Attachment_3_FAR_Provisions_Rev_1.pdf

HSBP1014R0002A Attachment 3 Rev 1 - FAR Provisions

PROVISIONS

I.1 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

I.2 52.212-1 INSTRUCTIONS TO OFFERORS—

COMMERCIAL ITEMS (JUL 2013) (*See addendum to FAR 52.212-1)

I.3 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

I.4 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

I.5 52.250-2 SAFETY ACT COVERAGE NOT APPLICABLE (FEB 2009)

I.6 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

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

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

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

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

I.7 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(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: (*See page 10 of 11 paragraph b)

Technical and past performance, when combined, are (*See page 11 of 11 paragraph 1)

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

I.8 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed priced single award Indefinite Delivery Indefinite Quantity contract resulting from this solicitation.

(End of provision)

I.9 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR

TRANSACTIONS RELATING TO IRAN--REPRESENTATION AND CERTIFICATIONS (DEC 2012)

(a) Definitions. As used in this provision--

“Person”--

(1) Means--

(i) A natural person;

(ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and

(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and

(2) Does not include a government or governmental entity that is not operating as a business enterprise.

“Sensitive technology”--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically— https://www.acquisition.gov/

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with 25.703-4, by submission of its offer, the offeror--

(1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies; and

(3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf).

(d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if--

(1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225-12, 52.225-24, or comparable agency provision); and

(2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

(End of provision) mailto:CISADA106@state.gov http://www.treasury.gov/ofac/downloads/t11sdn.pdf).

*Addendum to FAR 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (FEB 2012)

1 ADDRESS AND OFFER DUE DATE

Proposals shall be emailed electronically to:

Mr. Billy Cooper, Contract Specialist DHS/CBP Procurement Directorate 6650 Telecom Dr., Suite 100 Indianapolis, IN 46278 billy.cooper@dhs.gov

Offers must be emailed to the address above no later than (NLT) 2:00 PM EST, December 12, 2013. Late submissions will not be accepted.

2 PROPOSAL PREPARATION

Failure of an offeror to address any items listed in FAR 52.212-1 and this addendum may make the offer unacceptable and may result in it not being considered for award.

a. Offer shall remain firm for at least 90 calendar days. Offers shall be submitted to the address in paragraph above.

b. Offerors shall submit an electronic copy of their proposal (Volumes I and II as defined in Sections 5 & 6) via email to Billy Cooper at billy.cooper@dhs.gov. Each volume shall be its own separate attachment in the email submitted with the proposal.

3 GENERAL PROPOSAL REQUIREMENTS

a. All proposals must clearly and convincingly demonstrate that the offeror has a thorough understanding of the requirements and associated risks, and is able, willing, and competent to devote the resources necessary to meet or exceed the requirements.

b. Should any aspect of the Contractor’s proposal change after submission but prior to award, the Contractor shall promptly notify the Contracting Officer of the change. Note that substantial changes may require dismissal of the proposal from consideration.

4 GENERAL PROPOSAL CONTENT

Each proposal shall contain the following:

1. Volume I (detailed further below in Sections 5 & 6)

2. Volume II (detailed further below in Sections 5 & 6)

5 GENERAL PROPOSAL PREPARATION INSTRUCTIONS

A. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein.

Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of two (2) separate volumes:

Volume I Factor A: Overall Course Design and Curriculum

Subfactor 1: Proposed curriculum meeting the needs of CBP Subfactor 2: Philosophy and approach to professional education Subfactor 3: Schedule of Study Subfactor 4: Instructional Techniques to be used Subfactor 5: Model for managing application activities mailto:billy.cooper@dhs.gov mailto:billy.cooper@dhs.gov

Subfactor 6: Coaching model Subfactor 7: Plan for program evaluation and improvement Subfactor 8: Plan for faculty feedback to participants

Factor B: Faculty

Subfactor 1: Organizational infrastructure and on-board bench strength to adapt Subfactor 2: Quality and appropriateness of the proposed faculty Subfactor 3: Letter of commitment Subfactor 4: Familiarity with Federal Government and Law Enforcement Subfactor 5: Attendance of a two day CBP Orientation with site visit

Factor C: Training Location: Contractor hosted facility

Subfactor 1: Contractor facility Subfactor 2: Evening availability Subfactor 3: Responsibility for lodging, meals, breaks, and classroom facilities Subfactor 4: Photos of proposed facilities Subfactor 5: Commitment Letter

Factor D: Academic Component

Subfactor 1: Graduate level content on leading in a law enforcement environment

Factor E: Past Performance

Subfactor 1: Evidence of past performance Subfactor 2: References for at least three previous programs Subfactor 3: Previous experience in industry or Government Subfactor 4: Newly formed entities Subfactor 5: Information from other than the sources identified

Volume II Price

B. The contracting officer has determined there is a high probability of adequate price competition in this acquisition.

Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists no additional cost information will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; offerors may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price.

C. Documents submitted in response to this RFP must be fully responsive to and consistent with the following:

1. Volume I: The Technical Volume shall address the offeror’s technical approach to the requirements contained in Attachment 1: Statement of Work. The technical approach will be evaluated to determine the offeror’ s demonstrated understanding of the SOW Section 5. The technical proposal shall not exceed fifty (50) pages.

2. Volume II: Price. Offerors shall submit a full price proposal in accordance with the pricing schedule contained in attachment 4 Rev 2. Offerors are encouraged to submit their most favorable pricing.

3. Format for proposal Volume I shall be as follows:

All text within the two (2) volumes shall be no smaller thatn 10-point font with standard 8.5 inch by 11 inch document with margins of at least 1” at the top, bottom, and both sides. Volumes 1 and 2 shall be submitted in PDF format. Responses shall be submitted electronically via e-mail and when responding, please include the title “HSBP1014R0002A” in the subject line of the e-mail. There is a 5 MB limit on e-mails to CBP, therefore please limit all file sizes to 5 MB.

6 SPECIFIC PROPOSAL PREPARATION INSTRUCTIONS:

1. Volume I, Factor A – Overall Course Design and Curriculum

Factor Sub Factor Specific Instructions Factor A: Overall Course Design and Curriculum.

Subfactor 1: Proposed curriculum meeting the needs of CBP.

Describe the extent to which the proposed curriculum will meet the needs of CBP and the strength of the supporting justification on which the curriculum is based. NOTE: Offerors will develop specific elements of the curriculum in consultation with CBP.

However, contractors should present a draft curriculum outline with each week’s agenda and proposed modules of instructing in their proposals, with the rationale for their approach and the justification for their design.

Subfactor 2: Philosophy and approach to professional education.

Describe the offeror’ s philosophy and approach to professional education and a discussion of the benefits which can be expected to accrue to the participants and expected outcomes for each module of instruction.

Subfactor 3: Schedule of Study.

Describe a schedule of study with the rationale for the particular schedule proposed. The schedule of study should be in a table format outlining each week including objectives and topics covered.

Subfactor 4: Instructional Techniques to be used.

Describe the instructional techniques to be used. The relative emphasis of case studies, lecture, simulation exercises, role-playing and independent research projects should be described.

Contractors should only describe the instructional techniques that will be used for this effort and how they will be used.

Subfactor 5: Model for managing application activities.

Describe a model for managing application activities to enhance application of material learned in the classroom component, between class sessions.

Subfactor 6: Coaching model.

Describe a coaching model for managing professional coaches to meet with participants during classroom sessions to assist with application activity identification and to help participants apply classroom learning on the job.

Subfactor 7: Plan for program evaluation and improvement.

Describe a plan for program evaluation and improvement to ensure that ite meets the needs of participants and the need of the organization.

Subfactor 8: Plan for faculty feedback to participants

Describe a plan for establishing and implementing a process for gathering faculty feedback on each participant during each week of the program

2. Volume I, Factor B – Faculty

Factor B: Faculty

Subfactor 1: Organizational infrastructure and on-board bench strength to adapt to the changing needs of CBP and the participants.

Describe whether the organization has the infrastructure and on-board bench strength to adapt quickly to the changing need of CBP and the participants. The successful contractors must have strong affiliation with an accredited college and university. With this strong affiliation, the majority of the faculty for the program should be from the accredited college and/or university and have taught at leadership and management education at the graduate level in a university setting.

Subfactor 2: Quality and appropriateness of the proposed faculty.

Describe the quality and appropriateness of the proposed faculty. Resumes shall be provided for all personnel identified as “key personnel”. Resumes should be limited to two pages each and should include the following:

• Work History

• Education

• Certifications (if applicable)

• Field of expertise

• Publications

• Accomplishments

Offerors should also provide resumes for all key personnel and the bench strength that they can draw from as well as a diagram that describes the relationships of all key players and the amount of time (proportionate) that each will be involved.

Subfactor 3:Letter of commitment.

Include a letter of commitment from each proposed faculty member stating that they are committed to participating in the program.

Subfactor 4: Familiarity with Federal Government and Law Enforcement.

Describe the faculty familiarity with Federal Government and Law Enforcement. It is seen as secondary to their strengths as leading experts in leadership and management education. The faculty should, at a minium, have the ability to modify content to frame it in a Law Enforcement context.

Subactor 5: Attendance of a two day CBP Orientation with site visit.

All contractor faculty and staff will be required to attend a two day orientation on CBP, including a site visit, to become familiar with the organization, in preparation for instructing the program. Day 1 orientation will be held at the contractor’s facility.

Day 2 site visit will be arranged at the appropriate CBP facility closest to the contractor’s site. As new faculty members are added, orientation will be conducted for them.

3. Volume I, Factor C – Training Location: Contractor hosted facility.

4. Volume I, Factor D – Academic Component.

Factor C: Training Location: Contractor hosted facility.

Subfactor 1: Contractor facility.

Describe contractor facility. The facility should be an executive level facility and should include modern classrooms with audiovisual capabilities, break-out rooms, wireless internet access, and a computer facility.

Subfactor 2: Evening availability.

Describe if the space will be available for program activities in the evening.

Subfactor 3: Responsibility for lodging, meals, breaks, and classroom facilities.

Describe how the contractor will be responsible for lodging, meals, breaks, and classroom facilities.

Subfactor 4: Photos of proposed facilities.

Provide photos of proposed lodging, classroom, and dining facilities/

Subfactor 5: Commitment Letter.

Provide a commitment letter from the facility stating that the facility is available for the training.

Factor Sub Factor Specific Instructions Factor D: Academic Component.

Subfactor 1: Graduate level content on leading in a law enforcement environment.

Provide graduate level content on leading in a law enforcement environment with material, examples, case studies, etc. set in this environment. Curriculum should be presented as a unified academic curriculum, not a training plan.

5. Volume I, Factor E – Past Performance.

6. Volume II, -- Price Proposal

(a) Complete Attachment 4 “Pricing Schedule”. Offerors shall not edit the cells or formulas contained within the attachment.

(b) Offerors shall provide their proposed coefficient for the Indefinite Quantity (IQ) work on attachment 4 “Pricing

Schedule”. The estimated total for the IQ task order work will be used for evaluation purposes only. The Government makes no guarantees as to the actual amount of Indefinite Quantity work that will be ordered.

No allowances will be made after award for any other cost; the Offeror’s price coefficient must contain all additional applicable costs including, but not limited to:

• The prime contractor’s overhead, profit, and payment protection required in FAR 52.228-13;

• Risk/liability;

• Job planning;

• Compliance with safety standards, fire protection, environmental laws and compliance with security requirements;

Factor Sub Factor Specific Instructions Factor E: Past Performance.

Contractor should provide evidence of at least three previous programs, delivered in the past five years, which are closest in design to the CBP Leadership Institute.

The evidence of past performance should be in a table format and include the following:

• Project Title

• Organization Name

• Point of contact with phone number

(CO/COTR/PM)

• Period of performance

• Project Description

• Major accomplishments

• Total contract value

• Contract type

• Major subcontractors

($500,000 or more)

Subfactor 1: Evidence of past performance.

Describe evidence of past performance, including the extent to which the offeror is experienced in delivering high-quality academic curricula of advanced education to working professionals.

Subfactor 2: References for at least three previous programs.

Provide references for at least three previous programs which are closest in design to the Leadership Institute.

References should not be more than five years old.

Subfactor 3: Previous experience in industry or Government.

Describe information sufficient to identify previous experience in industry or Government (Federal, State, Local) similar to tasks included in the Statement of Work. Project summaries shall describe experience during the last five years or currently underway. The list should be in chronological order, beginning with the most recent project and continuing backwards.

Subfactor 4: Newly formed entities.

Offerors that are newly formed entities and without prior contracts should list contracts and subcontracts as required for all key personnel. Projects shall be identified with the name(s) of individuals who worked on them.

Subfactor 5: Information from other than the sources identified.

The Government may use past performance information obtained from other than the sources identified by the Offeror. Information will be used for both the responsibility determination and best value.

References listed by the Offeror may/may not be contacted by the Government.

• Salaries of personnel required to manage the indefinite quantity work required by the task order;

• Administrative supplies;

• Site visits;

• Mobilization for each task order;

• Supervision;

• Materials;

• Quality control

*Addendum to FAR 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) Basis for Award. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation is determined to be the best value to the Government, technical, price and other factors considered. The Government reserves the right to make an award to other than the lowest priced offeror. The Government also reserves the right to award a contract based upon initial offers. If the Government determines discussions are required, the Contracting Officer may determine that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted. The Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a price and technical standpoint. The Government intends to make a single award resulting from this solicitation.

(b) General. In order to determine the offer providing the best value, the following factors including weights will be considered:

Volume I Factor A: Overall Course Design and Curriculum (30 points total of subfactors below)

Subfactor 1: Proposed curriculum meeting the needs of CBP (15 points) Subfactor 2: Philosophy and approach to professional education (1 point) Subfactor 3: Schedule of Study (5 points) Subfactor 4: Instructional Techniques to be used (1 point) Subfactor 5: Model for managing application activities (2 points) Subfactor 6: Coaching model (2 points) Subfactor 7: Plan for program evaluation and improvement (1 point) Subfactor 8: Plan for faculty feedback to participants (3 points)

Factor B: Faculty (30 points total of subfactors below)

Subfactor 1: Organizational infrastructure and on-board bench strength to adapt (5 points) Subfactor 2: Quality and appropriateness of the proposed faculty (19 points) Subfactor 3: Letter of commitment (1 point) Subfactor 4: Familiarity with Federal Government and Law Enforcement (4 points) Subfactor 5: Attendance of a two day CBP Orientation with site visit (1 point)

Factor C: Training Location: Contractor hosted facility (20 points total of subfactors below)

Subfactor 1: Contractor facility (12 points) Subfactor 2: Evening availability (1 point) Subfactor 3: Responsibility for lodging, meals, breaks, and classroom facilities (5 points) Subfactor 4: Photos of proposed facilities (1 point) Subfactor 5: Commitment Letter (1 point)

Factor D: Academic Component (10 points total of subfactor below)

Subfactor 1: Graduate level content on leading in a law enforcement environment (10 points)

Factor E: Past Performance (10 points total of subfactors below)

Subfactor 1: Evidence of past performance (6 points) Subfactor 2: References for at least three previous programs (1 point) Subfactor 3: Previous experience in industry or Government (1 point) Subfactor 4: Newly formed entities (1 point) Subfactor 5: Information from other than the sources identified (1 point)

Volume II Price (9 points maximum)

(1) Factors A through E with subfactors are listed with their numerical weights in order of importance. The non-price factors when combined are significantly more important than Price. Total of 100 points possible.

(2) Price will carry a numerically maximum weighted factor of 9 points in the evaluation of proposals. The lowest cost will receive 9 points and the formula for all other proposals will be “Price Score = Lowest Price Offer / Offeror's Total Price X 9”. The importance of price in the evaluation for award will increase with the degree of equality of the proposals.

Price

The Offeror’s total price shall be evaluated using “ Attachment 4 Rev 2 – Pricing Schedule Rev 2” completed by the Offeror. The pricing submitted will determine the total evaluated price of each Offeror, inclusive of option periods. Price proposals will be reviewed for reasonableness and affordability to determine whether they reflect an understanding of the requirements or contain apparent mistakes. The Offeror’s proposed approach must be consistent with the price proposal.

As part of the price evaluation, proposals may be reviewed to identify any significant unbalanced pricing. In accordance with FAR 15.404-1(g), Unbalanced Pricing, a proposal may be rejected if the Contracting Officer determines the lack of balance poses an unacceptable risk to the Government.

*Addendum to FAR 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)