Combined Synopsis Solicitation FCI Ray Brook.pdf

ATTACHMENT 1

Combined Synopsis Solicitation Vocational Education Instructor Services

Federal Correctional Institution (FCI) Ray Brook

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotes are requested and a written solicitation will not be issued. This solicitation number for this Request for Quotation (RFQ) is RFQP02121100003. This acquisition will not be set-aside, but issued using unrestricted procedures.

GENERAL

The FCI Ray Brook is located at 128 Old Ray Brook Road, Ray Brook, NY 12977. The Federal Bureau of Prisons intends to make a single award for the provision of vocational education instructor services to a responsible contractor who can provide the services in accordance with the stated requirements. The resulting contract shall be a firm fixed price, indefinite delivery, requirements type contract, with a base year and four option years. The base period of performance will be from the date of award through 12 months, and each option year shall be 12 months in duration, in consecutive order, if exercised, at the Government’s unilateral right.

Faith-based and Community-based organizations can submit quotations equally with other organizations, for contracts which they are eligible.

CONTRACT PRICING AND METHODOLOGY

Quotes will be based on a “per session” rate whereas, one session is equal to one hour. Contract pricing shall include all charges to the Government for performing the services required by this solicitation/contract (e.g., overhead, profit, supervision, wages, etc.). The Government reserves the right to award without discussion. Contractors are hereby notified that the Government intends to evaluate quotes and extend an offer of contract award to the contractor whose quote, conforming to the solicitation, represents the lowest price to the Government, in accordance with FAR 52.212-1(g). The quantity of services to be provided by the contractor is estimated below, and is not a representation that the estimated quantities will be required or ordered or that conditions affecting requirements will be stable or normal. Pursuant to FAR 17.203(b), the Government’s evaluation shall be inclusive of options. Pursuant to FAR 17.203(d), the contractor may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

CONTRACT CLAUSES

52.252-2 -- Clauses Incorporated by Reference (Feb 1998) This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a FAR clause may be accessed electronically at this address:

www.acquisition.gov. Full text copies of Justice Acquisition Regulation (JAR) clauses or BOP clauses may be requested in writing from the Contracting Officer.

52.212-4 Contract Terms and Conditions--Commercial Items (JUN 2010) with addendum to incorporate the additional clauses listed below into this solicitation and any resulting contract.

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) 52.204-4 Printed or copied doubled-sided on recycled paper (AUG 2000) 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.223-5 Pollution Prevention and Right to Know Information (AUG 2003) 52.224-1 Privacy Act Notification (APR 1984) 52.224-2 Privacy Act (APR 1984) 52.228-5 Insurance - Work on a Government Installation (JAN 1997) Workers compensation or Employers liability: $100,000; and General Liability written on the comprehensive form of policy of at least $500,000 per occurrence for bodily injury. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

52.232-18 Availability of Funds (APR 1984) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

The following clauses will be incorporated into a resultant contract in full text with applicable fill-in information, as noted:

52.216-18 Ordering (OCT 1995) - (a) from the first day of the effective performance period through the last day of the effective performance period 52.216-19 Order Limitations (OCT 1995) - (a) less than one session; (b) (1) the estimated quantities identified in the Schedule of Items within the current performance period; (b) (2) the estimated quantities identified in the Schedule of Items within the current performance period;

(b) (3) 30 days; (d) 5 days 52.216-21 Requirements (OCT 1995) - (f) after the last day of the effective performance period 52.217-8 Option to Extend Services (NOV 1999) - prior to expiration of the current performance period 52.217-9 Option to Extend the Term of the Contract (MAR 2000) - (a) on or before the first day of the option period; 60 days; (c) but excluding the exercise of any option under the clause at 52.217-8, which is also incorporated into this contract, shall not exceed five (5) years.

52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984) - beyond September 30th of the Base year or any option year exercised; beyond September 30th of the Base year or any option year exercised.

2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (JAR 2823.303-70)

(JUN 1996)

52.21-603-70 Contract Monitor (CM) (AUG 2008) (a) Mandy Macey, Teacher.

52.27-103-72 Department of Justice (DOJ) Contractor Residency Requirement (JUN 2004) 52.224-102(a) Security of Systems and Data, Including Personally Identifiable Information

(MAR 2008)

52.224-102(b) Information Resellers or Data Brokers (MAR 2008) 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005) Continuing Contract Performance During a Pandemic Influenza or other National Emergency

(MAY 2008) (AGD 08-004)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (MAR 2011)- (b) 1, 4, 6, 8, 12, 20, 21, 23, 24, 25, 26, 27, 28, 29, 33, 37, 42;

(c)1–Wage Determination 2005-2377, Rev 9, dated 07/13/2010, (c)2 (at $18.87 /hour) and (c)3.

OTHER CONTRACT TERMS AND CONDITIONS

Type of Contract: The resulting contract will be a single award, indefinite delivery /requirements type contract with firm-fixed pricing. It is anticipated that the contract award resulting from this combined synopsis solicitation will be made in April, 2011, with an anticipated effective date of June 1, 2011.

Performance Period: The periods of performance of the resulting contract shall be Base Year

- Effective Date of Award (EDOA) thru 12 months; Option Year 1 - 13 months from EDOA thru 24 months; Option Year 2 - 25 months from EDOA thru 36 months; Option Year 3 - 37 months from EDOA thru 48 months; Option Year 4 - 49 months from EDOA thru 60 months. The contractor shall commence performance of services under this contract, by submitting required documentation to initiate security clearance, within 5 calendar days from effective date of award of the contract. In accordance with FAR 46.503 and 46.403(a)(6), the place of acceptance for services for the resultant contract will be at the destination, FCI Ray Brook, located in Ray Brook, NY.

Contracting Officer Responsibility: Authority to negotiate changes in terms, conditions, or amounts cited in the resulting contract is reserved to the Contracting Officer. This responsibility will be delegated and in accordance with FAR 42.202 and 42.302, the awarding Contracting Officer assigns the contracting staff at FCI Ray Brook, 128 Old Ray Brook Road, Ray Brook, NY 12977, as the Contract Administration Office (CAO). This assignment carries with it the authority to perform all normal contract administration functions listed in FAR 42.302(a) as items (1) through (70), to the extent those functions apply to the resulting contract.

This assignment also includes delegation of authority to perform functions specified in FAR 42.302(b) as items (1) through (11).

Security and Investigative Requirements: The employees of the contractor entering the institution may be required to meet certain security requirements prior to entering the institution.

Primary concerns are the amount of contact that may occur between the contractor and his/her employees with the inmate population during the performance of the contract. Contractor employees are allowed access to the institution at the sole discretion of the Warden of the institution. The program manager at FCI Ray Brook is responsible for conducting the appropriate law enforcement check on all contractor staff that may need access inside the prison facility. The following investigative procedures may be performed: 1). National Crime Information Center (NCIC) check; 2). DOJ-99 (Name Check); 3). FD-258 (fingerprint check);

4). Law Enforcement Agency checks; 5). Vouchering of Employers; 6). Resume/Personal Qualifications; 7). OPM-329-A (Authority for Release of Information); 8). National Agency Check and Inquiries (NACI) check (if applicable); and 9). Urinalysis Test (for the detection of marijuana and other drug usage). By submitting a quote for service, the contractor and its employees agree to complete the required documents and undergo the listed procedure. An individual who does not pass the security clearance will be unable to enter the BOP facility.

Any individual employed by the contractor who is deemed not suitable by the BOP requirements will not be granted access to perform services under the contract. Finally, the contractor shall be in compliance with 8 CFR 274a regarding employment of aliens.

The service is a contractual arrangement and not a personnel appointment;

Payment is based on an end product or the accomplishment of a specific result;

The service does not constitute an employer /employee relationship; and

The contractor will not be subject to Government supervision, except for security related matters. However, contractor performance shall be monitored.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-50.

If the resulting contract is made to an individual(s), the provision of these services has been determined to meet certain criteria for creating common law employee relationship. Therefore, the BOP is responsible for the payment of FICA taxes (7.65%) and the withholding of the individual’s taxes. These responsibilities apply only when award of this solicitation is made to an individual. It does not apply to companies or individuals who are incorporated. For evaluation purposes, an additional 7.65% will be added to the price submitted by individuals who are not incorporated. Any individuals meeting the criteria as described above must submit a W4 with their price quote.

The Department of Justice, Federal Bureau of Prisons utilizes a web based Contractor Performance Assessment Reporting System (CPARs) to provide contractor performance evaluations, whereas the contractor will be required to access and review evaluations and /or provide responses.

SOLICITATION PROVISIONS

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of any FAR clause or provision may be accessed electronically at www.acquisition.gov

52.212-1 Instructions to Offerors - Commercial Items (JUN 2008) tailored to delete paragraphs at c, d, h and i as they have been determined to be non-applicable to this solicitation. The additional provisions listed below are incorporated into this solicitation via addendum to this provision.

52.212-3 Offeror Representations and Certifications - Commercial Items (MAR 2011) 52.217-5 Evaluation of Options (JUL 1990) 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation (FEB 1999) 52.233-2 Service of Protest (SEP 2006) (a) Procurement Executive, BOP, 320 First Street, N.W., Room 5005, Washington, D.C. 20534 52.237-1 Site Visit (APR 1984) 2852.233-70 Protests Filed Directly with the Department of Justice (JAN 1998) 52.27-103-71 Faith-Based and Community- Based Organizations (AUG 2005) 52.27-103-75 Common Law Employee Provisions (OCT 2003)

Quoters are advised that the Contracting Officer will verify registration in the Central Contractors Registration database (www.ccr.gov) and the Online Representations and Certifications Application (orca.bpn.gov) prior to award of any contract, by entering the potential awardee DUNS number into each database. Contractors are further advised to mark each individual item within their quote considered privileged or confidential under the Freedom of Information Act with notification that the data is considered confidential and privileged and not subject to mandatory disclosure under the FOIA. The North American Industrial Classification (NAICS) code is 611699 and the applicable small business size standard is $7 million.

SUBMISSION OF QUOTATIONS

On letterhead or business stationary, the following information is required:

(1) Contractor Dun and Bradstreet Number

(2) Contract pricing for each Contract Line Item Number (CLIN) shall be based on a “price per session” basis, to provide vocational education instructor services, as described in “ATTACHMENT 2, Statement of Work”. Pricing must be provided for each contract year, to include the Base Year, Option Year 1, Option Year 2, Option Year 3, and Option Year 4.

An example format for price quotes is as follows:

BASE YEAR:

CLIN 0001: $__________ per session x 267 sessions per year = $ _____________ year

OPTION YEAR 1:

OPTION YEAR 2:

OPTION YEAR 3:

OPTION YEAR 4:

Combined Total for the Base Year and All Option Years:

(3) Documentation establishing compliance with the requirements referenced in “ATTACHMENT 2”, under “CONTRACTOR CERTIFICATION /CREDENTIALING”.

(4) Completed copies of the provisions at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items, FAR 52.209-5 Certification Regarding Responsibility Matters and 52.222-22 Previous Contracts and Compliance Reports, if different from entries made to the Online Representations and Certifications Application (ORCA) site, located at orca.bpn.gov.

(5) Point of Contact information for professional references. Contractors should provide a list of the last three contracts awarded to your firm, which are of a related nature. Include the following for each: Customer Name and contact, Address, Phone, Email address, Contract Number, Type of Work, Contract Amount, Contract Status (Active or Complete).

(6) Point of Contact information for financial reference. Contractors should also provide contact information for a financial reference to include bank name, address, phone, and contact person. Financial references such as banking institutions generally require your authorization for release of information. If your reference will require a release, please provide an authorizing statement with your quote submittal.

(7) Proof of ability to obtain the required insurance, as indicated on page 2 of this document.

Any individuals submitting price quotes (corporations are exempt), which might be subject to Common Law provision, must also submit a W4.

Quotes must be received at the Federal Bureau of Prisons, Field Acquisition Office, U.S. Armed Forces Reserve Complex, 346 Marine Forces Drive, Grand Prairie, TX 75051, no later than 2:00pm local time on Thursday, April 14, 2011. Quotes must be marked with the solicitation number (RFQP02121100003) and include all required information, to the attention of Dennis A.

Chinnici, Contracting Officer, FAO. Quotes will be accepted by mail, fax (fax #:

972-352-4545), or email (dchinnici@bop.gov). Any questions regarding this requirement may be submitted to Dennis A. Chinnici, Contracting Officer, at dchinnici@bop.gov.