Request for Proposal - Witness-Deposition Training.pdf

REQUEST FOR PROPOSALS

SOLICITATION # 70B06C25R00000030

WITNESS/EXPERT DEPOSITION TRAINING

I. General Information

a. Purpose

This is a Request for Proposals (RFP) to establish a fixed unit price Purchase Order under (NAICS) 611430-Professional and Management Development Training.

b. Scope

The Government is seeking responses from Offerors describing their technical approach and pricing for meeting the Government’s requirements as outlined in the attached statement of work (Attachment A) for U.S. Customs and Border Protection, Office of Chief Counsel. Past performance on other efforts similar in size, scope, and complexity will also be considered.

c. Notice of Order Set-Aside

This request for proposal is set aside for small businesses.

d. Submission of Written Questions

All questions regarding this RFP shall be submitted by e-mail no later than Friday February 14 at 1:00 p.m. Eastern Standard Time to Ms. Sharron White, e-mail address:

Sharron.White@cbp.dhs.gov. Written questions shall be in Microsoft Word. The Government will not respond to questions received after the deadline for submission of questions.

e. Request for Proposals due date, Submission Mode and Location

Proposals are due on Thursday February 20, 2025, at 1:00 p.m. Eastern Standard Time by e-mail to Sharron.White@cbp.dhs.gov. Proposals submitted after the due date will not be considered.

Proposals shall be valid for a minimum of sixty days (60) days from the due date.

II. Proposal Preparation Instructions and Submission a..General Instructions for Proposals

Offerors are strongly encouraged to carefully review the statement of work (Attachment A), evaluation factors, sub-factors, and the submittal instructions when providing the written response. Offerors are encouraged to submit sample materials in support of proposals.

Offerors must submit their written response in three separate documents: Technical Approach, Past Performance, and Price. Each document must be clearly identified as Technical Approach, Past Performance, or Price. Use of letter-sized (8-1/2” x 11”) pages, single-spaced, 12-inch font size in an easily readable font, such as Calibri or Arial is required for the Technical Approach mailto:Sharron.White@cbp.dhs.gov mailto:Sharron.White@cbp.dhs.gov and Past Performance documents. Nine (9) point font size and single spacing is acceptable for any tables, graphics and illustrations used to support the Technical Approach.

• The Technical Approach document is limited to 20 pages (excluding resumes and sample materials). The cover letter, table of contents, and definitions or acronyms are also excluded from the page limitation.

• The Past Performance document is limited to 1 page per project.

• The Price document must be submitted using Attachment B, Pricing Table.

b. Evaluation Factors and Evaluation Methodology

Proposals will be evaluated in terms of quality, depth, and relevance of information presented in response to this RFP.

The Evaluation Factors are as follows, in descending order of importance:

1. Technical Approach, including sub-factors A-B (non-price);

2. Past Performance (non-price);

3. Price.

Technical Approach and Past Performance, when combined, are significantly more important than Price. As the technical evaluation of proposals approaches equality, price will become more important in making the award determination. In the event that two or more proposals are determined not to have any substantial technical differences (i.e., are technically equivalent), award may be made to the lowest priced proposal.

It should be noted that award may be made to other than the lowest price proposal if the Government determines that a price premium is warranted due to technical merit. The Government may also award to other than the highest technically rated proposal, if the Government determines that a price premium is not warranted. In accordance with FAR 15.306(a)(3), the Government intends to evaluate the proposals and award without discussions.

However, the Government reserves the right to conduct discussions if determined to be in the best interest of the Government.

SELECT BEST-SUITED, THEN NEGOTIATE

If the evaluation and selection process identify a best-suited offeror (i.e., the apparent successful offeror), the Government may communicate with only that offeror to address any matters and finalize a purchase order. These may include price and non-price matters.

The Government will award a fixed unit price Purchase Order to the Offeror whose proposal is determined to best meet the needs of the Government after consideration of all non-price factors and price, that is, the proposal that provides the best value to the Government. Best value is defined as the offer that results in the most advantageous acquisition decision for the Government as determined by an integrated assessment and/or tradeoff analysis among price and non-price factors. The Government may award any resulting purchase order to other than the lowest priced Offeror, or other than the Offeror with the highest non-price rating.

An evaluation team has been established by the U.S. Customs and Border Protection (CBP) to rate the technical proposals. Each member of the team will evaluate each quote in accordance with the technical evaluation factors stated below to determine if the quote is acceptable. Full and impartial consideration will be given to all quotes received pursuant to this solicitation, and the evaluation will be conducted in an equal manner.

The following Factors and sub-factors will be employed for this evaluation as follows:

Factor 1 – Technical Approach:

The Government will evaluate the Offeror’s proposed technical approach to meet the Government’s requirements, including any associated risk of the Offeror’s non-performance in the technical approach and the degree to which the Offeror’s proposed technical approach meets all requirements and demonstrates a clear understanding of the Office of Chief Counsel requirements as described in the request for proposal.

Sub-Factor A - Staffing Approach:

The Offeror’s planned capability to provide experienced lecturers proficient at teaching, as well as directing appropriately coached actors, to foster an effective experiential learning environment that addresses: different litigation strategies and techniques applicable to complex issues of law and fact; the questioning of both expert and lay witness deponents in the civil liability context, and; critical components of deposition practice.

Sub-Factor B – Curriculum Development:

The Offeror’s planned capability to provide a curriculum for the training course, to include the capability to review the OCC provided course material and to make recommendations for improvement of that course material.

Sub-Factor A will be given significantly more weight than Sub-Factor B.

Factor 2 – Past Performance:

Offerors are requested to submit descriptions of no more than two (2) projects where the Offeror served as the prime or a first-tier subcontractor. The projects shall be similar in size, scope, and complexity to the requirement identified in the statement of work and currently being performed or completed within three (3) years of the closing date of this RFP. References shall be included for each project.

Past performance does not necessarily have to be Government-related; but it is important to demonstrate and provide evidence of past performance for work similar in size, scope and complexity to that described in this RFP. The Offeror is required to identify any performance problems/issues/challenges arising out of the contract and clearly describe management actions implemented to overcome problems and the effects of those actions, in terms of improvements achieved or problems solved.

The Government will evaluate past performance for each Offeror primarily based on the submitted project summaries and information obtained from provided references and may use present and/or past performance data obtained from a variety of sources not just those identified by the Offeror, including but not limited to: publicly available reports, and/or data from the Contractor Reporting Assessment Reporting System (CPARs). In accordance with FAR 15.305(a)(2)(iv), offerors without a record of relevant past performance or for whom information on past performance is not available, will not be evaluated favorably or unfavorably on past performance. The information gathered for past performance may also be used in the responsibility determination.

Factor 3 – Price:

The Government intends to issue a fixed unit price purchase order. Thus, Offerors shall consider their full cost of performance (e.g., all staffing (including, but not limited to, any reimbursable travel or transportation expenses), materials, equipment) in establishing their firm-fixed pricing for each course. Price proposals for the base and up to four option years to include optional CLINs shall be submitted in the format shown in the pricing table (Attachment B) of this RFP.

Offerors shall insert the firm-fixed price for each course for each of the identified periods.

Failure to use the attached pricing table for the price proposal may result in elimination of a proposal from further consideration. Pricing will be evaluated for fairness and reasonableness in accordance with FAR 15.402.

General Instructions – Pricing Template (Attachment B)

Offerors shall submit firm-fixed pricing for all Contract Line Item Numbers (CLINs), including both the base and optional CLINs. The Government reserves the right to evaluate and award optional CLINs in accordance with the terms outlined in FAR 52.217-7 Option for Increased Quantity - Separately Priced Line Item.

1. FAR 52.217-7 Option for Increased Quantity Separately Priced Line Item

This solicitation includes DHS FAR Class Deviation 24-05, which allows the Government to exercise options for increased quantities at the prices stated in the contract. Offerors shall ensure their pricing structure remains valid for the option exercise period specified in the solicitation.

The Government may exercise these options at its sole discretion, and Offerors are advised that submission of pricing does not guarantee the Government will order the optional CLINs.

2. Pricing of Optional CLINs

Offerors must provide pricing for all optional CLINs as listed in the solicitation.

Optional CLIN pricing must be separately stated and clearly identified in the proposal.

Failure to provide pricing for optional CLINs may render the quote non-compliant and ineligible for award.

The Government will evaluate optional CLIN pricing as part of the overall price evaluation to determine best value.

3. Exercise of Optional CLINs

The Government does not guarantee that any optional CLINs will be exercised. Any decision to exercise an option will be made at the Government’s discretion based on mission requirements, funding availability, and contractor performance.

By submitting a quote, Offerors acknowledge their understanding of these terms and agree to honor the prices submitted for both base and optional CLINs.

Attachments:

Attachment A – Statement of Work Attachment B – Pricing Table Attachment C – Contract Clauses

Factor 2 – Past Performance: