RFQ_N6227119Q1044.docx

N6227119Q1044 MBTI and TKI Reports Notice of Intent to Award Sole Source Blanket Purchase Agreement

Synopsis:

The Government hereby submits a notice of intent to award a 5-year Blanket Purchase Agreement (BPA) for the procurement of Myers-Briggs Type Inventory (MBTI) Step II Interpretive Report-Form Q’s and Thomas-Kilmann Conflict Mode Instrument’s (TKI) in support of the Center for Executive Education (CEE) for Navy Senior Leader Seminars under other than full and open competition from CPP, Inc. The use of FAR 13.303 procedures will avoid the writing of numerous sole source purchase orders under SAT. There is no existing requirements contract for the same service that NPS is required to use.

The NAICS code is 519130 and the Small Business Size Standard is 1,000 employees.

Description of Agreement:

The supplier shall provide the following services for a period of 5-years or $150,000, whichever comes first:

All BPA calls will be firm-fixed price and subject to the terms and conditions of the BPA. The BPA does not obligate any funds.

Extent of Obligation:

The Government is only obligated to the extent of authorized purchases / calls actually made under the BPA.

Purchase Limitation:

BPA Master dollar limit shall not exceed $150,000.

Individual BPA calls shall not exceed $15,000.

Individuals Authorized to Purchase under the BPA:

Authorized NPS Purchasing Agents: BPA calls may be placed by phone with Government Purchase Card (GPC).

Authorized NPS Contract Specialists / Contracting Officers: Written orders against this BPA may be placed with GPC as method of payment.

Delivery / Invoices:

Invoices shall be processed in arrears after delivery of MBTI Forms and/or TKI Instruments. Invoices shall be provided to the Authorized Purchasing Agents for orders placed by phone with GPC within 5 business days of delivery of MBTI Forms and/or TKI Instruments.

Invoices for orders shall include the following information:

(i) Vendor Name

(ii) BPA Number

(iii) Date of Order

(iv) Purchase Number

(v) Description of service(s)

(vi) Quantity, unit price, and extension of each line item, less applicable discounts ((unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information).

(vii) Date of delivery of MBTI Forms and/or TKI Instruments

A summary of invoices shall be provided to the Contracting Officer quarterly, summarizing all orders placed against the BPA, to include total order amount invoiced and paid to date, and any outstanding invoices.

This announcement will close at 5:00 PM PST on 02/12/2019. Contact Robert B. Gallagher, who can be reached at (831) 656-7853 or email rbgallag@nps.edu. All responsible sources may submit a quote which shall be considered by the agency.

Procedures in FAR 13 are applicable to this procurement action for a blanket purchase agreement.

The government intends on negotiating solely with CPP, Inc. for the MBTI Forms and TKI Instruments. For additional information, the sole source justification has been provided as an attachment.

Sole Source Statement:

The proposed contract action is for commercial supplies or services for which the Government intends to solicit and negotiate with only one source under the authority of FAR 13.501(a)(1)(ii). Interested persons may identify their interest and capability to respond to the requirement or submit proposals. This notice of intent is not a request for competitive proposals. However, all bids, proposals, or quotations received by the closing response date will be considered by the Government. A determination by the Government not to compete with this proposed contract based upon responses to this notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement. The proposed contract action is for supplies or services for which the Government intends to solicit and negotiate with only one source under the authority of FAR 6.302. Interested persons may identify their interest and capability to respond to the requirement or submit proposals. This notice of intent is not a request for competitive proposals. However, all proposals received within forty-five days (thirty days if award is issued under an existing basic ordering agreement) after date of publication of this synopsis will be considered by the Government. A determination by the Government not to compete with this proposed contract based upon responses to this notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement.

The following PROVISIONS AND CLAUSES apply to this acquisition and will be incorporated into any resultant purchase order.

The following DFARS provisions and clauses apply to this acquisition and are incorporated by reference. If the offeror has completed any of the following provisions listed in this paragraph electronically as part of its annual representations and certifications at https://www.acquisition.gov, the offeror they are to indicated in the submitted quote, there is no need to complete these provisions again for a this solicitation.

Authorized Changes Only by Contracting Officer - The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as part of this contract. Except as specified herein, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the Changes clause in Section I. In the event the Contractor effects any change at the direction of any person other the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof. The address and telephone number of the Contracting Officer is: tbd

252.232-7009 Mandatory Payment by Governmentwide Commercial Purchase Card.

As prescribed in 232.1110, use the following clause:

MANDATORY PAYMENT BY GOVERNMENTWIDE COMMERCIAL PURCHASE CARD (DEC 2006)

The Contractor agrees to accept the Governmentwide commercial purchase card as the method of payment for orders or calls valued at or below the micro-purchase threshold in Part 2 of the Federal Acquisition Regulation, under this contract or agreement.

(End of clause)

52.232-36 -- Payment by Third Party (May 2014)

(a) General.

(1) Except as provided in paragraph (a)(2) of this clause, the Contractor agrees to accept payments due under this contract, through payment by a third party in lieu of payment directly from the Government, in accordance with the terms of this clause. The third party and, if applicable, the particular Governmentwide commercial purchase card to be used are identified elsewhere in this contract.

(2) The Governmentwide commercial purchase card is not authorized as a method of payment during any period the System for Award Management (SAM) indicates that the Contractor has delinquent debt that is subject to collection under the Treasury Offset Program (TOP). Information on TOP is available at http://fms.treas.gov/debt/index.html . If the SAM subsequently indicates that the Contractor no longer has delinquent debt, the Contractor may request the Contracting Officer to authorize payment by Governmentwide commercial purchase card.

(b) Contractor payment request.

(1) Except as provided in paragraph (b)(2) of this clause, the Contractor shall make payment requests through a charge to the Government account with the third party, at the time and for the amount due in accordance with those clauses of this contract that authorize the Contractor to submit invoices, contract financing requests, other payment requests, or as provided in other clauses providing for payment to the Contractor.

(2) When the Contracting Officer has notified the Contractor that the Governmentwide commercial purchase card is no longer an authorized method of payment, the Contractor shall make such payment requests in accordance with instructions provided by the Contracting Officer during the period when the purchase card is not authorized.

(c) Payment. The Contractor and the third party shall agree that payments due under this contract shall be made upon submittal of payment requests to the third party in accordance with the terms and conditions of an agreement between the Contractor, the Contractor's financial agent (if any), and the third party and its agents (if any). No payment shall be due the Contractor until such agreement is made. Payments made or due by the third party under this clause are not payments made by the Government and are not subject to the Prompt Payment Act or any implementation thereof in this contract.

(d) Documentation. Documentation of each charge against the Government's account shall be provided to the Contracting Officer upon request.

(e) Assignment of claims. Notwithstanding any other provision of this contract, if any payment is made under this clause, then no payment under this contract shall be assigned under the provisions of the assignment of claims terms of this contract or the Assignment of Claims Act of 1940 (31 U.S.C. 3727, 41 U.S.C. 6305).

(f) Other payment terms. The other payment terms of this contract shall govern the content and submission of payment requests. If any clause requires information or documents in or with the payment request, that is not provided in the third party agreement referenced in paragraph (c) of this clause, the Contractor shall obtain instructions from the Contracting Officer before submitting such a payment request.

(End of clause)

252.204-7000 Disclosure of Information (OCT 2016)

(a) The Contractor shall not release to anyone outside the Contractor's organization any unclassified information, regardless of medium (e.g., film, tape, document), pertaining to any part of this contract or any program related to this contract, unless—

(1) The Contracting Officer has given prior written approval;

(2) The information is otherwise in the public domain before the date of release; or

(3) The information results from or arises during the performance of a project that involves no covered defense information (as defined in the clause at DFARS 252.204-7012) and has been scoped and negotiated by the contracting activity with the contractor and research performer and determined in writing by the contracting officer to be fundamental research (which by definition cannot involve any covered defense information), in accordance with National Security Decision Directive 189, National Policy on the Transfer of Scientific, Technical and Engineering Information, in effect on the date of contract award and the Under Secretary of Defense (Acquisition, Technology, and Logistics) memoranda on Fundamental Research, dated May 24, 2010, and on Contracted Fundamental Research, dated June 26, 2008 (available at DFARS PGI 204.4).

(b) Requests for approval under paragraph (a)(1) shall identify the specific information to be released, the medium to be used, and the purpose for the release. The Contractor shall submit its request to the Contracting Officer at least 10 business days before the proposed date for release.

(c) The Contractor agrees to include a similar requirement, including this paragraph (c), in each subcontract under this contract. Subcontractors shall submit requests for authorization to release through the prime contractor to the Contracting Officer.

(End of clause) SUP 5252.243-9400 Authorized Changes Only by the Contracting Officer (FEB 2008)

a. Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the Contractor's facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the "Changes" clause of this contract.

b. The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

c. The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer's. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone number of the Contracting Officer is: TBD (End of Clause)

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