DJJ-16-R-EOA02-0014.pdf

Executive Office for United States

Attorneys

Acquisitions Staff Bicentennial Building

600 E Street NW, Suite 5200

Washington, DC 20530

November 4, 2015

Reference: Implicit Bias Training Services

Subject: Request for Quote

Solicitation Number DJJ-16-R-EOA02-0014

EOUSA

100% Small Business Set-Aside

Dear Offeror:

The Executive Office for United States Attorneys (EOUSA) invites contractors under the authority of the Federal Acquisition Regulation (FAR) Part 12 Acquisition of Commercial Items and Part 13

Simplified Acquisition Procedures, to submit a proposal for Implicit Bias Training Services described in the Statement of Work.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in

FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a separate solicitation will not be issued.

This procurement is a 100% Small Business Set Aside. The NAICS code for this solicitation is 541690.

In order to be considered a small business under this NAICS code, your average annual receipts must not exceed $15.0 million.

See Section L of the solicitation for mandatory contents of the proposal. Proposals are due no later than 2:00 PM, Eastern Standard Time on Wednesday, December 09, 2015.

Questions may be emailed to Elisa Oliver at Elisa.Oliver@usdoj.gov. At the Government’s discretion, questions may or may not be answered; questions that are answered may be provided to all prospective offerors.

In accordance with FAR 13.106-3(c), if the award value is less than the Simplified Acquisition Threshold

(currently $150,000.00), the only automatic notice of award to unsuccessful offerors will be a notification through an electronic commerce method (FedBizOpps.gov).

Proposals submitted in response to this RFQ will only be received in the following manner: via email

(preferred), regular mail (please allow additional time for security screening of mail) or hand carried.

Proposals may also be forwarded by Courier or Overnight Mail Service to the attention of the undersigned at EOUSA.

Email Address: Elisa.Oliver@usdoj.gov

Hand-Carried and Mailing Address:

Executive Office for the United States Attorneys

Attention: Elisa Oliver

Sincerely, Elisa Oliver

Contracting Officer

EOUSA Acquisitions Staff

DJJ-16-R-EOA02-0014 Implicit Bias Training

STATEMENT OF WORK

Implicit Bias Training

1. Background

The United States Attorneys’ offices (USAOs) have three statutory responsibilities: (1) the prosecution of criminal cases brought by the Federal Government; (2) the prosecution and defense of civil cases in which the United States is a party; and (3) the collection of debts owed the Federal Government which are administratively uncollectible. United States Attorneys and

Assistant United States Attorneys (AUSAs) exercise wide discretion in how they further the priorities of their local jurisdictions and the Department of Justice. The existence of implicit biases can compromise the effective disbursement of justice and promotion of public safety.

Implicit bias refers to a collection of unconscious attitudes and beliefs that manifest in behaviors towards individuals and groups. Unlike explicit bias (which reflects the attitudes or beliefs that one endorses at a conscious level), implicit bias is the bias in judgment and/or behavior that results from subtle cognitive processes (e.g., implicit attitudes and implicit stereotypes) that often operate at a level below conscious awareness and without intentional control. The underlying implicit attitudes and stereotypes responsible for implicit bias are those beliefs or simple associations that a person makes between an object and its evaluation that are automatically activated by the mere presence (actual or symbolic) of the attitude object. This phenomenon leaves open the possibility that even those dedicated to the principles of justice, at times, unknowingly make case-related decisions that may be unintentionally unfair. Although automatic, implicit biases are not completely inflexible: They are malleable to some degree and manifest in ways that are responsive to the perceiver’s motives and environment.

2. Price

Pricing Table

Grand Total

Base Year Estimated Cost

CLIN Item Description Unit Est Qty Unit Price Total

Curriculum Development

0001 Expert (see note 1) Each 1

Pilot Testing

0002 Expert (see note 1) Each 1

Training

0003 Option: Train-The-Trainers Classes ( see note 2) Each TBD

0004 Option: Distant Learning Classes ( see note 2) Each 1

0005 Technical Consultant Services (see note 2) Hour

Total Price Base Plus all Options:_______________________

Notes:

1. Contractor shall provide a firm fixed price to develop the curricula and pilot testing, CLINs

0001 and 0002. The curricula will be developed in the base year only.

2. We seek to train a total of 5,500 attorneys. Include a firm fixed price to develop train-the-trainer sessions to train Government instructors and a firm-fixed price to develop a distant learning program. The Government may order option CLIN 0003 or CLIN 0004 (base year), CLIN 1001 or 1002 (option year) separately or both. The contractor can choose if they want to offer one of the CLINS or both. Provide a firm-fixed labor hour price for technical consultant services in support of Train-The-Trainer and Distant Learning. Pilot Testing will be in the base year and option year.

3. The Government will require travel in support of this contract. The Contracting Officer will provide direction to the contractor when travel is required. All travel will be in accordance with the Federal Travel Regulation. Contractor shall provide all travel receipts, etc., with monthly invoice when travel is performed.

Other Direct Costs

To include travel, materials, shipping, etc) (see note 3) Each TBD

Total Base Price

Pricing Table

Grand Total

Option Year 1 Estimated Cost

CLIN Item Description Unit Est Qty Unit Price Total

Training

1001 Option: Train-The-Trainers Classes ( see note 2) Each TBD

1002 Option: Distant Learning Classes ( see note 2) Each 1

1003 Technical Consultant Services (see note 2) Hour

Other Direct Costs

To include travel, materials, shipping, etc) (see note 3) Each TBD

Total Option Year One Price

3. Scope

Because implicit bias is universal, USAOs endeavor to increase the awareness of and minimize the influence that implicit bias may play in the discretion exercised by AUSAs. USAOs seek to reduce the influence of implicit bias on case-related decision making through science-based implicit bias training. The specific training objectives are: (1) build awareness and understanding of the science of implicit bias; (2) explore the impact that implicit bias may play in handling criminal, civil, and appellate matters; and (3) identify the strategies to minimize the influence of implicit bias in case-related decision making.

The Contractor shall also confirm the most effective training method and format for the training given the audience, nature of the subject matter, and training objectives. The goal is to deliver this training to approximately 5,550 AUSAs who handle criminal, civil, and appellate matters.

3.1 Work Requirements

3.2 Curriculum Development

USAOs intend to contract with an expert in the science of implicit bias and its influence on case-related decision making.

(a) The expert shall prepare draft curricula as it relates to the nature of the work performed by criminal, civil and appellate AUSAs.

(b) For all curricula, the expert shall tailor the science to report studies that reflect the types of biases (e.g., against individuals based on race, gender, income, nationality, etc.)

that may manifest in case-related decisions. The expert shall: (1) identify the decisions and actions of AUSAs that may be influenced by implicit biases; (2) identify the key subject factors that might activate biases; (3) create “real life” case scenarios or case studies relevant to the work of the various AUSAs; (4) lay the foundation for USAO community to develop strategies, processes and procedures to mitigate the influence of implicit bias; (5) identify the most effective training methods and formats to deliver the training; (6) identify and/or develop, after approval of Contracting Officer, supplemental materials needed for the training (e.g. videos, role plays, scenarios, and training guides);

(7) identify and recommend ways to measure and evaluate the training objectives and goals; and (8) provide technical consultant services.

(c) After contract award, the Government will schedule a kick-off meeting with the contractor.

3.3 Pilot Tests of Curricula

The expert shall pilot test the draft curricula with target audiences, share and report pilot test results and evaluations, make necessary changes resulting from the tests, and finalize the curricula.

3.4 Potential Training Delivery Methods and Formats

a. Train-The-Trainers

The Contractor shall provide training to one or more instructors identified by each USAO enabling the instructors to then provide implicit bias training to the AUSAs in their respective district. This training would walk the instructors through both the content and training methodologies used in the curricula and allow the instructors to “practice teach” the content.

In addition, the expert shall: (1) provide technical assistance on key concepts and techniques and provide critical assessments of AUSA instructors’ training skills during their “practice” teaching; (2) observe two or three “actual” training sessions in the

USAOs to confirm the fidelity of the training model and make modifications to the training, as necessary; (3) develop instructor guides and other instructional material for

AUSA trainers; and (4) be available for technical consultations by designated personnel when the “actual” training sessions are delivered in USAOs.

The training program shall include: Pilot testing of the curricula; and three or four AUSA instructor training sessions.

b. Distance Learning

The Contractor shall develop and deliver the training using one or more of the following distance learning delivery methods: live remote; recorded; self-paced; and/or print content.

In addition, the Contractor shall provide: (1) develop training guides and other instructional material; and (2) be available for technical consultations by designated personnel.

3.5 Deliverables and Delivery Schedule

Curricula - Delivered within 12 months or less (base year)

Training – Delivered within 12 months or less (option year)

4. Performance

4.1. Period of Performance (POP): From date of award with 1 option year.

4.2 Place of Performance:

Performance can occur at Contractor’s facility and at various DOJ facilities around the country. One or two development meetings may be scheduled in Washington, DC and/or

Columbia, SC.

Depending on training delivery method,

(a) Three or four Train- the-trainer sessions will occur in Washington, DC, Columbia, SC, and a west coast location.

(b) Two or three sites will be selected for the Contractor to observe “actual” trainings in the USAOs.

(c) Distance learning product will be developed and executed in Columbia, SC.

4.3 Days/Hours of Performance:

The work schedule will be agreed upon with the COR to meet the overall delivery schedule deadlines for the curricula, pilot tests, and training.

5. Contracting Officer:

The Contracting Officer for this contract is:

Executive Office for US Attorneys

Acquisitions Staff

Written communications shall make reference to the contract number and shall be emailed to

Elisa.Oliver@usdoj.gov or mailed to the above address.

mailto:Elisa.Oliver@usdoj.gov

6. Payment/Invoice Requirements

Payment for firm fixed price deliverables will be made upon completion and acceptance of the final product by the government. Payment for training and consultant services rendered under this contract will be made on a monthly basis. To constitute a proper invoice, the invoice must be prepared in accordance with FAR 52.212-4(g). In addition, the following information must appear on the invoice:

1. Name and address of the Contractor

2. Invoice date

3. Contract number

4. Document control number (DCN)

5. Period covered by the invoice

6. CLIN number and description, quantity, unit price and extended total for the period covered

7. Name and address of Contractor official to whom payment is to be sent

(must be the same as that in the contract or in a proper notice of assignment)

8. Taxpayer Identification Number (TIN).

9. Copy of Employees’ time records

10. Data Universal Numbering Systems (DUNS) Number

Invoices shall be submitted to USAEO.OCIOAcctPayable@usdoj.gov and Suzanne Bell, Suzanne.L.Bell@usdoj.gov.

All follow-up invoices shall be marked “Duplicate of Original.” Contractor questions regarding payment information or check identification should be directed to DOJ Vendor Assistance Hotline on (202) 616-

6260.

mailto:USAEO.OCIOAcctPayable@usdoj.gov mailto:Suzanne.L.Bell@usdoj.gov

I. Contract Clauses

52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/ and http://farsite.hill.af.mil/vffar1.htm

(End of Clause)

Clauses Incorporated by Reference

52.203-3, Gratuities (Apr 1984)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014).

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011

52.212-4 Contract Terms and Conditions -- Commercial Items (May 2014). Labor Hour

Alternate I (May 2014)

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders

-- Commercial Items. (May 2015) - Alternate I (May 2014)

(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:

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

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

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:

http://www.acquisition.gov/ http://farsite.hill.af.mil/vffar1.htm

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

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(Jul 2013)

52.209-6 Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013)

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

52.219-8, Utilization of Small Business Concerns (May 2014) (May 2014) (15

U.S.C. 637(d)(2) and (3)).

52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637 (d)(4)).

52.219-14 Limitations on Subcontracting (Nov 2011)

52.219-28, Post Award Small Business Program Representation (Jul 2013) (15

U.S.C. 632(a)(2)).

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

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

52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014)

(E.O. 13126).

52.222-21, Prohibition of Segregated Facilities (Feb 1999).

52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

52.222-36, Equal Employment for Workers with Disabilities (Jul 2014) (29

U.S.C. 793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United

States.) (For purposes of this clause, “United States” includes the 50 States, the

District of Columbia, Puerto Rico, the Northern Mariana Islands, American

Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212)

(Applies to contracts of $100,000 or more).

52.222-40 Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010)

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

52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29

U.S.C. 206 and 41 U.S.C. chapter 67).

52.222-43 Fair Labor Standards Act and Service Contract Act -- Price Adjustment

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

chapter 67.).

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).

52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

52.222-55 -- Minimum Wages Under Executive Order 13658. (Dec 2014)

52.223-18, Encouraging Contractor Policies to Ban Text Messaging while

Driving (Aug 2011).

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).

52.227-14, Rights in Data-General (May 2014), Alternate IV (Dec 2007(c) (1)).

52.232-33, Payment by Electronic Funds Transfer— System for Award

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

Clauses Incorporated by Full Text

52.217-5 Evaluation of Options (Jul 1990)

When it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the

Government to exercise the option(s).

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 performance hereunder shall not exceed 6 months. The

Contracting Officer may exercise the option by written notice to the Contractor within 1 days.

(End of clause)

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 1 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 1 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 30 months.

(End of Clause)

2852.233–70, JAR Clause

2852.233-70, Protests filed directly with the Department of Justice (Jan 1998)

(a) The following definitions apply in this provision:

(1) "Agency Protest Official" means the official, other than the contracting officer, designated to review and decide procurement protests filed with a contracting activity of the Department of Justice.

(2) "Deciding Official" means the person chosen by the protestor to decide the agency protest; it may be either the Contracting Officer or the Agency Protest Official.

(3) "Interested Party" means an actual or prospective offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract.

(b) A protest filed directly with the Department of Justice must:

(1) Indicate that it is a protest to the agency.

(2) Be filed with the Contracting Officer.

(3) State whether the protestor chooses to have the Contracting Officer or the Agency

Protest Official decide the protest. If the protestor is silent on this matter, the Contracting

Officer will decide the protest.

(4) Indicate whether the protestor prefers to make an oral or written presentation of arguments in support of the protest to the deciding official.

(5) Include the information required by FAR 33.103(d)(2):

(i) Name, address, facsimile number and telephone number of the protestor.

(ii) Solicitation or contract number.

(iii) Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protestor.

(iv) Copies of relevant documents.

(v) Request for a ruling by the agency.

(vi) Statement as to the form of relief requested.

(vii) All information establishing that the protestor is an interested party for the purpose of filing a protest.

(viii) All information establishing the timeliness of the protest.

(c) An interested party filing a protest with the Department of Justice has the choice of requesting either that the Contracting Officer or the Agency Protest Official decide the protest.

(d) The decision by the Agency Protest Official is an alternative to a decision by the

Contracting Officer. The Agency Protest Official will not consider appeals from the

Contracting Officer's decision on an agency protest.

(e) The deciding official must conduct a scheduling conference with the protestor within five (5) days after the protest is filed. The scheduling conference will establish deadlines for oral or written arguments in support of the agency protest and for agency officials to present information in response to the protest issues. The deciding official may hear oral arguments in support of the agency protest at the same time as the scheduling conference, depending on availability of the necessary parties.

(f) Oral conferences may take place either by telephone or in person. Other parties may attend at the discretion of the deciding official.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/Far/33.htm#P38_6919

(g) The protestor has only one opportunity to support or explain the substance of its protest. Department of Justice procedures do not provide for any discovery. The deciding official may request additional information from either the agency or the protestor. The deciding official will resolve the protest through informal presentations or meetings to the maximum extent practicable.

(h) An interested party may represent itself or be represented by legal counsel. The

Department of Justice will not reimburse the protester for any legal fees related to the agency protest.

(i) The Department of Justice will stay award or suspend contract performance in accordance with FAR 33.103(f). The stay or suspension, unless over-ridden, remains in effect until the protest is decided, dismissed, or withdrawn.

(j) The deciding official will make a best effort to issue a decision on the protest within twenty (20) days after the filing date. The decision may be oral or written.

(k) The Department of Justice may dismiss or stay proceeding on an agency protest if a protest on the same or similar basis is filed with a protest forum outside the Department of Justice.

(End of Clause)

K. Representation, Certification, and Other Statements of Offerors

Clauses Incorporated by Reference

52.209-5 Certification Regarding Responsibility Matters (Apr 2010)

52.209-7 Information Regarding Responsibility Matters (Jul 2013)

52.212-3, Offeror Representations and Certifications -- Commercial Items (Mar 2015)

L. INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

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):

http://www.acquisition.gov/far/ and http://farsite.hill.af.mil/vffar1.htm http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/Far/33.htm#P38_6919 http://www.acquisition.gov/far/ http://farsite.hill.af.mil/vffar1.htm

(End of Provision)

Provisions Incorporated by Reference

52.216-27 Single or Multiple Awards (Oct 1995)

52.237-1 Site Visit (Apr 1984)

Provisions Incorporated by Full Text

52.212-1 Instructions to Offerors -- Commercial Items (Apr 2014)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block

10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(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 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);

(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.

(12) Do not alter or delete any preprinted information from SF-1449;

(13) Proposals are due to the Acquisitions Office by 2:00 pm EST on Wednesday, December 09, 2015. Proposals may be submitted to Elisa Oliver via email at Elisa.Oliver@usdoj.gov (preferred) or by mail or delivery at Executive Office for U.S.

Attorneys, 600 E Street NW, Suite 5200, Washington, DC 20530, Attn: Elisa Oliver. All eligible, responsible sources may submit a proposal, which shall be considered. Proposals that are submitted late will not be evaluated.

(14) All proposals/quotes shall be broken out into Four separate volumes and contain the following information:

Volume I: Technical Experience

At a minimum, the technical proposal shall include the information described below.

Each section of the proposal is subject to the page limitation shown in brackets after the section title. All page limitations are based on one side of 8.5" by 11" paper--margins and font size is up to the vendor.

(a) Executive Summary - not more than two (2) pages. Provide a concise narrative summary of your technical proposal highlighting any key or unique features. If any portion of the work will be subcontracted, identify the subcontractor(s) or team member(s) and their respective role(s).

(b) Technical Approach - not more than twenty-five (25) pages. Describe your approach to performing and managing the contract. Provide a detailed schedule for accomplishing curricula development, pilot testing, and the training via train-the-trainers and/or distant learning program(s).

(c) Staffing - Provide a project staffing chart showing the name of each individual assigned by functional area and the estimated hours to be worked by each individual. Note any existing security clearances.

(d) Oral Presentation- In addition to written proposals, Contractors may be asked to do an oral presentation on their technical proposal. Information will follow from the

Contracting Officer after written receipt of proposals.

Volume II: Key Personnel

Provide resumes of prospective key personnel. The proposed key personnel are the experts and trainers that will perform the tasks identified in the Statement of Work.

The resume(s) shall clearly demonstrate each individual’s experience and expertise in the specific area of Section C of the Statement of Work for which he/she is being proposed.

The resume(s) shall list the Key Personnel’s security clearance level, training and certifications, if any. Key personnel will be evaluated on their qualifications to provide the requested services and demonstrated experience in projects of similar size, scope, complexity and results.

Key Personnel references must be clearly labeled “Key Personnel references” and be included in Volume II.

Volume III: Past Performance

Past Performance and Experience- not more than three (3) pages. Provide past performance information related to the type of work described in the Statement of Work.

Describe experience providing similar services to legal governmental organizations.

Provide up to three (3) organizational past performance references for commensurate projects that are in progress or were completed within the last three (3) years of the

Solicitation Issue Date (See Standard Form 1449, block 6). If a Contractor will be using a subcontractor, up to three (3) references must be provided for the subcontractor as well.

Past performance references submitted for work that were not in progress or were not completed within the last three (3) years of the Solicitation Issue Date (See Standard Form

1449, block 6) will be accepted; however, these will be considered less relevant than the references within the three year period of the Solicitation Issue Date.

Past performance references may be from commercial or federal/state/local Government contracts; however, similar support services performed for federal government customers generally will be considered more relevant than those done for commercial or state government customers. The Contracting Officer has the discretion to retrieve information via offeror supplied references, commercial sources and federal sources including, but not limited to: Past Performance Information Retrieval System and Systems for Award

Management.

Organizational past performance references must be clearly labeled

“Organizational References” and be included in Volume III. If the organization does not have references, the offeror must so state (explicitly) in

Volume III.

The following information is required for each reference:

(a) Customer name and address

(b) Point of contact (name, telephone number) for contractual/administrative matters and technical performance.

(c) Period of contract performance

(d) Description of work performed

If the prime contractor is submitting subcontractor(s) as part of the proposal/quote, include the subcontractor’s signed written consent to allow the

Government to discuss subcontractor’s past performance with the prime contractor.

Volume IV: Price

Submit a price proposal as reflected in Section B to be evaluated for reasonableness.

At a minimum, the price proposal shall include the following information:

(a) Authorized Individuals. Provide the name, title, telephone number, fax number, and e-mail address for the individual designated as the central point of contact for this proposal. Provide the same information for the individual that would be identified in

Section G of the contract.

(b) Assumptions. Describe any assumptions used to develop the proposed prices.

(c) Pricing. Complete the pricing table located in Section B by inserting: firm-fixed price for each Contract Line Item (CLIN) 0001 and 0002 for the base year; the fixed rates

(per class) for CLINs 0003 and 0004 in the base year and CLINs 1001 and 1002 in the option year; include labor hour rate for technical consultant services for CLIN 0005 for the base year and CLIN 1003 for the option year; and all categories of Other Direct Costs

(ODC), CLIN 0006 for the base year and CLIN 1004 for the option year and the multiplier applied to each. ODCs may include such elements as travel, training, material, shipping, etc. The list of proposed labor categories and ODCs must include all resources necessary to perform all of the services described in Section 3.

(a) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(b) 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.

(c) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

(d) 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.

(D) 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.

(e) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers based on written proposals. 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.

(f) 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.

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

(1) 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 L’Enfant Plaza, SW

Washington, DC 20407

Telephone (202) 619-8925

Facsimile (202) 619-8978

(2) 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.

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

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

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

(c) ASSISTdocs.com (http://assistdocs.com).

(4) Documents not available from ASSIST may be ordered from the Department of

Defense Single Stock Point (DoDSSP) by—

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

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

(c) Ordering from DoDSSP, Building 4 Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697/2197, Facsimile (215) 697-

1462.

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

(h) Data Universal Numbering System (DUNS) Number. (Applies to offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the

System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer

(EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a

DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the

United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the Internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm http://fedgov.dnb.com/webform

(i) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the

Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

Offerors may obtain information on registration and annual confirmation requirements via the

SAM database accessed through https://www.acquisition.gov.

(j) 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 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 rationale for award;

(5) For acquisitions of commercial items, the make and model of the item 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.

52.216-1 Type of Contract (APR 1984)

The Government contemplates award of a Firm Fixed Price, Labor Hour contract resulting from this solicitation.

52.233-2 Service of Protest (SEP 2006)

(a) Protests, as defined in section 31.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government https://www.acquisition.gov/ https://www.acquisition.gov/far/current/html/Subpart%2031_1.html#wp1089550

Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Annette Jones

Executive Office for US Attorneys

Acquisitions Staff

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

8. EVALUATION FACTORS FOR AWARD

52.212-2 Evaluation – Commercial Items (Oct 2014)

(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.

The following factors shall be used to evaluate offers:

Technical Experience

Key Personnel

Past Performance

Price

Technical experience, key personnel, and past performance when combined, are significantly more important than cost or 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.