our system.

Page limitations shall be treated as maximums. If exceeded, the excess pages will not be read or considered in the evaluation of the quotation. A page is defined as each face of a sheet of paper containing information. When both sides of a sheet display printed material, it shall be counted as two (2) pages. The text size shall be Times New Roman in a font size no less than 11 point font.

Table of contents, cover sheets, and cover letters do not count against the page limits.

FAILURE TO FOLLOW THE FORMAT/PAGE LIMITS/CONDITIONS BELOW

COULD RESULT IN YOUR QUOTE BEING DETERMINED TO BE

NONRESPONSIVE.

2.0 BASIS FOR AWARD

The Vendors quotation will be evaluated in accordance with FAR 13.106-2. The Government will award a contract resulting from this solicitation to the responsible Vendor whose offer conforming to the solicitation will be most advantageous to the Government, price and technical capability considered. The Government anticipates issuing a single contract award however, reserves the right to award multiple contracts if determined to be in the best interest of the

Government. The following factors shall be used to evaluate offers:

I. Factor 1: Price – Contractor pricing is to be inserted in Attachment 2 – Pricing Sheet for evaluation. Price will be evaluated for completeness, reasonableness, and accuracy of quotation prices. Price will be evaluated by utilizing a price analysis. The

Total Evaluated Price (TEP) will be calculated as the sum of the Vendor’s proposed prices for the entire 60 month ordering period (year 1-5). Contractors that do not propose all of the line items for all 60 months may not be eligible for an award.

II. Factor 2: Technical Capability – The Government will evaluate the Vendor’s

Technical Approach to determine the manner and extent to which the Vendor’s proposed training approach and infrastructure will meet or exceed the government’s standards and objectives as described in the Performance Work Statement (PWS) and the requirements in the RFQ. The Government will consider the contractors licensing and professional capabilities, instructor qualifications, certifications, flight hours, training area and facilities, available training aircraft, training devices & simulators, training capacity, and past experience providing similar training in the United States.

The Government will make its selection based on the results of a trade-off analysis. Technical

Capability is significantly more important than price. The Government reserves the right to make award to the higher priced Vendor, if determined to be the best value for the government.

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