L_-_SECTION_L_-_A0001.pdf

DJM-17-A32-R-0001

8(a) Small Business Set Aside Federal Judicial Districts D17 N/FL and D26 C/IL

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PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION L -INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

RESPONDENTS

L.1 FAR 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 proposal or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov

Federal Acquisition Regulation (48 CFR Chapter 1)

CLAUSE DATE TITLE

52.204-6 OCT 2016 DATA UNIVERSAL NUMBERING SYSTEM

NUMBER

52.204-7 OCT 2016 SYSTEM FOR AWARD MANAGEMENT

52.204-16 JUL 2016 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

52.204-18 JUL 2016 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

52.207-6 OCT 2016 SOLICITATION OF OFFERS FROM SMALL BUSINESS

CONCERNS AND SMALL BUSINESS TEAMING

ARRANGEMENTS OR JOINT VENTURES

(MULTIPLE-AWARD CONTRACTS)

52.214-35 APR 1991 SUBMISSION OF OFFERS IN U.S. CURRENCY

52.215-1 JAN 2017 INSTRUCTIONS TO OFFEROR-COMPETITIVE

52.216-29 FEB 2007 T&M/LH PROPOSAL REQUIREMENTS - NON-

COMMERCIAL ITEM ACQUISITION WITH

ADEQUATE PRICE COMPETITION

52.222-24 FEB 1999 PRE-AWARD ON-SITE EQUAL OPPORTUNITY

COMPLIANCE REVIEW

52.232-38 JUL 2013 SUBMISSION OF ELECTRONIC FUNDS

TRANSFER INFORMATION WITH OFFER

INFORMATION WITH OFFER

http://www.acquisition.gov/

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L.2 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates making multiple awards, with one award for each Circuit.

Contracts resulting from this solicitation will be an Indefinite-Delivery/ Indefinite- Quantity (IDIQ) combination type Time-and-Material (T&M)/ Labor Hour (LH) contracts with fully burdened Fixed-Priced hourly labor rates, firm fixed-priced materials, and reimbursable CSO travel. All services will be ordered by task order with stated ceilings.

L.3 FREEDOM OF INFORMATION ACT

(a) The Freedom of Information Act (FOIA) and its amendments have resulted in an increasing number of requests from outside the Government, for copies of contract proposals submitted to Federal agencies. It is possible that information submitted under this solicitation will fall under section (b)(4) of the FOIA; “trade secrets and commercial or financial information obtained from a person and privileged for confidential use.”. If the offeror feels this is the case, information of this nature may be identified by placing the following notice on the title page:

“This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed-in whole or in part-for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of-or in connection with-the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government’s right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction is contained in sheets [insert numbers or other identification of sheets].”

(b) Mark each individual item considered privileged or confidential under the FOIA with the following notice:

“Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.”

(c) All information in the proposal which is not designated may be subject to automatic public disclosure if it is requested under the FOIA. It must be emphasized that under the FOIA, no information is automatically exempt from public disclosure. In the event of a FOIA request for information which the offeror has designated as "confidential," no disclosure will be made without first notifying the offeror.

Regarding Price Summary Sheets provided in Excel format by the Government, L-3 no alterations shall be made to the attachments by the offeror. The offeror shall attach a cover letter citing which materials, whether printed or electronic, are to be considered confidential using the above language in L.3 (b) above.

L.4 NOTICE TO OFFERORS

Prior to submission of proposals, offerors are expected to understand the requirements of this solicitation. If the offeror finds an inconsistency, ambiguity, incorrect or missing information during a review, and establishes the need for correction or clarification, such information shall immediately be brought to the attention of the CO so that the matter can be resolved and, if necessary, official dissemination of such information can be made to all offerors.

Proposals must address all the requirements contained in the RFP. A proposal that offers less than the total required effort will not be considered for award. Any proposal determined to be incomplete may be disqualified from further consideration for award.

Failure to provide complete pricing information for all positions, sites/locations for each Circuit proposed, may result in a determination by the Government that an offeror’s proposal is incomplete.

Offerors submitting proposals that merely repeat, or parrot back, the Government’s stated requirements with little detail on how the requirement(s) will be met, shall be considered indicative of a minimal understanding of the requirements and be rated accordingly.

Offerors are reminded that this contract is subject to the Federal Acquisition Regulation FAR clause 52.215-8 Order of Precedence - Uniform Contract Format.

The Government reserves the right to request such additional information as may be necessary to determine the offeror’s qualifications for contract award or to clarify any aspect of the technical and/or business proposal. Such information shall be furnished promptly upon the Government’s request. The offeror’s proposal and any related documents or material submitted shall become the property of the Government and will not be returned. If your proposal contains information that you do not wish disclosed to the public or used by the Government for any purpose other than evaluation of the proposal, such restrictions shall be clearly indicated on each sheet containing such information.

The Government will not reimburse the costs of developing a proposal in response to this Request for Proposal.

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L.5 PROPOSAL INSTRUCTIONS

L.5.1 General Proposal Instructions

Each offeror shall submit:

1. Volume I – Technical Proposal

• Volume I shall be individually titled as “Volume I – Technical Proposal”

• One (1) technical proposal for ALL circuit(s) proposed

• Six (6) identical complete paper/hardcopies of the Technical Proposal

• Four (4) identical complete copies on CD-ROM

2. Volume II – Business Proposal

• Volume II shall be individually titled as “Volume II – Business Proposal”

• One (1) individual business proposal for EACH circuit proposed

• Three (3) identical complete paper/hardcopies for EACH circuit proposed

• Three (3) identical complete copies on CD-ROM for EACH circuit proposed

3. Volume III – Financial Information

• Volume III shall be individually titled as “Volume III - Financial Proposal”

• One (1) financial information submission for ALL Circuit(s) proposed

• Four (4) identical complete paper/hardcopies of the Financial Proposal

• Four (4) identical complete copies on CD-ROM

L.5.1.2 Layout

1. Proposals shall include a customary typeface, 12 point, Times New Roman font, and no less than ½ margins. This applies to charts, graphs, illustrations and attachments, but does not apply to thumbnail images. Proposals shall be of a professional nature, address all the requirements in the RFP, and include only the most relevant information.

2. All hardcopies of the paper proposals (Volume I, II, and III) shall be submitted in three-ring binders and tabbed appropriately and accurately to reflect the contents.

3. Every page of a proposal shall have a unique page number to support accurate referencing.

4. All digital copies of the proposals (Volume I, II, and III) shall be submitted on CD-ROM. The CD-ROMs shall include a copy of the proposal, cover to cover as submitted in hardcopy, incorporated into a single digital file. The CD-ROMs for the

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Volume II Business Proposal(s) shall also include individual soft copy digital files of the required completed Section J Attachments.

L.5.1.3 Presentation

Elaborate brochures or other presentations beyond that which is sufficient to present a complete proposal is not desired. Elaborate artwork, expensive paper and bindings, expensive visual and other presentation aids are neither solicited nor evaluated.

Additionally, proposals must not exhibit Department of Justice and USMS’ emblems or logos.

L.5.1.4 Packaging

The offeror must package Volume I – Technical Proposal separate from Volume II - Business Proposal(s) and Volume III – Financial Information. All packages shall be sealed and clearly marked to identify their contents.

L.5.2 Technical Proposals – Volume I

1. The offeror’s Technical Proposal shall not exceed fifteen (15) double-sided pages or thirty (30) single-sided pages in length. The Technical Proposal has a total page count of 30 pages plus the required attachments identified. Attachments are limited to those required by each Factor and may be subject to an attachment page count, see each Factor below. Additional pages exceeding the maximum number of pages shall be removed and not evaluated. The required table of contents and Tabs/Separators are not included in the total page count.

2. Proposals shall clearly address the requirements in accordance with Sections L and M. The proposal shall be concise, specific, complete, and demonstrate the ability to perform the scope of work.

3. Offerors submitting proposals that merely repeat the stated requirements of the Government may be considered to reflect a minimal understanding of the technical factors and be rated accordingly.

4. Content of Technical Proposal shall include:

a) Table of Contents

b) Introduction and Narrative Summary are subject to the total page count.

i. Three tabbed and separated sections reflecting the three (3) technical factors

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ii. The sections shall be placed in the same order as the factors, Section L.5.2.1 Elements of the Technical Proposal

iii. Cross reference required attachments

c) List of Required Attachments

i. Draft Standard Operating Procedures

ii. Draft Training Plan

iii. Draft sample Lesson Plan

iv. Training and Qualification Instructors narrative

v. Proposed LMS system information

vi. High Level Outline for CSO QCP

vii. High Level Outline for Corporate QCPs

viii. Key Personnel and Key Personnel Responsibilities

L.5.2.1 Elements of the Technical Proposal

The technical evaluation of each proposal will be performed in accordance with FAR Part 15.101-1 and FAR Part 15.305 and as detailed in Section M.4 Technical Evaluation Factors to assess the proposal and the offeror’s ability to perform all requirements of the prospective contract successfully on the contract performance start date (see Section B.3 Period of Performance).

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FACTOR 1: Recruitment Program and Vetting Applicants

The offeror shall provide a written narrative explaining how their proposed recruiting program and vetting methods independently verify and filter potential applicants and provide qualified CSOs, maximizing quality while minimizing delays. Additionally, the offeror shall address prior relevant experiences and successes achieved within a similar scope to the statement of work.

Attachment:

• The offeror shall submit draft Standard Operating Procedures explaining the specific processes demonstrating how the offeror will realize their narrative.

The SOP should demonstrate how the offeror will independently verify all minimum qualifications and provide comprehensive oversight and quality control through recruiting, vetting, selecting and submitting the best qualified applicants from a pool of candidates. The SOP shall not exceed 20 pages.

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FACTOR 2: Training and Qualifications Program

The offeror shall provide a written narrative explaining how their proposed training and qualifications program will be utilized to strengthen the overall USMS CSO training program, including but not limited to the training plan, lesson plans, certified training and qualification instructors, and Learning Management System (LMS), and records maintenance. The offeror shall explain their training and qualifications program methods and how these methods are capable of maximizing advanced planning, quality, accessibility, and adaptability to other training requirements or opportunities as appropriate.

Attachments:

• Draft training plan acknowledging all the training and qualification requirements and all training administration. The draft training plan is excluded from the total page count but the attachment shall not exceed 30 pages.

• Draft sample lesson plan utilizing the prescribed format. The sample lesson plan must differ in topic from the example lesson plan provided under J.7(E). The sample lesson plan shall demonstrate the offeror’s understanding of all lesson plan requirements. The draft sample lesson plan is excluded from the total page count but the attachment shall not exceed 30 pages.

• A narrative statement addressing compliance with the requirements for Training Instructors and Weapon Qualification Instructors, Section C.13.4 Training Instructors, C.13.5 Weapon Qualification Instructors, Section J List of Attachments, J.7(F) Training and Weapons Qualifications Instructors. The narrative should address how the Offeror will approach compliance following award, commencing during the transition period, through the life of the contract.

The Offeror should not assume that the incumbents LCSOs, CSOs, DS, or CM are qualified instructors. Offerors shall not approach the incumbent’s work staff prior to contract award. The narrative statement regarding compliance with the Training and Weapons Qualification Instructors shall not exceed 5 pages.

• Proposed LMS system information:

o Technical Aspects o Capabilities o Hosting and Accessibility o Course Development o Records Maintenance/ Training History

Information on the LMS system shall not exceed 5 pages.

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FACTOR 3: Quality Assurance/Quality Control Plans (QCPs)

The offeror shall provide a written narrative explaining how their proposed CSO QCP will deliver efficient and effective means to ensure the Contractor provided products and services conform to contract requirements, standards, and the design/detailed Statement of Work.

The offeror shall provide a written narrative explaining how their proposed Corporate QCP will deliver efficient and effective means to ensure compliance of the CSO QCP, corporate contract management and oversight responsibilities, including, but not limited to, managing key personnel, ensuring complete and timely deliverables and the contract’s administrative and performance requirements. In addition the offeror shall provide a representation, preferably in a chart or table, of the corporate structure establishing organizational responsibility. The representation will identify key personnel, both principal personnel and supervisory personnel dedicated to the contract, and their responsibilities related to oversight and management of the contract.

The offeror shall explain how their metric-based inspection procedures evaluate and identify performance problems and how the proposed QCPs will effectively minimize, mitigate, and/or corrects and prevents problems.

Each QCP shall acknowledge the limitations on using CSOs and LCSOs as QCIs in accordance with Section C.25.1.

Attachments:

• High level draft of the CSO Quality Control Plan addressing the methods the Contractor will use to ensure the Contractor provides products and services that conform to the SOW and contract requirements and standards. The CSO QCP shall not exceed 10 pages.

• High level draft of the Corporate Quality Control Plan demonstrate an understanding of all the Government’s requirements set forth in this solicitation.

The Corporate QCP shall not exceed 10 pages.

• Representation of corporate structure, identifying principal and supervisory key personnel and their responsibilities related to corporate contract management and oversight. The representation of Key Personnel and Key Personnel Responsibilities shall not exceed 5 pages total, a chart or table presentation is preferred.

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L.5.3 Business Proposal – Volume II

1. The offeror’s Business Proposal shall be labeled and clearly identify the proposed Circuit(s). Incomplete Business proposals may be disqualified from further consideration for award.

2. There is no limitation on the number of pages, page size or font size in the Business Proposal; however, the information must be legible and complete.

3. The Business Proposal shall include cost, pricing, employment benefits, and other information as described below. The Business Proposal Pricing Template [Attachment J.1(E)] shall be completed for each proposed circuit. The fully burdened hourly rate derived from J.1(E) shall be used to calculate the Basic Rate per Hour column in the Price Summary Sheets. [See Attachment J.1(D)] The evaluation will be performed in accordance with FAR Part 15.101-1, FAR Part 15.304, FAR Part 15.305, and FAR Part 15.4.

4. Content of the Business Proposals shall include:

a) Title, Section Number, Date, and Solicitation Number of the RFP

b) Completed Section A – Solicitation/Contract/Standard Form 33

c) Acknowledgement of Amendments

d) Completed Section K – Representation and Certifications

e) Completed Section J –Attachment 1(E), Pricing Template

f) Completed Section J – Attachment 1(D), Price Summary Sheets

g) Completed Section J – Attachment 1(F), Table for Start-Up Costs

h) Completed Section J – Attachment 1(G), Table for Soft Body Armor Kits

i) Completed Section J – Attachment 1(H), Table for SSO Uniform Standard if applicable

j) Past Performance Information Briefs (Section J – Attachment 8(A).

Past Performance

Past performance will be evaluated in accordance with FAR Subpart 15.305(a)(2) Past Performance Evaluation. Past performance information is one indicator of an offeror’s ability to perform the contract successfully. The currency and relevance of the information, source of the information, context of the data, and general trends in contractor’s performance will be considered. The evaluation may consider information provided by the program office, the contracting office, and end users. The Government will use past performance information registered in the Past Performance Information Retrieval System (PPIRS) and the Federal Awardee Performance and Integrity Information System (FAPIIS). Additionally, the Government reserves the right to utilize all information available at the time of evaluation, e.g., Government audits, information

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The offeror may provide information on past or current contracts (Federal, State, and local government and commercial) for efforts similar to the Government requirement performed during the last three years (maximum) in accordance with FAR Subpart 42.1503(g). To do so, the offeror shall provide those references Attachment J.8(B) Past Performance Survey Rating Guidelines, and Attachment J.8(C) Past Performance Survey requesting the recipients evaluate the offerors performance and provide the surveys via e-mail to OSC.Procurements@usdoj.gov. Past performance references shall be within a similar scope and dollar value. The USMS will contact the references to verify the scope, value, and ratings provided by the references. Offerors are advised to provide those references the necessary authority to release past performance information to the USMS.

The offeror shall identify the entities evaluating the offeror’s Past Performance by completing Attachment J.8(A) Past Performance Information Brief for EACH entity requested to evaluate past performance. The Attachment J.8(A) Past Performance Information Briefs shall be provided with the proposal.

The offeror may provide information on problems encountered on the identified contracts and the offeror’s corrective actions. Offerors should use the Attachment J.8(A) Past Performance Information Brief to provide this information and submit it with the offeror’s Business Proposal.

Offerors may be given an opportunity to address adverse past performance information to which the offeror has not previously had an opportunity to respond.

The burden of providing thorough and complete past performance information remains with the offeror. A separate reference sheet must be completed for three (3) federal government or commercial contracts performed during the last 3 years that are similar in size and scope and relevant to the performance requirements in the solicitation. Should the Offeror not have three (3) relevant contracts that are of similar size and scope to the requirements of this solicitation, the Contractor shall provide additional relevant references. The Contractor shall complete separate reference sheets for each additional Government or Commercial contract that is of similar size and scope and are within three

(3) years of completion of performance (See FAR 42.1503(e)).

The Government does not assume the duty to search for data that cures the problems found in the information provided by the offeror. The burden of providing thorough and complete past performance information remains with the offeror.

There is no limitation on the number of pages.

mailto:OSC.Procurements@usdoj.gov

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L.5.3.1 Pricing Instructions

Pricing for CSO, LCSO, and DS shall be fully burdened, i.e., Hourly rate + Fringe Benefits + Taxes + Other Direct Costs, + Indirect Costs + Profit = the proposed rate for each labor category. The fully burdened rates, with the exception of DS, shall be in compliance with the Collective Bargaining Agreements for SCA Covered Services. (See Attachment J.1(A) Applicable Department of Labor Wage Determinations and Collective Bargaining Agreements).

Federal Acquisition Regulation FAR clause 52.222-43 Fair Labor Standards Act and Service Contract Act – Price Adjustment (Multiple Year and Option Contracts) section (f) requires “The Contractor shall notify the Contracting Officer of any increase claimed under this clause within 30 days after receiving a new wage determination unless this notification period is extended in writing by the Contracting Officer.” At the time of contract award, the contract will be modified to include all FY 2018 CBAs, both new and existing. The Contractor will have 30 days to notify the Contracting Officer of any increase claimed under this clause, or to seek an extension to the notification period.

1. Hourly Rate Computation: Offeror shall propose a separate burdened rate for each category for each location for those Districts, as listed in Section J.1 (E) Pricing Template. Proposals shall include a breakdown of each rate proposed for the Basic Rate per Hour, Overtime Rate per Hour, and Start-Up Costs per Position, for each job category.

The CSO and LCSO hourly rate computations for each option period shall not include an allowance for any contingency to cover increased costs for which an adjustment is provided for direct labor subject to FAR clause 52.222-43 Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts).

The DS is not a service employee subject to this clause or to a pricing adjustment; the proposed DS fully burdened hourly rate for each contract period is a firm fixed-price not subject to a future pricing adjustment.

The following descriptions are incorporated in the hourly rate cost break down (see Attachment J.1(E), Pricing Template):

a) Direct labor includes all direct wages and Shift Differentials, chargeable to the contract. The Government will not reimburse the Contractor for Shift Differential under a separate CLIN or invoice.

The offeror shall include Shift Differential as part of the fully burdened labor rate for all 24-hour facilities. See Section J.1(C) for a listing of all authorized court

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b) Fringe benefits shall include all payments made directly to or for the CSO which are directly charged to the contract, including but not limited to: (1) vacation pay,

(2) sick leave, (3) health and welfare, (4) bereavement, and (5) jury duty. Refer to applicable CBAs. Fringe benefits do not include tax payments for Government-legislated fringe benefits such as Social Security or Unemployment Taxes.

c) Taxes shall include all Federal, state, and local taxes, and workers’ compensation insurance that are directly chargeable to the direct labor rate. Each applicable tax, e.g., FICA, should have the applicable amount together with supporting information explaining how the amount was computed, e.g. show state unemployment tax was 1.5% on the first $8,000.

d) Other Direct Costs (ODC) are defined as direct costs that are not identified and included in other contract CLINs. Costs such as labor, start-up, soft body armor kits, SSO Uniform Standard, travel, and indirect costs shall not be included as ODC. Because ODC costs are completely attributable to this contract’s requirements, the Contractor shall identify the elements being included under ODCs and provide supporting documentation explaining how the burden was computed.

e) Indirect Costs include costs associated with overhead or corporate G&A.

f) Profit – Offerors shall provide the percentage rate and the total amount.

g) Burdened Hourly Rate - Offerors shall provide the cumulative total of the above costs.

2. Base Contract Period: The unit proposed for the Burdened Hourly Rate, Start-up Costs, and Overtime Burdened Hourly Rate, listed in Attachment J.1(D), Price Summary Sheets, is multiplied by the corresponding estimated number of positions and the estimated effort as listed below:

Basic Rate – 1910 1903 hours per year is estimated for each LCSO and CSO position.

Please note that the 1910 1903 estimated hours includes all training hours to include but not limited to:

a) 8 hour In-District Phase I Orientation

b) 32 hours Phase I OJT

c) 40 hour Phase II Orientation

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d) 40 hours Phase II OJT

e) 16 hour annual training

The 1910 1903 hours also include the two (2) hours each allowed for annual medical exams, weapons qualifications, and periodic background reinvestigations.

Start Up Costs – Start-up Costs and Other Direct Costs as applicable to each LCSO and

CSO.

Overtime Rate – 20 hours per year for each position.

3. Pricing of facilities within the same city: To preclude wage disputes and to facilitate the possible need to rotate personnel and to simplify administration, the pricing structure was required to be the same rate for each facility within a city. For example, USMS requires contract rates to be uniform within a city. Two locations in the same city should be priced the same, unless otherwise indicated by the applicable CBAs. The rate for a city that has two different CBAs shall be reflected separately and accordingly on the Pricing Templates for those two facilities.

4. Start-up: Offerors shall provide a separate breakdown of Start-up and Other Direct Costs. Start-up costs include:

a) CSO Uniforms – see Section C.18

b) Weapons Qualification – Includes all range fees and all other costs associated with weapons qualifications

c) Medical Qualification – This is only for the annual physical. The

d) USMS does NOT reimburse the vendor for supplemental visits.

Start-up pricing is based on firm fixed-price unit costs and is not subject to future price adjustments under FAR Clause 52.222-43 Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts.

5. Price Summary Sheet: Offerors are required to provide a Price Summary Sheet for each Circuit proposed. Proposed prices shall reflect the unit prices multiplied by the estimated number of positions as provided, for the Basic Rate per Hour, Start-up Cost, and Overtime Rate. The corresponding estimated effort is a part of the paragraph titled Base Contract Period. The Price Summary Sheets shall also provide the total price for the Base Period and all Option periods including a grand total for all periods. Amounts shall be submitted as dollars and cents (rounded to 2 decimal places). Pricing information shall be as shown in Attachment J.1 (D). No changes are permitted to the format provided by the Government.

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(a) Soft Body Armor Kits pricing has not been made part of the Attachment J.1(E), Pricing Template) or included on the Attachment J.1(D) Pricing Summary Sheets and is priced separately using the (Attachment J.1(G) Table for Soft Body Armor Kits). The pricing proposed is per unit, one soft body armor kit, multiplied by a Government estimated number of units expected to be ordered in a particular contract period. The offeror shall propose a firm-fixed price per unit, per contract period. Soft Body Armor Pricing is not subject to future price adjustments. The Soft Body Armor Kit proposed pricing is included and made part of the overall price evaluation.

(b) SSO Uniform Standard has not been made part of the J.1 (E) Pricing Template or included on the J.1 (D) Pricing Summary Sheets and is priced separately using the Section J – Attachment 1(H) Table for SSO Uniform Standard. The pricing proposed is per unit, multiplied by a Government estimated number of units expected to be ordered in a particular contract period. The offeror shall propose a firm-fixed price per unit, per contract period. SSO Uniform Standard Pricing is not subject to future price adjustments. The SSO Uniform Standard proposed pricing is included and made part of the overall price evaluation.

L.5.4 Financial Information – Volume III

Refer to Section J - Attachment J.9 for instructions for financial information submission.

There is no limitation on the number of pages, page size, or font size; however, the information must be legible and complete.

Offerors shall adhere to the criteria under Section L.7, Special Standards of Responsibility.

L.6 PROPOSAL SUBMISSION

The due date for submission of proposals is no later than May 1, 2016 May 3, 2017 at 10:00am, Eastern Standard Time. Proposals submitted must comply with all instructions, specifications, and requirements as set forth herein. Proposals failing to comply with the RFP may be deemed nonresponsive and will be eliminated from consideration.

PROPOSALS MAY NOT BE HAND-CARRIED AND WILL NOT BE ACCEPTED

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The following address shall be used for all delivery methods of proposals:

ATTN: DJM-17-A32-R-0001

Headquarters United States Marshals Service (USMS) Office of Security Contracts CS-3, 2nd Floor 3601 Pennsy Drive Landover, MD 20785 Attn: Cheata Sieng, Contracting Officer

Delivery methods shall include: United States Postal Service or commercial companies such as UPS, Fed Ex, DHL, etc.

As an additional precaution to ensure receipt of all offers, offerors submitting proposals will be required to e-mail a notice on its company letterhead to the USMS, Attn: Cheata Sieng at osc.procurements@usdoj.gov, stating that they are submitting a proposal and to include the method of delivery.

For all correspondence and packages being sent via U.S. Mail, offerors will need to allow for additional time due to all correspondence and packages being forwarded for irradiation prior to delivery at the USMS.

It is the offeror’s responsibility to ensure and verify that the USMS receives its delivery on or before the deadline specified herein. If the proposal is not received by the USMS on or before the specified deadline for submission of proposals, the offeror’s submission will be considered late (FAR 52.215-1).

L.7 SPECIAL STANDARDS OF RESPONSIBILITY

In addition to the requirements of FAR 9.104-1, FAR 9.104-2 Special standards of responsibility pertaining to this solicitation are as follows:

The offeror shall provide evidence and documentation to the Government establishing its ability to meet all resources required to successfully perform all contract terms and conditions. The documents required by the Government to be used in making such a determination are attached under Section J.9 Special Standards of Responsibility.

1. Acceptable Financial Capability - Based on the size of the potential award(s), the offeror will be required to provide additional information proving financial capability.

The offeror must be able to show financial assets sufficient to support at least three (3) months of total payroll and all other operating expenses necessary to meet the terms and conditions of the contracts. The apparent successful offeror will be required to mailto:osc.procurements@usdoj.gov

L-16 demonstrate acceptable financial capability. This demonstration of financial capability is additive for each contract award. For example, suppose an offeror has demonstrated to the government financial capability to handle financially total contracts of up to $60 million in value. If based on the overall evaluation of offers that particular offeror was in-line for contracts worth $80 million, the offeror would only satisfy this special standard of responsibility for contract awards up to $60 million in value. The offeror would not meet this standard for any contracts beyond the $60 million threshold.

2. Financial Condition and Capability - The CO will utilize the information provided under Volume III in response to this factor to analyze the offeror’s respective financial condition and compare it with the Dun & Bradstreet rating for each offeror. The CO shall determine an overall financial condition and capability for each offeror based on an analysis of the financial information submitted in accordance with the requirements of Section J.9, Special Standards of Responsibility and the Dun & Bradstreet rating, and find the offeror to be Acceptable or Unacceptable as follows:

Acceptable

The offeror’s financial condition is stable and demonstrates the company’s financial resources far exceed those needed to acquire and provide resources to support the requirements of this contract.

The offeror’s financial condition is sufficient to acquire and provide the resources to support the requirements of this contract. The financial information presented indicates that the offeror will be capable of fulfilling the contract given the current financial condition of the company.

Unacceptable

The offeror’s financial condition is weak and indicates that it may not be capable of fulfilling the contract given the current financial condition of the company.

L.8 EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE

Upon determination of the apparent successful offeror is determined, prior to award, the contract specialist shall process a pre-award review request in accordance with agency procedures. The CO will follow procedures in FAR 22.805(a)(5).

L.9 FORMAL COMMUNICATION – REQUEST FOR CLARIFICATION

All requests for RFP clarifications are due on or before than April 11, 2016 2017 at

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6:00pm, Eastern Standard Time. All requests must be received in writing via e-mail to OSC.Procurements@usdoj.gov. The subject line of the email shall read DJM-16-A32-R- 0001_Request for Clarification. Offerors may expect responses to clarification requests to be provided by the Government via an amendment. Offerors shall provide requests for clarifications on Microsoft Excel Spreadsheet. The Request for Clarification spreadsheet shall include columns referencing the Section and Subsection of the Solicitation. (See sample below).

Section Subsection Requests for Clarifications Offeror C C.1.2.3 Your question Company Name L L.4.2 Your question Company Name

Answers to questions will be posted on www.fbo.gov.

Offerors are specifically instructed to only contact the solicitation issuing office in connection with any aspect of this requirement, prior to contract awards. The Government reserves the right not to respond to written inquires. The Government will NOT respond to oral inquiries.

Please note that questions and comments will not be protected by the Government as proprietary.

Should any request for clarification be received after the date stated above, the Government reserves the right not to provide an answer. If, however, in the Government’s opinion, the request for clarification cites an issue of significant importance, the Government may amend the solicitation to address the clarification.

L.10 NOTICE OF AWARD

Information concerning competitive solicitations will be disclosed to offerors in accordance with regulations applicable to a negotiated procurement. It is anticipated that there will be no debriefing of unsuccessful offerors, unless specifically requested within 3 days of unsuccessful notification, in accordance with FAR 15.506.

L.11 FAR 52.233-2 SERVICE OF PROTEST (SEPT 2006)

(a) Protests, as defined in section 33.101 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 to the CO (addressed as follows) by obtaining written and dated acknowledgment of receipt from the:

mailto:OSC.Procurements@usdoj.gov http://www.fbo.gov/

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Contracting Officer United States Marshals Headquarters Office of Security Contracts – CS-3; 2nd Floor 3601 Pennsy Drive Landover, MD 20785

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

L.12 JAR 2852.233-70 PROTESTS FILED DIRECTLY WITH THE

DEPARTMENT OF JUSTICE (JAN 1998)

1. The following definitions apply in this provision:

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

b) "Deciding Official" means the person chosen by the protestor to decide the agency protest; it may be either the CO or the Agency Protest Official.

c) "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.

2. A protest filed directly with the Department of Justice must:

a) Indicate that it is a protest to the agency

b) Be filed with the CO

c) State whether the protestor chooses to have the CO or the Agency Protest Official decide the protest. If the protestor is silent on this matter, the CO will decide the protest

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

e) 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

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

3. An interested party filing a protest with the Department of Justice has the choice of requesting either that the CO or the Agency Protest Official decide the protest.

4. The decision by the Agency Protest Official is an alternative to a decision by the CO. The Agency Protest Official will not consider appeals from the CO's decision on an agency protest.

5. 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.

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

7. The protestor has only one opportunity to support or explain the substance of its protest. The Department of Justice procedures do not provide for any discovery requests. 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.

8. An interested party may represent itself or be represented by legal counsel. The Department of Justice will not reimburse the protestor for any legal fees related to the agency protest.

9. 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.

10. 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.

11. 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.

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L.13 DISPOSITION OF PROPOSALS

After the Contractor has been selected, unsuccessful proposals will be disposed of as follows: One copy of each proposal will be retained at the issuing office and the remainder will be destroyed. A destruction certificate will not be furnished.

L.14 FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR

Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any ______________ [insert regulation name] (48

CFR Chapter ______) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of provision)

The deviations in the Federal Acquisition Regulation (FAR) provisions incorporated by full text into Section K, FAR 52.209-5 Certification Regarding Responsibility Matters (April 2010) (Deviation) and FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2015) (Deviation), are pursuant to the terms of the provision incorporated in full text into Section K, USMS-0005 DOJ Procurement Guidance Document; Restrictions and Prohibition on Use of FY 2015 Funds (FAR 52.209-5 Deviation 2015-02) (May 2015).