DJJ-17-R-EOA02-0156-guardservices.pdf

Executive Office for United States Attorneys

Acquisitions Staff Bicentennial Building

600 E Street, NW, Suite 5200

Washington, DC 20530

(202) 252-5400 FAX (202) 252-5401

May 25, 2017

Reference: Escort Pa t ro l Services

Subject: Request for Proposal

Solicitation Number DJJ-17-R-EOA02-0156 100% Small Business Set-Aside

Dear Offeror:

The Executive Office for United States Attorneys (EOUSA) on behalf of the United States Attorney’s Office, USAO District of New Jersey, 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 escort services to the parking lots of the employees of the U.S. Attorney's Office in Newark, New Jersey 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 561612. In order to be considered a small business under this NAICS code, your average annual receipts must not exceed $20.5 million.

See Section L and Attachment 3 (RFP Check List) of the solicitation for mandatory contents of the proposal. Proposals are due no later than 7:00 am, Eastern Standard Time on Monday, June 12, 2017.

Proposals submitted in response to this RFP will only be received in the following manner: via email to Elisa.Oliver@usdoj.gov

Questions may be emailed to Elisa Oliver at Elisa.Oliver@usdoj.gov. At the Government’s discretion, questions may or may 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).

Sincerely, Elisa Oliver

Contracting Officer EOUSA Acquisitions Staff mailto:Elisa.Oliver@usdoj.gov mailto:Elisa.Oliver@usdoj.gov

SECTION B

SUPPLIES/SERVICES AND PRICES

B.l General

(a) The contractor shall provide escort services to the parking lots of employees, described herein, at the United States Department of Justice, US Attorney's Office in Newark NJ and nearby parking lots.

(b) The contract term includes a base year and four option years as shown in the table below.

Contract Term

Base Year Option Year 1 Option Year 2 Option Year 3 Option Year 4

October 1, 2017 through September 30, 2018 October 1, 2018 through September 30, 2019 October 1, 2019 through September 30, 2020 October 1, 2020 through September 30, 2021 October 1, 2021 through September 30, 2022

B.2 Pricing

(a) All unit prices are fully loaded hourly rates and contain all costs (included but not limited to: labor, fringe benefits, overhead, G&A, profit and all costs associated with the two (2) vans necessary to provide the Escort Services required in the solicitation.

Base Year 10/01/2017 to 09/30/2018

ITEM. DESCRIPTION

Est.

Qty.

UNIT UNIT

PRICE

Extended Price

0001 (1) Escort 4:30p.m.- 7:30p.m.

Monday-Friday, excluding Federal Holidays

1560 HR

0002 (1) Escort 5:00p.m. 9:00p.m.

Monday-Friday, excluding Federal Holidays

1040 HR

TOTAL

ITEM '

.·.. DESCIUPTION Est.

Qty.

UNIT UNIT

PRICE

Extended Price

4001 (1) Escort 4:30p.m. -7:30p.m.

Monday-Friday, excluding Federal Holidays

1560 HR

4002 (1) Escort 5:00p.m.- 9:00p.m.

Monday-Friday, excluding Federal Holidays

Option Year One 10/01/2018 to 09/30/2019

ITEM DESCRIPTION

Est.

Qty.

UNIT UNIT

PRICE

Extended Price

1001 (1) Escort 4:30p.m. -7:30p.m.

Monday-Friday, excluding Federal Holidays

1560 HR

1002 (1) Escort 5:00p.m.- 9:00p.m.

Monday-Friday, excluding Federal Holidays

Option Year Two 10/01/2019 to 09/30/2020

ITEM DESCRIPTION Est..

Qty.

UNIT

I

UNIT

PRICE

Extended Price ''

2001 (1) Escort 4:30p.m.- 7:30p.m.

Monday-Friday, excluding Federal Holidays

1560 HR

2002 (1) Escort 5.:00p.m. - 9:00p.m.

Monday-Friday, excluding Federal Holidays

Option Year Three 10/01/2020 to 09/30/2021

ITEM

. DESCRIPTION Est Qty.

UNIT UNIT

PRICE

Extended Price

3001 (1) Escort 4:30p.m. -7:30p.m.

Monday-Friday, excluding Federal Holidays

1560 HR

3002 (1) Escort 5:00p.m.- 9:00p.m.

Monday-Friday, excluding Federal Holidays

Option Year Four 10/01/2021 to 09/30/2022

SECTION C

DESCRIPTION/SPECIFICATIONS/STATEMENT OF

WORK

Description

The contractor shall provide all labor hour basis, all manpower (including necessary supervision), materials, supplies, and equipment (except as otherwise provided) and shall plan, schedule, coordinate and assure effective performance of escort services, described herein, at the United States Department of Justice, US Attorney's Office in Newark NJ and nearby parking lots.

Scope of Work

The contractor shall provide uniformed escorts to be on duty at the times specified in the contract.

In the event of illness or unavailability of any escort, the contractor shall provide a fully qualified substitute.

The Escort(s) will provide escort services to federal employees between the Federal Building located at 970 Broad Street to parking lots and or central bus and train terminal (Pennsylvania Station). The Escort(s) shall wait a sufficient period (approximately 60 seconds) to assure that the employees have safely entered their vehicles.

The Escort(s) shall drive the employees to the employee's vehicle using a contractor furnished vehicle between the Federal Building and nearly parking lots such as those located on Beech Street, Mulberry Street, Walnut Street, Edison Park and Lock and the Symphony Hall parking lot on Broad Street.

When employees require an escort to the central bus and train terminal (Pennsylvania Station), the Escort (s) shall drive the employees to the station using a contractor furnished vehicle.

The contractor shall provide (2) Escorts:

(1) Escort-Monday-Friday, excluding Federal holidays 4:30pm-7:30pm

(1) Escort- Monday-Friday, excluding Federal holidays 5:00pm-9:00pm

The Contractor's employees shall sign in when reporting to work and sign out when leaving. The DOJ Daily Duty Register (to be furnished by the Government) shall be used by the Contractor's personnel to register their presence at the work site. The registration point will be located at the US Attorney's Office.

Reporting Work-Hours Provided

The Contractor shall submit to the COR at the end of each week, and, in addition, on the last working day of the month, a Work Report (to include at a minimum: name of employee, day(s) worked and number of hours worked) which shall be approved by the COR.

The report shall be certified by the Contractor as to its accuracy. This report will be used by the government to verify compliance with the work-hour requirements of the contract.

Removal from Duty

The COR may require the Contractor to immediately remove any employee(s) from the worksite(s) should it be determined that the individuals being assigned to duty have been disqualified for either suitability or security reasons, or are found to be unfit for performing security duties during their tour(s) of duty. The Contractor must comply with any such directives. For clarification, a determination of unfitness for duty may be made from, but not be limited to, incidents involving the types of misconduct or delinquency as set forth below:

a. Violations of the ''Rules and Regulations Governing Public Buildings and Grounds"' 41

CPR 101-20.3. .

b. Neglect of duty, including but not limited to sleeping while on duty, unreasonable delays, or failure to carry out assigned tasks, conducting personal affairs during official time, and refusing to render assistance or cooperate in upholding the integrity of the security program at the worksite.

c. Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records, or concealment of material facts by willful omissions from official documents or records.

d. Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by works or actions, or fighting. Also participating in disruptive activities, which interfere with the normal and efficient operations of the Government.

e. Theft, vandalism, immoral conduct, or any criminal actions.

f. Selling, consuming, or being under the influence of intoxicants, drugs, or substances, which produce similar effects.

g. Improper use of official authority or credentials

h. Unauthorized use of communications equipment or Government property.

Contractor Furnished Property

The Contractor shall furnish two (2) new passenger vans for escorting federal employees between the Federal Building located at 970 Broad Street to parking lots and or central bus and train terminal (Pennsylvania Station). Each passenger van must be able to accommodate up to 8-9 people at one time. The cost of the vans may not be billed as a direct cost to the Government under this contract.

The Contractor shall bear all expenses related to the operation of the passenger van including, but not limited to, maintenance, repair and storage. These expenses may not be billed as a direct cost to the Government under this contract. The Contractor shall maintain the passenger vans in good working order and unblemished appearance. Should the vehicle(s) become inoperable or unavailable, the Contractor must continue to provide the scheduled escort service, at no additional cost to the Government, by employing a substitute vehicle(s) until such time as the regular passenger van returns to service.

Qualifications of Escorts

All escorts performing under this contract at a minimum:

a) Shall be able to read, write, and speak the English language and perform their assigned duties. Shall be trained in security procedures, and emergency procedures for protection of government employees while under the contractor’s escort.

b) Shall have, as a minimum, a high school diploma or equivalent.

c) Shall have no established medical history or medical diagnosis of habitual alcoholism or drug addiction or where such a condition has existed, the individual shall provide certified documentation of having completed a rehabilitation program which would give a reasonable degree of confidence that the individual would be capable of performing assigned duties.

SECTION

D

PRESERVATION, PACKAGING AND

MARKING

Not Applicable.

SECTION E

INSPECTION AND ACCEPTANCE

FAR Clauses Incorporated by Full Text

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/far/ and http://farsite.hill.af.mil/vffar1.htm

(End of Clause) http://www.acquisition.gov/far/ http://farsite.hill.af.mil/vffar1.htm

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 Justice Acquisition Regulation (JAR) 2852.201-70 Contracting Officer's Representative (COR) – (EOUSA modified, March 2014)

(a) TBD after award. Mr./Ms. (Name) of (Organization) (Room No.), (Building), (Address), (Area Code & Telephone No.), is hereby designated to act as 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)

G.2 Administrative Contracting Officer

The Contracting Officer for this contract is:

Elisa Oliver

Executive Office for US Attorneys Acquisitions Staff 600 E Street NW, Suite 5200

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:Yu-Jin.Kim@usdoj.gov

G.3 Payment/Invoice Requirements

Payment for actual work and services rendered under this contract will be made in accordance with the Prompt Payment Act. Invoices shall be submitted monthly. To constitute a proper invoice, the invoice must be submitted in accordance with FAR 52.212-4(g).

The office that will make the payments due under this contract (i.e., the designated payment office) is:

U.S. Department of Justice Peter Rodino: Federal Building 970 Broad Street, Suite 700 Newark, New Jersey 07102

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.

G.4 Accounting and Appropriation Data

TBD after award.

DCN:

TAS:

Cost Center or Account Class:

SOC:

SECTION I

CONTRACT CLAUSES

FAR 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)

52.212-4, Contract Terms and Conditions -- Commercial Items (Jan 2017)

52.212-4, Contract Terms and Conditions -- Commercial Items (Jan 2017) Alternate I

52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2017)

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

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).

52.217-5, Evaluation of Options (Jul 1990)

52.217-8, Option to Extend Services (Nov 1999)

52.217-9, Option to Extend the Term of the Contract (Mar 2000)

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

52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). )

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).

52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O.

13126).

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

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

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

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

52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

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

13627).

52.223-5 Pollution Prevention and Right-to-Know Information (May 2011).

52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

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

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).

52.232-7, Payments under Time and Materials and Labor Hour Contracts (Aug 2012).

52.232-18, Availability of Funds (Apr 1984).

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.242-13 Bankruptcy (Jul 1995).

52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Jul 2013)

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

SECTION

J

LIST OF

ATTACHMENTS

1. Continuing Contract Performance During a Pandemic Influenza or other National Emergency

2. Notice of Contractor Personnel Security Clearance Requirements

3. Information Resellers or Data Brokers

SECTION K

REPRESENTATIONS, CERTIFICATION

AND OTHER STATEMENTS OF

OFFERORS

52.209-5 Certification Regarding Responsibility Matters (Oct 2015)

52.212-3 Offeror Representations and Certifications -- Commercial Items (Oct 2016)

52.216-1 Type of Contract (APR 1984)

The Government contemplates award of a Labor Hour Contract with firm fixed unit prices.

resulting from this solicitation.

(End of Provision)

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

Elisa Oliver

Executive Office for US Attorneys Acquisitions Staff 600 E Street NW, Suite 5200

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

https://www.acquisition.gov/far/current/html/Subpart%2031_1.html#wp1089550

SECTION M

EVALUATION FACTORS FOR AWARD

52.212-2 Evaluation -- Commercial Items (Oct 2014) Addendum

(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 factors shall be used to evaluate offers:

Proposed Key Personnel Past Performance Experience 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.

Attachment J.1

Continuing Contract Performance During a Pandemic Influenza or other National Emergency (October 2007)

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 a 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 perform 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, another responsible person in the contracting office via telephone or email messages acknowledging the contractors 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 the continuity of operations.

The Department does reserve the right in such emergency situations to use federal employees.

employees of other agencies, contract 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 Procurement Policy issuance "Emergency Acquisitions", May, 2007 and Subpart 18.2. Emergency Acquisition Flexibilities, of the Federal Acquisition Regulations.

Attachment J.2

Notice of Contractor Personnel Security Clearance Requirements (May 2016)

Where performance under this contract/task or delivery order/call requires contractor personnel to have access to Department of Justice (DOJ) information, systems or facilities, contractor personnel will be subject to the background clearance requirements of Homeland Security Presidential Directive (HSPD)-12, OMB Guidance Memorandum M-05-24, FIPS Publication 201 and DOJ policy implementing HSPD-12 requirements.

Background clearance requirements are determined by the risk level of each position, type of access and length of access required. Further information on background security clearance requirements applicable to contractor personnel proposed for performance on this contract/order/call may be obtained from the Contracting Officer.

All contractor personnel must meet the DOJ Residency Requirements. He/She must have lived in the United States three of the last five years immediately prior to start of performance on this contract/order/call, and/or worked for the United States overseas in a federal or military capacity, and/or be a dependent of a federal or military employee serving overseas. Specific limited waiver request requirements - contractor personnel performing duties for a cumulative total of 14 days or less where there is a critical need for their specialized and unique skills (as solely determined by the Government) may be proposed for a waiver of the Residency Requirement by the contractor. Contractor personnel who are non-US citizens proposed for such a waiver of the Residency Requirement must be from a country allied with the United States (Since the countries on the Allied Countries List are subject to change, the contractor may review the following website for current information:

http://www.opm.gov

For contracts/orders/calls where access to DOJ information systems is involved, non-US citizens are not permitted to have access to or assist in the development, operation, management or maintenance of any DOJ IT system, unless a waiver is granted by the head of the Component, with concurrence of the Department Security Officer (DSO) and DOJ Chief Information Officer (CIO). Any such waiver must be in writing and be obtained prior to allowing any contractor employee who is the subject of the waiver request to begin work under this contract/order/call.

The above requirements apply to any and all contractor employees requiring access to DOJ information systems or facilities, including subcontractor personnel, if applicable.

(end of clause) http://www.opm.gov/

Attachment J.3

Information Resellers or Data Brokers

Under this contract, the Department obtains personally identifiable information about individuals from the contractor. The contractor hereby certifies that it has a security policy in place which contains procedures to promptly notify any individual whose personally identifiable information (as defined by OMB) was, or is reasonably believed to have been, lost or acquired by an unauthorized person while the data is under the control of the contractor. In any case in which the data that was lost or improperly acquired reflects or consists of data that originated with the Department, or reflects sensitive law enforcement or national security interest in the data, the contractor shall notify the Department contracting officer so that the Department may determine whether notification would impede a law enforcement investigation or jeopardize national security. In such cases, the contractor shall not notify the individuals until it receives further instruction from the Department.