HSCEDM-11-R-00003 Pages 183-214.docx

Section K Representations, Certifications, and Other Statements of Bidders

K-1 52.204-3 Taxpayer Identification. (OCT 1998)

(a) Definitions.

Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(d) Taxpayer Identification Number (TIN).

[ ] TIN: _____________________.

[ ] TIN has been applied for.

[ ] TIN is not required because:

[ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

[ ] Offeror is an agency or instrumentality of a foreign government;

[ ] Offeror is an agency or instrumentality of the Federal Government.

(e) Type of organization.

[ ] Sole proprietorship;

[ ] Partnership;

[ ] Corporate entity (not tax-exempt);

[ ] Corporate entity (tax-exempt);

[ ] Government entity (Federal, State, or local);

[ ] Foreign government;

[ ] International organization per 26 CFR 1.6049-4;

[ ] Other _________________________.

(f) Common parent.

[ ] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

[ ] Name and TIN of common parent:

Name _____________________________

TIN ______________________________

K-2 52.204-8 Annual Representations and Certifications. (MAY 2011)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 561612.

(2) The small business size standard is $18.5 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that--

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvi) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xix) 52.225-25, Prohibition on Engaging in Sanctioned Activities Relating to Iran-Certification. This provision applies to all solicitations.

(xx) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to--

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

(Contracting Officer check as appropriate.)

[ x](i) 52.219-22, Small Disadvantaged Business Status.

[x ](A) Basic.

[ ](B) Alternate I.

[ ](ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

[ ](iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

[ ](iv) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services--Certification.

[ ](v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

[ ](vi) 52.223-13, Certification of Toxic Chemical Release Reporting.

[ ](vii) 52.227-6, Royalty Information.

[ ](A) Basic.

[ ](B) Alternate I.

[ ](viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below (offeror to insert changes, identifying change by clause number, title, date). These amended representation(s) and / or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

K-3 52.209-7 Information Regarding Responsibility Matters. (MAY 2011)

(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 Central Contractor Registration database at http://www.ccr.gov (see 52.204-7).

K-4 52.219-4 Notice of Price Evaluation Preference for HUBZone (JAN 2011) Small Business Concerns

(a) Definitions. See 13 CFR 125.6(e) for definitions of terms used in paragraph (d).

(b) Evaluation preference.

(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except—

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) A concern that is both a HUBZone small business concern and a small disadvantaged business concern will receive the benefit of both the HUBZone small business price evaluation preference and the small disadvantaged business price evaluation adjustment (see FAR clause 52.219-23). Each applicable price evaluation preference or adjustment shall be calculated independently against an offeror’s base offer. These individual preference amounts shall be added together to arrive at the total evaluated price for that offer.

(4) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraphs (d) and (e) of this clause do not apply if the offeror has waived the evaluation preference.

o Offeror elects to waive the evaluation preference.

(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for—

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than procurement from a non-manufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction.

(i) At least 15 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor’s employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor’s employees or on a combination of the prime contractor’s employees and employees of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns; or

(4) Construction by special trade contractors.

(i) At least 25 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor’s employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor’s employees or on a combination of the prime contractor’s employees and employees of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns.

(e) A HUBZone joint venture agrees that the aggregate of the HUBZone small business concerns to the joint venture, not each concern separately, will perform the applicable percentage of work requirements.

(f)(1) When the total value of the contract exceeds $25,000, a HUBZone small business concern non-manufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business concern manufacturers.

(2) When the total value of the contract is equal to or less than $25,000, a HUBZone small business concern non-manufacturer may provide end items manufactured by other than a HUBZone small business concern manufacturer provided the end items are produced or manufactured in the United States.

(3) Paragraphs (f)(1) and (f)(2) of this section do not apply in connection with construction or service contracts.

(g) Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award of this contract. The HUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR 126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror.

K-5 52.219-23 Notice of Price Evaluation Adjustment for Small (OCT 2008) Disadvantaged Business Concerns

(a) Definitions. As used in this clause— “Historically black college or university” means an institution determined by the Secretary of Education to meet the requirements of 34 CFR 608.2. For the Department of Defense (DoD), the National Aeronautics and Space Administration (NASA), and the Coast Guard, the term also includes any nonprofit research institution that was an integral part of such a college or university before November 14, 1986.

“Minority institution” means an institution of higher education meeting the requirements of Section 365(3) of the Higher Education Act of 1965 (20 U.S.C. 1067k), including a Hispanic-serving institution of higher education, as defined in Section 502(a) of the Act (20 U.S.C. 1101a).

“Small disadvantaged business concern” means an offeror that represents, as part of its offer, that it is a small business under the size standard applicable to this acquisition; and either—

(1) It has received certification by the Small Business Administration as a small disadvantaged business concern consistent with 13 CFR Part 124, subpart B; and

(i) No material change in disadvantaged ownership and control has occurred since its certification;

(ii) Where the concern is owned by one or more disadvantaged individuals, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(iii) It is identified, on the date of its representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net).

(2) It has submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR Part 124, subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. In this case, in order to receive the benefit of a price evaluation adjustment, an offeror must receive certification as a small disadvantaged business concern by the Small Business Administration prior to contract award; or

(3) Is a joint venture as defined in 13 CFR 124.1002(f).

(b) Evaluation adjustment.

(1) The Contracting Officer will evaluate offers by adding a factor of 10 percent to the price of all offers, except—

(i) Offers from small disadvantaged business concerns that have not waived the adjustment; and

(ii) An otherwise successful offer from a historically black college or university or minority institution.

(2) The Contracting Officer will apply the factor to a line item or a group of line items on which award may be made. The Contracting Officer will apply other evaluation factors described in the solicitation before application of the factor. The factor may not be applied if using the adjustment would cause the contract award to be made at a price that exceeds the fair market price by more than the factor in paragraph (b)(1) of this clause.

(c) Waiver of evaluation adjustment. A small disadvantaged business concern may elect to waive the adjustment, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraph (d) of this clause do not apply to offers that waive the adjustment.

______ Offeror elects to waive the adjustment.

(d) Agreements.

(1) A small disadvantaged business concern, that did not waive the adjustment, agrees that in performance of the contract, in the case of a contract for—

(i) Services, except construction, at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern;

(ii) Supplies (other than procurement from a non-manufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern;

(iii) General construction, at least 15 percent of the cost of the contract, excluding the cost of materials, will be performed by employees of the concern; or

(iv) Construction by special trade contractors, at least 25 percent of the cost of the contract, excluding the cost of materials, will be performed by employees of the concern.

(2) A small disadvantaged business concern submitting an offer in its own name shall furnish in performing this contract only end items manufactured or produced by small disadvantaged business concerns in the United States or its outlying areas. This paragraph does not apply to construction or service contracts.

K-6 52.222-22 Previous Contracts and Compliance Reports. (FEB 1999)

The offeror represents that -

(a) It [ ] has, [ ] has not participated in a previous contract or subcontract subject the Equal Opportunity clause of this solicitation;

(b) It [ ] has, [ ] has not filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

K-7 52.222-25 Affirmative Action Compliance (APR 1984)

The offeror represents that -

(a) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2); or

(b) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

K-8 52.222-38 Compliance with Veterans' Employment (SEP 2010) Reporting Requirements.

By submission of its offer, the offeror represents that, if it is subject to the reporting requirements of 38 U.S.C. 4212(d) (i.e., if it has any contract containing Federal Acquisition Regulation clause 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans), it has submitted the most recent VETS-100 Report required by that clause.

K-9 52.225-25 Prohibition on Engaging in Sanctioned (SEP 2010) Activities Relating to Iran-Certification.

Section L Instructions, Conditions, and Notices to Bidders

L-1 52.215-1 Instructions to Offerors – (JAN 2004) Competitive Acquisition.

L-2 52.216-1 Type of Contract. (APR 1984)

The Government contemplates award of a Requirements contract resulting from this solicitation.

L-3 52.233-2 Service of Protest. (SEP 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 on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Immigration and Customs Enforcement Office of Acquisition Management James D. Adams 801 I Street NW, Suite 910 Washington, DC. 20536

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

L-4 52.237-1 Site Visit (APR 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

L-5 Mandatory Site Visit

Notwithstanding clause L-4 FAR 52.237-1 Site (Apr 1984), the contractor attendance at the site visit is MANDATORY. Attendance of the site visit is crucial to understand fully the requirement. The Government will not evaluate or accept any proposal from a contractor who has not attended the mandatory site visit.

L-6 Additional Instructions and Conditions and Notices to Offerors

1.0 General

2.0 Instructions for Submissions of Offeror’s Proposal

3.0 Proposal Content

1.0 General

Each Offeror must submit an offer in accordance with the instructions below. The Government will evaluate each Offeror’s understanding of the Government requirements and ability to perform the work on the basis of its proposal. It is the Offeror’sresponsibility to provide information and evidence that clearly demonstrates its ability to satisfactorily respond to the solicitation requirements. The Government does not intend to award partial or multiple awards, therefore Offerors should propose effort for performance of the entire work package.

The contractor shall provide proof of insurance, as defined in the H-1 clause, with their proposal.

Offerors shall submit questions requesting clarification of solicitation requirements via electronic mail to Paul.Previch@dhs.gov. It is requested that all questions regarding the issued solicitation be received no later than August 26, 2011 although any earlier submissions will be accepted. It cannot be guaranteed that questions received after this closing date will be answered. Please clearly number each question and be as clear as possible. All questions and answers will be posted for viewing for all to see via an amendment to the solicitation. For proposal purposes, the estimated date of the contract award is December 1, 2011 with full performance to begin January 31, 2012.

2.0 Instructions for Submission of Offeror’s Proposal

2.1 Award will be made under Solicitation HSCEDM-11-R-00003. Proposals shall be submitted by mail no later than September 9, 2011. Late proposals will be accepted as allowed under FAR 52.215-1 “Instructions to Offerors—Competitive Acquisition.” Offerors must submit via US Mail, UPS, FedEx or choice of carrier or in person, one (1) original proposal and two (2) copies. In addition, three (3) CD’s with the exact information that was submitted via mail hard-copy shall be submitted. Mail to the following address: Immigration Customs and Enforcement ATTN Paul Previch 801 I Street NW Suite 910 Washington, DC 20536 (Phone: 202-732-2539). Offerors shall comply with the detailed instructions for the format and content of the proposal. Proposals that do not comply with the detailed instructions for the format and content of the proposal may be considered non-responsive and may render the Offeror ineligible for award.

2.2 Proposal format: In order to maximize efficiency and minimize the time for proposal evaluation, it is required that all Offerors submit their proposals in accordance with the format and content specified. The CD proposals shall be prepared so that if an evaluator prints the proposal it meets the following format requirements: 8.5 X 11 inch paper – Single spaced typed lines – Tables are allowed for Staffing Plan and Key Personnel – 1 inch margins – 12 point Times New Roman Font in text – No hyperlinks – MS Word Software. Volume’s I, II, and III shall be separately bound.

2.3 Proposals shall be limited to the following submissions:

Volume I -

2.3.1 Legal Offer: Identification and Cover Letter

2.3.2 Signed SF 1447

2.3.3 Section B – CLINS 0001 through CLIN 4008 and all options proposed cost

2.3.4 Section K

Volume II –

Volume III -

1.4 Past Performance – Migrant Housing Services

3.0 Proposal Content

3.1 Cover Letter. The proposal shall include a cover letter that identifies all enclosures being transmitted as part of the proposal. The letter shall reference the solicitation number and acknowledge that it transmits and offer in response to the solicitation. It shall state proposal validity through at least October 1, 2011.

3.1.1 Signed SF 1447. Blocks 13, 14, 15, 16, and 18 of page 1 of SF 1447 will be completed by Offerors and Block 17 shall be signed to show that the offeror has read and agrees to comply with all the conditions and instructions provided in the solicitation document.

3.1.2 Section B – with CLINs 0001 through CLIN 4008, and all options, to be completed, with all fill-ins, by Offeror. The Bed Day rate for quantities above the guaranteed minimum shall be reasonable when compared to the Offeror’s proposed rate for the guaranteed minimum quantities.

3.1.3 Section K. To be completed, in its entirety, with all fill-ins, by Offeror.

3.2 Technical Capability

3.2.1 Performance Work Statement (Section M, Document 1). The Offeror shall submit a Performance Work Statement that outlines how they will meet the requirements and objectives included in the Statement of Objectives in Section C and what standards they will use in order to do so.

3.2.2 Performance Requirement Summary and Performance Monitoring Tool (Section M, Document 2)

The Offeror shall submit a Performance Requirement Summary that outlines how the evaluation process for standards that best meet the goals set by the Government in the SOO and proposed by the contractor in their PWS.

The Offeror shall submit a Performance Monitoring Tool that outlines a clear process for the Government to monitor contractor performance using the standards proposed in the Performance Requirement Summary

3.2.3 Quality Control Plan (Section M, Document 3). The Offeror shall describe its approach to planning and executing a quality control and assurance process throughout the life of the contract that will fully meet the standards proposed in their offer. At a minimum the following items should be addressed:

Inspections Methodology Supervisory Plan Communication Plan

3.2.4 Transition Plan (Section M, Document 4). The Transition Plan shall illustrate how the Offeror will provide a seamless transition between the Contractor and the predecessor Contractor to ensure minimal disruption to vital Contractor services and Government activities. The Transition Plan shall address, at a minimum, the following areas:

· Recruitment, adequate and available staff

· Training of new and incumbent employees in accordance with PWS

· Licenses and Permits obtained prior to performance

· Insurance obtained prior to performance and in compliance with clause H-1

· Identification of Priority Guard Posts which comply with PWS

· Background Investigations; all employees are cleared in accordance with sections C and H.

· Inventory of Proposed Security / Enforcement Equipment is adequate to deal with a disturbance.

3.2.5 List of Key Personnel / Resumes (Section M, Document 5). The Offeror shall provide a minimum of one (1) resume for each key person identified in the SOO: Detention Services – Project Manager and Supervisory Unarmed Security Officers. The Offeror shall propose candidates that clearly possess all of the demonstrated experience and knowledge identified in the SOO, as verified by a signed and dated resume by the individual(s) being proposed.

3.2.6 Management Plan. The Offeror shall provide a management plan that addresses, at a minimum, the following areas:

· Understanding of the SOO

· Understanding of the relevance of the PWS to successful contract performance

· Understanding of how management differs from supervision in the context of the PWS

· An explanation of how the Offeror specifically plans to help ERO achieve the PWS

· Commitment of the Offeror to the success of achieving the PWS as demonstrated by the extent to which the Offeror will realistically put its profits at risk through the meaningful incentives / disincentives proposed.

· This explanation of how the contractor will acquire and maintain a reserve guard force for temporary or emergency (surge) staffing that is sufficient to meet the requirements of the PWS.

3.2.7 Past Performance.

The Offeror shall use Attachment 1 in Section L – Past Performance Questionnaire to obtain information for Unarmed Custody / Security Guard Services. The Offeror shall provide at least two and up to five past performance references that reflect recent relevant experience performed within the last 5 years. References should reflect relevance of experience, corporate commitment, and quality of services, timeliness and utilization of resources. The reference should also cover subcontracting performance or any partnering relationship proposed in response to this solicitation and their role in the past performance referenced should be identified. Include contract / delivery order number, contract type, program name, and total contract cost, short description of work performed, and names and valid telephone numbers for the Contracting Officer (CO), Contracting Officers’ Representative (COTR), and Program Manager. The Government may also use other information available from Government sources to evaluate an Offeror’s past performance. The Government reserves the right to limit or expand the number of references it decides to contact and to contact references other than those provided by the Offeror. If a Past Performance Questionnaire is received from an Offeror, it will be rejected and not used for evaluation purposes.

Section L Attachment 1

PAST PERFORMANCE QUESTIONNAIRE

1.

REF: HSCEDM-11-R-00003 Migrant Housing Services

PART ONE: INSTRUCTIONS

The company who has provided you with this form is proposing on an ICE Request for Proposal (RFP) to provide unarmed custody and security guard services at the Migrant Operations Center at the Naval Station on Guantanamo Bay, Cuba. Past Performance is an extremely important part of the evaluation criteria for this acquisition, so your input is very important. The information is to be provided directly to Mr. Paul Previch, Contract Specialist, at ICE. This information will not be disclosed to the offeror. Please provide a complete assessment and return the questionnaire to ICE, via fax at (202) 732-7369 or preferably via email, Paul.Previch@dhs.gov, no later than August 15, 2011. If you have any questions, please contact Mr. Paul Previch, Contract Specialist at 202-732-2539 or U.S Department of Homeland Security Immigration and Customs Enforcement ATTN: Paul Previch 801 I Street NW Suite 910 Washington, DC 20536.

Attachment 1

PAST PERFORMANCE QUESTIONNAIRE

REF: HSCEDM-11-R-00003 Unarmed Custody and Security Guard Services

PERFORMANCE EVALUATION

I. CONTRACT INDENTIFICATION

A. CONTRACT NUMBER: _________________________________________________________

B. OFFEROR: _______________________________________________________________

C. TYPE OF CONTRACT:

_____ NEGOTIATED

_____ SEALED BID

_____ FIXED PRICE

_____ COST REIMBURSEMENT

_____ OTHER (SPECIFY)

D. COMPLEXITY OF WORK: _____ DIFFICULT _____ ROUTINE

E. CONTRACT AMOUNT: _____________________________________________________

F. CONTRACT PERIOD: _______________________________________________________

G: AGENCY NAME: ___________________________________________________________

II. Adjectival ratings are defined below and should be used as a reference in assessing performance:

III. EVALUATION

A. Corporate Commitment

1. To what extent did the offeror solve contract performance problems without extensive guidance from the customer?

· O ______

· G ______

· A ______

· N ______

· U ______

2. To what extent did the offeror supply adequate, timely, and qualified replacement personnel for all positions?

· O ______

· G ______

· A ______

· N ______

· U ______

3. To what extent did the offeror use key personnel proposed in their offer as key personnel in the contract?

· O ______

· G ______

· A ______

· N ______

· U ______

B. Quality of Services

4. To what extent did the offeror provide high quality services that ensured maximum accuracy throughout, cost effectiveness, and overall client satisfaction?

· O ______

· G ______

· A ______

· N ______

· U ______

5. To what extent was the offeror able to provide quality reports and documentation?

· O ______

· G ______

· A ______

· N ______

· U ______

C. Timeliness

6. To what extent was the offeror’s ability to replace personnel identified and assigned to the project in a timely manner?

· O ______

· G ______

· A ______

· N ______

· U ______

7. How was the offeror’s responsiveness to emergency situations?

· O ______

· G ______

· A ______

· N ______

8. How was the offeror’s ability to submit required proposals and invoices for temporary services in a timely manner?

· G ______

· A ______

· N ______

D. Effective Use of Resources

9. To what extent did the offeror effectively plan work to ensure maximum utilization of resources?

· G ______

· A ______

· N ______

E. TERMINATION HISTORY

10. Has this contract been partially or completely terminated for default or convenience?

_____ Yes _____Default _____ Convenience _____ No

11. Are there any pending terminations?

_____ Yes _____ No

C. EXPERIENCE HISTORY

12. How effective has the offeror been in identifying user requirements?

· O ______

· G ______

· A ______

· N ______

· U ______

Additional comments:

Printed Name of Reviewer:

Title of Reviewer: ______________________________________________________________________

Phone Number: _______________________________________________________________

Signature: _______________________________________________

Date: ___________________

List of each of the agencies / companies that will be receiving the “PAST PERFORMANCE QUESTIONNAIRE.” SEE INSTRUCTIONS ADDENDUM: PAST PERFORMANCE PROPOSALS

AGENCIES / COMPANIES

POC

PHONE NUMBER

FAX NUMBER

E-MAIL ADDRESS

1.

2.

3.

4.

5.

Section M Evaluation Factors for Award

M-1 52.217-5 Evaluation of Options. (JUL 1990)

M-2 Evaluation Factors for Award

It is the intention of the ICE Office of Acquisition Management (OAQ) to award a Requirements contract to acquire services in accordance with the SOO. The Government will make award to the responsible Offeror whose offer conforms to the solicitation and is most advantageous to the Government costs and other factors considered. For this solicitation, all evaluation factors other than cost or price when combined are significantly more important than cost or price.

The Government intends to evaluate proposals and award upon initial proposals. Therefore, the Offerors initial proposal should contain the Offerors best terms from a cost or price and technical standpoint. However, the government reserves the right to enter into discussions, establish a competitive range, and if necessary request best and final offers from Offerors. For evaluation purposes the base period plus all four (4) options will be considered. In addition, the Government will evaluate each proposal using a maximum capacity as its basis in the determination of total evaluated price.

NOTE: To be considered for award the contractor shall attend the site visit.

Each Offer shall be evaluated by using the following factors:

Evaluation Factors The three evaluation factors for this solicitation are:

· Factor #1: Demonstrated Technical / Management Capability (evaluated by the TPPEC)

· Factor #2: Past Performance (evaluated by the BEC)

· Factor #3: Price / Cost (evaluated by the BEC)

The ratings scale below will be used in the evaluation of Factor #1.

Relative Importance of Factors Demonstrated Technical / Management Capability is more important than Past Performance. When combined, Demonstrated Technical / Management Capability and Past Performance are more important than Price / Cost.

The Government has reserved the right to conduct a pre-award survey on the successful Offeror for responsibility determination.

Factor 1: Demonstrated Technical / Management Capability

The documents listed below, provided with the contractor’s proposal, are evaluated in accordance with the evaluation factors below.

· Document 1: Performance Work Statement

· Document 2: Performance Requirement Summary and Performance Monitoring Tool

· Document 3: Quality Control Plan

· Document 4: Transition Plan

· Document 5: List of Key Personnel / Resumes

· Document 6: Management Plan

EVALUATION

Document 1: Performance Work Statement

The Government will evaluate the Offeror’s Performance Work Statement that outlines how they will meet the requirements and objectives included in the Statement of Objectives in Section C and what standards they will use in order to do so. The Government will evaluate to ensure the Offeror understands the requirements for labor, technical expertise, and program goals.

Document 2: Performance Requirement Summary and Performance Monitoring Tool

The Government will evaluate the Offeror’s Performance Requirement Summary for inclusion of contractor evaluation standards that best meet the goals set by the Government in the SOO and proposed by the contractor in their PWS.

The Government will evaluate the Offeror’s Performance Monitoring Tool to ensure that the tool proposed by the contractor provides a clear process for the Government to monitor contractor performance using the standards outlined in the Performance Requirement Summary

Document 3: Quality Control Plan

The Government will evaluate the Offeror’s approach to planning and executing a quality control and assurance process throughout the life of the contract that will fully meet the standards proposed in their offer. The following items will be evaluated to ensure the above is accomplished:

Inspections Methodology Supervisory Plan Communication Plan

Document 4: Transition Plan

The Government will evaluate the Offeror’s Transition Plan to ensure a seamless transition between the Contractor and the predecessor Contractor and minimal disruption to vital Contractor services and Government activities. The Transition Plan will be evaluatedthe following areas:

· Recruitment, adequate and available staff

· Training of new and incumbent employees in accordance with PWS

· Licenses and Permits obtained prior to performance

· Insurance obtained prior to performance and in compliance with clause H-1

· Identification of Priority Guard Posts which comply with PWS

· Background Investigations, all employees are cleared in accordance with sections C and H.

· Inventory of Proposed Security / Enforcement Equipment is adequate to deal with a disturbance.

Document 5: Key Personnel

The Government will evaluate the resume for each key personnel identified in the PWS proposed by the Offeror. The Government will evaluate the candidates against the demonstrated experience and knowledge identified in the SOO. The Government will ensure all resumes are signed and dated.

Document 6: Management Plan

The Government will evaluate the Offeror’s management plan against the following areas:

· Understanding of the SOO

· Understanding of the relevance of the PWS to successful contract performance

· Understanding of how management differs from supervision in the context of the PWS

· An explanation of how the Offeror specifically plans to help ERO achieve the PWS

· Commitment of the Offeror to the success of achieving the PWS as demonstrated by the extent to which the Offeror will realistically put its profits at risk through the meaningful incentives / disincentives proposed.

· An explanation of how the contractor will acquire and maintain a reserve guard force for temporary or emergency (surge) staffing that is sufficient to meet the requirements of the PWS.

Factor 2: Past Performance

The Past Performance Factor evaluation will assess the relevance and breadth of the Offeror’s experience and the quality of the Offeror’s past performance. The Government is seeking to determine whether the Offeror has experience that will enhance its technical capability to perform and whether the Offeror consistently delivers quality services in a timely and cost effective manner. ICE and PRM will only take into consideration the relevant experience and past performance assessments from the Offeror’s customers when evaluating past performance. However, ICE and PRM reserve the right to use relevant past performance information they obtain through other sources (e.g., interviews with previous clients / customers of the contractor and / or the ERO, other agency databases, etc.).