4.01_Polygraph_Solicitation_N00244-19-Q-0228.pdf

SOLICITATION POLYGRAPH

This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR Part 13 Simplified

Acquisition Procedures and 12.6 Streamlined Procedures for Evaluation and Solicitation for Commercial Items.

This announcement constitutes the only solicitation; a Request for Quotation (RFQ) is being requested and a written solicitation will not be issued. The Solicitation number is N0024419Q0228. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005‐101. This solicitation is issued as full and open competition. NAICS Code 561611 Investigation Services business size is

$20.5M. The solicitation will start on the date this solicitation is posted and will end on 26 July 2019 5:00 PM

Pacific Standard Time.

LINE ITEM 0001: Professional Services for the performance of Polygraph Examinations. Services shall be provided in accordance with the Performance Work Statement (PWS) herein. This line item shall include total cost of all services. Estimated Base Year Period of Performance: September 01, 2019 to August 31, 2020

LINE ITEM 1001: Professional Services for the performance of Polygraph Examinations. Services shall be provided in accordance with the Performance Work Statement (PWS) herein. This line item shall include total cost of all services. Option 1 Period of Performance: September 01, 2020 to August 31, 2021

LINE ITEM 2001: Professional Services for the performance of Polygraph Examinations. Services shall be provided in accordance with the Performance Work Statement (PWS) herein. This line item shall include total cost of all services. Option 2 Period of Performance September 01, 2021 to August 31, 2022

LINE ITEM 3001: Professional Services for the performance of Polygraph Examinations. Services shall be provided in accordance with the Performance Work Statement (PWS) herein. This line item shall include total cost of all services. Option 3 Period of Performance September 01, 2022 to August 31, 2023

Requests for technical and or contractual clarification are to be submitted to the Contract Specialist(s) via email:

steffany.becker‐puls@navy.mil. Technical questions shall reference the solicitation number and shall be submitted via EMAIL and received NO LATER THAN COB 3:00PM (PST) ON JULY 25TH. Questions received after this date will not be guaranteed a response. All questions and answers will be posted in the form of an amendment to the solicitation for viewing by all other potential quoting contractors. Other methods of question submittal will not be acknowledged.

The following provisions and clauses are applicable and are hereby incorporated into the solicitation by reference and by full text. The full text of the clauses/provisions from the FAR and DFARS can be accessed via the internet using the following web‐site address:

http://farsite.hill.af.mil

It is the responsibility of the interested contractors to obtain copies of the necessary provisions and or clauses that are required as a part of this solicitation. Required clauses/provisions that are not submitted may render a quote not to be accepted by the government.

THE FOLLOWING CLAUSES ARE APPLICABLE:

FAR 52.212‐1, Instructions to Offerors ‐ Commercial Items;

Addendum to 52.212‐1 Instructions to Offerors‐Commercial Items

Offerors need only submit a signed proposal by the solicitation closing that 1) shows the offeror is not taking exception to any solicitation term; 2) includes the Section K Certifications and Representations; and 3) includes unit prices and total prices for all line items and sub line items for which the Navy is soliciting a price.

OFFERORS SHOULD NOT SUBMIT ANY ADDITIONAL INFORMATION WITH THEIR PROPOSAL.

After the solicitation closing date, the contracting officer may require an offeror to promptly submit information to demonstrate the offeror is responsible.

52.212‐2 ‐‐ Evaluation ‐‐ Commercial Items.

The Government will make a single award using a low price technically acceptable ("LPTA") source selection. The

Government intends to award on initial offers but reserves the right to conduct discussions.

To be determined technically acceptable, an offeror must submit a proposal that does not take exception to any term of the solicitation. The contracting officer will use the following rating table:

Rating Description

Acceptable Proposal does not take exception to any term of solicitation and therefore clearly meets the requirements of the solicitation.

Unacceptable Proposal takes exception to a solicitation term(s) and therefore does not clearly meet the requirements of the solicitation.

Price will be evaluated by totaling the prices for all line items and subline items, including options, for which the

Government has requested the offeror provide a price.

An award will only be made to an offeror that satisfies the general responsibility standards of FAR 9.104‐1.

The contracting officer may either make a responsibility determination without requesting any information from an offeror or require the offeror provide information to substantiate that it satisfies the general responsibility standards of FAR 9.104‐1. The particular information requested from an offeror will be specific to that offeror. For example, an offeror that the contracting officer is less familiar with may be required to provide information not required from another offeror. The contracting officer may consider an offeror’s inability to promptly respond to a request for information as an indication the offeror is nonresponsible since FAR 9.103(c) obligates prospective contractors to affirmatively demonstrate their responsibility.

When the contracting officer requests responsibility information, the contracting officer’s request, the offeror’s response, and all related communications between the Government and offeror are solely for the purpose of determining whether the offeror is responsible. These communications will not constitute discussions within the meaning of FAR 15.306 since the offeror will not be given an opportunity to revise its proposal.

While the contracting officer may require the offeror to provide any information related to the standards at FAR

9.104‐1, the following are examples of information that may be required:

1. A demonstration, through information such as bank references and financial information (e.g., most current annual balance sheet), that the offeror has adequate financial resources to perform the contract.

2. A demonstration the offeror’s price is not so low as to call into question the offeror’s capability to successfully perform the contract.

3. Past performance information on recent contracts for items similar to this requirement, including a point of contact for the Government activity or commercial entity customer.

4. A demonstration the offeror can comply with the required performance schedule, including a transition plan.

5. A demonstration the offeror has, or can obtain, the organizational, management and technical skills to successfully perform. This demonstration may involve the particular personnel and approaches available to the offeror.

6. The offeror’s quality assurance procedures.

7. The equipment and facilities the contractor will use.

8. Information demonstrating a proposed subcontractor satisfies the FAR 9.104‐1 general standards of responsibility.

9. Completion of the 52.212‐3 Offeror Representations and Certifications ‐‐ Commercial Items.

10. A demonstration the offeror isn’t an inverted domestic corporation. 11. Certificate of registration of the company.

12. A demonstration the offeror has all registrations, permits and licenses required to perform the contract in the locations for which the offeror is proposing.

13. In the event the offeror is a joint venture, a Memorandum of Association which indicates who has the authority to bind the company

Nothing in this provision limits the contracting officer’s discretion to rely on information available from other sources (e.g., past performance data bases, discussions with other entities familiar with the offeror) or to use any other technique described FAR 9.1 when determining whether the offeror satisfies the FAR 9.104‐1 general responsibility standards.

Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and three (3) 12‐ month option years.

Base Year

Option Year I

Option Year II

Option Year III

Place of Performance: The work to be performed under this contract will be performed at Naval Consolidated Brig

(NCBM) Miramar, Clinical Services Sex Offender Treatment Lab for Polygraph and Plethysmograph assessments.

Naval Consolidated Brig Miramar, 46141 Miramar Way, Suite 1, San Diego CA 92145‐2135.

Performance Work Statement

Title: POLYGRAPH SERVICES

1. SCOPE: Naval Consolidated Brig (NCBM) Miramar requires professional services for the performance of Polygraph Examinations to prisoners who are in the NCBM Sex Offender Treatment Program (SOTP). The SOTP is based on Risk‐Need‐Responsivity principles where continuity of care (with the SOTP providers and the Polygraph examiner/contractor) is vital for the effective treatment of prisoners and success of the SOTP. Data collected from these examinations shall not be used in any study or reporting of trend data outside of NCBM SOTP. Required/generated reports are the sole property of the respective prisoner’s clinical services record. All reports will be provided via encrypted email and will utilize no personally identifiable information (PII). Rather than PII, a group number will be generated for each treatment participant to protect confidentiality.

2. TASKS:

a) The contractor shall perform 143 polygraph examinations: 38 sexual history polygraphs, 78 sexual behavior polygraphs, 12 plethysmograph polygraphs, 12 re‐test polygraphs, and 3 maintenance polygraphs.

b) Over the course of the contract, examinations will be conducted at least every three months and each visit will be set with the SOTP Director at least one month in advance of each scheduled trip.

c) The contractor shall ensure that written consent forms are provided and that treatment participants’ questions regarding the polygraphs are answered prior to conducting the polygraphs. The contractor must ensure that all client electronic data is encrypted and all client data is maintained according to HIPAA standards, including storage in a double‐locked secure storage area. The contractor must also ensure that no data leaving the facility contains personally identifiable information.

d) At the completion of each polygraph examination, the contractor shall hold a debrief with NCBM Technical Point of Contact (TPOC) on the assessment/examination result(s). The contractor shall provide an official written report on the results of each assessment/examination performed to the NCBM SOTP Director following the completion of the assessment. Not later than (NLT) 14 calendar days after completion of each polygraph examination, the contractor shall provide separate official reports on the result of each assessment and examination performed to the NCBM SOTP Director.

e) As our SOTP is based on Risk‐Need‐Responsivity principles, continuity of care between the SOTP providers and the Polygraph examiner/contractor is vital. We require one examiner/contractor to provide these direct services.

Regardless of the number of employees that a contractor’s company may employ, we require one person to be the deliverer of our service. This is not only important for treatment success but also a function of the logistics and security concerns of providing services within a military brig, located on a military installation. Any change in this requirement, would need to be approved in advance by NCBM staff and would require time for processing and approval.

f) Polygraph examination. The contractor shall administer various types of polygraphs examinations including sexual history polygraph and the sexual behavior polygraph. Depending on need, maintenance polygraphs, plethysmograph polygraphs, and re‐ polygraphs may be required. The administration of the polygraph examination and the reports are similar, regardless of the focus/type of polygraph assessment.

g) Sexual history polygraphs. The contractor shall perform pretest interview (first phase) where all aspects of the prisoner' s sexual history are discussed in detail; to include amount of times he has engaged in deviant or illegal sexual contacts. Categories will include minor victims, sexual activities with others as a minors, similarly‐ aged females or males, masturbation, fantasies, pornography, internet, nude photos, anal stimulation, incest, animals, marital history/affairs, sex toys, exhibitionism, voyeurism, telephone sex, stalking, prostitutes, sex trafficking, group sex, rape, hitchhikers, frottage, SM/Bondage, auto fellatio, sexually transmitted diseases, cross dressing, coprophilia/urophilia, sexual homicide, and necrophilia. In addition, the prisoner will be asked about use of alcohol/illegal drugs, and use of threats and physical violence in sexual activities. The contractor shall be expected to provide a copy of the interview form for the prisoner to fill out and discuss with their provider prior to the assessment. This will be kept by NCBM and will not leave the facility.

h) The interview will be followed by the instrumentation phase of the polygraph examination. During this phase, the prisoner's psychological responses are recorded using the polygraph instrument in an effort to determine the prisoner's truthfulness during the interview portion.

i) The final phase of the sexual history polygraph examination, the contractor shall analyze and grade the prisoners’ reactions and provide expert conclusions whether the prisoner was deceptive or non‐deceptive. This information is then provided to NCBM SOTP Director in a written report to include all relevant issues discussed.

j) Sexual Behavior Polygraph. The contractor shall determine how often the participant is masturbating and the thoughts and fantasies used during masturbation, especially, concerning their offense behavior and deviant fantasies. This will follow a similar format to the above described Sexual History Polygraph. The Sexual Behavior

Form is provided by NCBM. Interview, instrumentation phase, and analysis/report phase are comparable to that described above.

k) Maintenance Polygraph. This test covers supervision and treatment compliance.

l) Plethysmograph Polygraph. The contractor shall determine whether or not the prisoner manipulated or attempted to manipulate his plethysmograph.

m) Re‐polygraph. The contractor shall clarify any disclosures during previous polygraph examinations as described above.

3. QUALIFICATIONS/CERTIFICATIONS:

a) The contractor shall be Nationally Certified and Licensed (current) by any state to independently perform the Polygraph services that are required by this Performance Work Statement (PWS). No supervisory hours toward licensure/certification will be provided by NCBM staff. The contractor shall provide copy of current national certification and license, and other pertinent data to support their certification and licensing to perform the required services.

b) The contractor must submit proof of completion of a basic course of polygraph training at a polygraph school accredited by the American Polygraph Association (APA), as well as completion of an APA accredited 40‐hour Basic Post Conviction Sex Offender Testing (PCSOT) course. Contractor shall be a current Certified Examiner of the California Association of Polygraph Examiners (CAPE) or other state equivalent, and must submit their CAPE or state‐equivalent certification number. Contractor shall also be a CAPE (or state‐equivalent) approved PCSOT examiner. Contractor must show evidence of completing a minimum of fifty (50) polygraph exams of sexual offenders in a civil commitment or incarceration setting.

Bidders are encouraged that have a Private Investigator licensed by the California Board of Security and Investigative Services (BSIS) or state‐equivalent license. License must be active with no disciplinary actions. Contractors must show evidence of remaining current with continuing education requirements with a minimum of 30 hours of APA approved hours every 2 years, with a minimum of 15 of those hours being PCSOT‐specific training. Contractor must maintain professional liability insurance covering any damages caused by error, omission, or negligent acts with limits not less than $1,000,000 per claim and $2,000,000 aggregate.

4. DELIVERABLES:

The contractor shall deliver required official reports to the Clinical Services Department at the NCMB in accordance with the requirements in section “2 TASKS” of the PWS. The contractor shall include mandatory topics in the report deliverables as indicated below:

a) Sexual History Polygraph Examination Report Mandatory Topics:

i) Summary of Sexual History Polygraph pre‐interview

ii) Summary of all past alcohol and drug use

iii) Summary of past physical violence (victim or perpetrator)

iv) Summary of Examiner's assessment of the results to include whether any deception was detected, and on what topics deception was detected.

b) Sexual Behavior Polygraph Report

i) Summary of Sexual Behavior Polygraph pre‐interview

ii) Summary of prisoner' s response to the questions.

iii) Summary of Examiner's assessment of the results to include whether any deception was detected,

c) Instant Offense Polygraph Report

i) Summary of Instant Offense Polygraph pre‐interview

ii) Summary of prisoner's response to the questions.

iii) Summary of Examiner’s assessment of the results to include whether any deception was detected,

d) Maintenance Polygraph Report

i) Summary of Maintenance Polygraph pre‐interview

ii) Summary of prisoner’s response to the questions.

e) Plethysmograph Polygraph Report

i) Summary of Plethysmograph Polygraph pre‐interview

ii) Summary of prisoner's response to the questions.

iii) Summary of prisoner's response to the question "Did you do anything to manipulate the plethysmography examination?"

iv) Summary of Examiner's assessment of the results to include whether any deception was detected,

f) Re‐polygraph Reports

i) Summary of Re‐polygraph pre‐interview

ii) Summary of prisoner' s response to the questions.

5. PERIOD OF PERFORMANCE: Over the course of the contract, examinations will be conducted at least every three months and each visit will be set with the SOTP Director at least one month in advance of each scheduled trip.

Base Period

Option Year 1

Option Year 2

Option Year 3

6. TRAVEL: Travel expenses to/from place of work is not authorized.

7. GOVERNMENT FURNISHED PROPERTY (GFP): No GFP. Contractor is required to utilize own equipment.

Provisions and Clauses

The following FAR provision and clauses are applicable to this procurement:

52.203‐18 Prohibition On Contracting with Entities That Require Certain Internal Confidentiality Agreements or

Statements – Representation

52.203‐19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

52.204‐2 Security Requirements

52.204‐7 System for Award Management

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

52.209‐11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any

Federal Law

52.204‐13 System for Award Management Maintenance

52.204‐19 Incorporation by Reference of Representations and Certifications

52.204‐21 Basic Safeguarding of Covered Contractor Information Systems

52.212‐1, Instructions to Offerors ‐ Commercial Items (DEVIATION 2018‐O0018)

52.212‐2 Evaluation‐ Commercial Items

52.212‐3 Alternate I‐ Offeror Representations and Certifications‐Commercial Items

52.212‐4 Contract Terms and Conditions‐ Commercial Items

52.212‐5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items

(DEVIATION 2018‐O0021)

52.216‐19 Order Limitations

52.217‐3 Evaluation Exclusive of Options

52.217‐4 Evaluation of Options Exercised at Time of Contract Award

52.217‐5 Evaluation of Options

52.217‐8 Option to Extend Services

52.217‐9 Option to Extend the Term of the Contract

52.222‐19 Child Labor—Cooperation with Authorities and Remedies

52.222‐21 Prohibition of Segregated Facilities

52.222‐41‐ Service Contract Labor Standards

52.222‐42 Statement of Equivalent Rates for Federal Hires

52.222‐43 Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and

Option Contracts)

52.222‐50‐ Combating Trafficking in Persons 52.222‐55‐ Minimum Wages Under Executive Order 13658 52.222‐62‐ Paid Sick Leave Under Executive Order 13706

52.225‐13 Restrictions on Certain Foreign Purchases

52.232‐33 Payment by Electronic Funds Transfer—System for Award Management

52.232‐36 Payment by Third Party

52.232‐39 Unenforceability of Unauthorized Obligations

52.232‐40 Providing Accelerated Payments to Small Business Subcontractors

52.233‐1 Disputes

52.233‐1 Alt 1‐ Disputes‐ Alternate 1

52.233‐3 Protest After Award

52.233‐4 Applicable Law for Breach of Contract Claim

52.239‐1 Privacy or Security Safeguards

52.247‐34 F.O.B. Destination

52.252‐2 Clauses Incorporated by Reference

252.203‐7000‐ Requirements Relating to Compensation of Former DoD Officials

252.203‐7002 Requirement to Inform Employees of Whistleblower Rights

252.203‐7005 Requirements Relating to Compensation of Former DoD Officials

252.204‐7000 Disclosure of Information

252.204‐7003 Control of Government Personnel Work Product

252.204‐7008 Compliance with Safeguarding Covered Defense Information Controls

252.204‐7009 Limitations on the Use or Disclosure of Third‐Party Contractor Reported Cyber Incident Information

252.204‐7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

252.204‐7015 Notice of Authorized Disclosure of Information for Litigation Support

252.225‐7001 Buy American and Balance of Payments Program‐Basic

252.232‐7003 Electronic Submission of Payment Requests and Receiving Reports

252.232‐7006 Wide Area WorkFlow Payment Instructions

252.232‐7010 Levies on Contract Payments

252.243‐7001 Pricing of Contract Modifications

252.244‐7000 Subcontracts for Commercial Items

REVIEW OF AGENCY PROTESTS

The contracting activity, Fleet Logistics Center San Diego (FLCSD) will process agency protests in accordance with the requirements set forth in Far 33.103(d).

Pursuant to FAR 33.103(t)(4), agency protests may be filed directly with the appropriate reviewing authority; or, a protester may appeal a decision Rendered by a contracting officer to the reviewing authority. The reviewing authority for FLCSD is the Director, Regional Contracts Department, Fleet Logistics Center San Diego at 3985

Cummings Road, Building 116 ‐ 3rd floor, San Diego, CA 92136‐4200. Agency procurement protests should clearly identify the initial adjudicating official, i.e., the "contracting officer" or "reviewing official".

Offerors should note this review of the contracting officer's decision will not extend GAO's timeliness requirements. Therefore, any subsequent protest to GAO must be filed within 10 days of knowledge of initial adverse agency action.