This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice and is subject to the rules of FAR Part 12 and 15. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.
This notice constitutes solicitation RFPP05161200001 and is being issued as a Request for Proposal. This notice and any incorporated provisions include those in effect through Federal Acquisition Circular 2005-56. Offers are being solicited from all interested parties. The applicable NAICS code for this acquisition is 611210 and the small business size standard is $7.0 million.
The Federal Bureau of Prisons, Field Acquisition Office, Grand Prairie, Texas intends to establish a firm-fixed price indefinite-delivery, requirements type contract for the provision of an Advanced Occupational Training Program to include two classes: Computer Technology and Systems Technology to be rendered for the inmate population incarcerated at the Federal Correctional Institution (FCI) Three Rives, Texas. A description of the services required is attached to this posting as an attachment.
CONTRACT CLAUSES:
52.252-2 -- Clauses Incorporated by Reference (Feb 1998).
A resultant contract will incorporate 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 (FEB2012) 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 double-sided on recycled paper (MAY 2011)
52.204-7 Central Contractor Registration (FEB 2012)
52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)
52.223-5 Pollution Prevention and Right to Know Information (MAY 2011)
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 Comprehensive General Liability: $500,000 per occurrence for bodily injury.
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
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 the expiration of the current performance period
52.217-9 Option to Extend the Term of the Contract (MAR 2000) - prior to expiration of the current performance period; 60 days; 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
52.21-603-70 Contract Monitor - (a) Tara Hollinger, Supervisor of Education at FCI Three Rivers.
52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)
52.27-103-72 DOJ Contractor Residency Requirement - BOP (JUN 2004)
52.242-1502 Evaluation of Contractor Performance Utilizing CPARS (APR 2011)
The services, although not directly supervised, shall be reviewed by Federal Bureau of Prisons (BOP) staff to ensure contract compliance. The contractor's performance will be evaluated in accordance with FAR 42.15. Contract monitoring reports will be prepared by the Contacting Officer's Technical Representative (COTR) or Contract Monitor (CM) and maintained in the contract file.
In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit it to the Past Performance Information Retrieval System (PPIRS). The BOP utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to provide contractor performance evaluations. The contractor shall provide and maintain a current e-mail address throughout the life of the contract. The contractor will receive an e-mail from the Focal Point thru the following website address [email protected] the contract is registered in CPARS. The e-mail will contain a "user ID" and temporary password to register in the CPARS system. The contractor must be registered to access and review its evaluation and/or provide a response. If assistance is required when registering, please contact the Contracting Staff/Focal Point.(End of Clause)
JAR 2823.303-70 Unsafe Conditions Due to Presence of Hazardous Material
(a) "Unsafe condition" as used in this clause means the actual or potential exposure of contractor or Government employees to a hazardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other material or working condition designated by the Contracting Officer's Technical Representative (COTR) as potentially hazardous and requiring safety controls.
(b) The Occupational Safety and Health Administration (OSHA) is responsible for issuing and administering regulations that require contractors to apprise its employees of all hazards to which they may be exposed in the course of their employment; proper conditions and precautions for safe use and exposure; and related symptoms and emergency treatment in the event of exposure.
(c) Prior to commencement of work, contractors are required to inspect for and report to the contracting officer or designee the presence of, or suspected presence of, any unsafe condition including asbestos or other hazardous materials or working conditions in areas in which they will be working.
(d) If during the performance of the work under this contract, the contractor or any of its employees, or subcontractor employees, discovers the existence of an unsafe condition, the contractor shall immediately notify the contracting officer, or designee, (with written notice provided not later than three (3) working days thereafter) of the existence of an unsafe condition. Such notice shall include the contractor's recommendations for the protection and the safety of Government, contractor and subcontractor personnel and property that may be exposed to the unsafe condition.
(e) When the Government receives notice of an unsafe condition from the contractor, the parties will agree on a course of action to mitigate the effects of that condition and, if necessary, the contract will be amended. Failure to agree on a course of action will constitute a dispute under the Disputes clause of this contract.
(f) Nothing contained in this clause shall relieve the contractor or subcontractors from complying with applicable Federal, State, and local laws, codes, ordinances and regulations (including the obtaining of licenses and permits) in connection with hazardous material including but not limited to the use, disturbance, or disposal of such material.
(End of Clause)
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (MAR 2012)- (b) 1, 4, 6, 10, 14, 23, 26, 28-34, 38, 42, 47; (c) 1- WD 2005-2507 Revision 12, (c)2- $23.06 (exclusive of benefits) for occupational code 15095; and (c)3.

OTHER CONTRACT TERMS AND CONDITIONS:
Type of Contract: A resultant contract will be an indefinite delivery/requirements type contract with firm-fixed pricing. It is anticipated that a contract award resulting from this solicitation will be made in June 2012.

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 by submitting information to initiate security clearance procedures 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 under this contract is FCI Three Rivers, Texas.

Ordering Official: Task orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for the institution with an appropriate certificate of appointment or a delegation of authority for commercial purchase card purchases. Orders may be issued orally, faxed or electronically.

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 Three Rivers is responsible for conducting the appropriate law enforcement check on all Contractor staff that may need access inside the prison facility. The following investigative procedure will 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 an offer 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. This is a condition of the contract. Finally, the Contractor shall be in compliance with 8 CFR 274a regarding employment of aliens.

Privacy Act Notification: A resultant contract will require contracted staff to operate a system of records and maintain documentation that will require adherence to the Privacy Act of 1974. The system of records will be maintained in accordance with community standards for adult education. The Contractor and/or staff are not authorized to disclose this or any information pertaining to an inmate to any non-BOP source. Any requests for such information shall be forwarded to the Contracting Officer or Contract Monitor for proper disposition.

Non-personal services: A resultant contract will be a non-personal services contract, as defined in FAR 37.101, under which the Contractor is an independent Contractor. Award of a contract does not constitute an employer/employee relationship. The Contractor will not be subject to Government supervision, except for security related matters; however, Contractor performance shall be closely monitored to ensure contract compliance.

Pricing Methodology- The contract rate for service will be on a per session basis, where a session is defined as one hour in duration. Pricing shall be inclusive of all charges (i.e., wages, insurance, overhead, profit, etc.). Please note that there will be minimal processing time required to enter the institution that should be reflected in the price offered.

Offers should submit a completed copy of the Schedule of Items inclusive of base year and all option periods. Pursuant to FAR 17.203(b), the Government's evaluation shall be inclusive of options. Pursuant to FAR 17.203(d), Offers may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered. The estimated quantity of service required is not a representation to an offeror that the estimated quantities will be required or ordered, or that conditions affecting requirements will remain stable or normal.

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 a FAR clause may be accessed electronically at this address: www.acquisition.gov
52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEPT 2007)
52.217-5 Evaluation of Options (JUL 1990)
52.237-1 Site Visit (APR 1984)
52.212-1 Instructions to Offerors - Commercial Items (FEB 2012) The additional provisions listed below are incorporated into this solicitation via addendum to this provision.
52.209-7 Information Regarding Responsibility Matters (FEB 2012)
52.216-1 Type of Contract (APR 1984) Indefinite Delivery/Requirements type contract with Firm-Fixed Pricing.
52.233-2 Service of Protest (SEPT2006) (a) Procurement Executive, BOP, 320 First Street, N.W., Room 5005, Washington, D.C. 20534
Protests Filed Directly with the Department of Justice (JAR 2852.233-70)
52.212-3 Offeror Representations and Certifications - Commercial Items (MAR 2012)
Faith-Based and Community- Based Organizations (AUG 2005) - can submit offers/bids/quotations equally with other organizations for contracts for which they are eligible.
52.212-2 Evaluation-Commercial Items. (Jan 1999)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
Price
Technical - Instructors degree (provide a copy) and/or relevant experience (list years of experience)
Past Performance

Technical and past performance, when combined, are approximately equal to cost or price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)

When evaluating past performance, including evaluating offerors with no relevant performance history, offerors will be given an opportunity to identify past or current contracts for efforts similar to the Government's requirement.

In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror will not be evaluated favorably or unfavorably on past performance.

Central Contractor Registration - Offerors 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. Failure to complete the registration may result in elimination from consideration for award.

FOIA- Offerors are further advised to mark each individual item within their offer 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.

RFP Attachments:
001 - Statement of Work/Pricing Schedule (5 Pages)
002 - Department of Labor Wage Determination (10 Pages)
003 - Business Management Questionnaire (1 Pages)

SUBMISSION OF OFFERS:
Offers must be received at the Federal Bureau of Prisons, Field Acquisition Office, Armed Forces Reserve Complex, 346 Marine Forces Drive, Grand Prairie, TX 75051 no later than April 25, 2012.
Written offers will be accepted by mail, hand-carried delivery, fax to 972-352-4545, or email.

Mailed or Hand-carried offers must be delivered to the attention of Kelly S. Kelly, Contracting Officer at the address shown. The official point of receipt for hand-carried offers will be at the first floor reception area of the address listed above. Please give 24 hour of advanced notice to Contracting Officer prior to hand-carrying offers to accommodate access to secured base.

Faxed offers must be faxed to 972-352-4545, Attn: Kelly S. Kelly, Contracting Officer. Offers should be clearly marked with the RFP number and include all required information.

Emailed offers must be sent in .pdf format only to [email protected]. Include the following in your subject line: Offer submitted in response to RFPP05161200001. Offers must include all required information.

REQUIRED SUBMITTALS:
On letterhead or business stationary, the following required information must be submitted. Failure to provide required information may result in your offer not being considered.

(1) Contractors DUNS Number
(2) Prices offered per session (session is defined as an eight (8) week class) for an estimated maximum requirement of 12 sessions per contract year. Example format: Base Year: Estimated 12 sessions x $ ______ per session = $ _________. Pricing must be offered for each contract period: Base Year, Option 1, Option 2, Option 3, and Option 4 (Schedule of Items is included within Attachment 001 Statement of Work).
(3) A completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items if different from entry made to the Online Representations and Certifications Application (ORCA) site located at orca.bpn.gov. Please ensure that a business size is listed for this requirement's applicable NAICS code - [enter applicable NAICS code].
(4) Documentary evidence of compliance with qualifications.
(5) A written description of contractor's plan to fulfill the contract requirements throughout the life of the contract.
(6) Point of Contact information for professional references. The Contractor should provide a list of the last three contracts awarded to your organization which are of a related nature, size, and scope. Include the following for each: Customer Name, Address, Phone, Fax, Email address; Contract Number; Contact Person; Type of Work; Contract Amount; Contract Status (Active or Complete).
(7) Point of contact information for a financial reference to include Bank Name, Address, Phone, Email address, and Contact Person. If your references will require a Release of Information statement - provide it with your offer submittal (Attachment 003 Business Management Questionnaire).

Bid Protests Not Available