PRESOL | R | Expert Witness Services Afican Great Lakes Region - SF1449

FBO DAILY ISSUE OF MAY 16, 2010 FBO #3095
SOLICITATION NOTICE

R -- Expert Witness Services Afican Great Lakes Region - SF1449

Notice Date: 5/14/2010
Notice Type: Combined Synopsis/Solicitation
NAICS: 541930 — Translation and Interpretation Services
Contracting Office: Department of Homeland Security, Immigration & Customs Enforcement, ICE-OAQ-MD, 7701 N. Stemmons, Dallas, Texas, 75247, United States
ZIP Code: 75247
Solicitation Number: HSCEMD-10-Q-00017
Point of Contact: Bobby L. Crockett, Phone: 2149055408, Lawrence M. Ayers, Phone: 214-905-5496
E-Mail Address: bobby.crockett@dhs.gov, lawrence.ayers@dhs.gov
(bobby.crockett@dhs.gov, lawrence.ayers@dhs.gov)
Small Business Set-Aside: N/A
Description: Standard Form 1449: Submit DUNS with Submission Bias Vetting Questionnaire Translation Document Kinyarwanda to English Department of Homeland Security Immigration & Customs Enforcement Office of Acquisitions - Investigations & Mission Support Dallas Combined Synopsis/Solicitation - HSCEMD-10-Q-00017 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; proposals are being requested and a written solicitation will not be issued. The authority for this acquisition is FAR SUBPART 13.5 - Test program for Certain Commercial Items. This solicitation, HSCEMD-10-Q-00017, is issued as a request for quotation (RFQ) for an Indefinite-Delivery, Indefinite-Quantity Contract consisting of a base year and four (4) one-year options for expert witness services. The requirement supports the Office of the Principal Legal Advisor, Human Rights Law Division in cases concerning the African Great Lakes Region, in accordance with the Statement of Work below. Quotes are due by 4:30 pm CDT, June 10, 2010. Quotes shall be submitted via email to Bobby Crockett, Contract Specialist, bobby.crockett@dhs.gov, or faxed to (214) 905-5568. Vendors are responsible for confirming receipt of their offer. Quotes received late will not be considered for award. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-40, effective March 23, 2010. The NAICS Code is 541930 and the small business size standard is $6.5 Million. The contract line items are on the attached Schedule. Vendors shall enter proposed prices on the Price Schedule and return with other required documents as their offer. Period of Performance for this requirement shall be one 12-month base period with four additional one-year option periods. The performance period will begin upon issuance of Notice to Proceed (NTP). NTP shall be issued upon notification that at least one vendor employee has receive an approved background security check. To be eligible for award under this solicitation, the vendor must be listed prior to award with current status on the Central Contractor Registration (CCR) website (www.ccr.gov) and the vendor's representations and certifications must be updated and complete in the Online Representations and Certifications Applications website at https://orca.bpn.gov/. Finally, the vendor must not appear on the excluded parties list system (EPLS). Contract Type: This contract shall be a single award Indefinite-Delivery, Indefinite-Quantity Contract. The contracting officer has evaluated the requirement and determined that multiple-awards do not best meet the needs of the Government. The recipient of this award will have to provide expert testimony based on their translation, transcription, interpretation and analysis performed under this contract. All of the work will build upon itself in the presentation of the Government's case in litigation. The required continuity of effort and testimony will be lost if multiple contractors perform various parts of the overall effort. Task orders under this contract shall be firm-fixed price task orders. The minimum amount for any task order shall be no less than $2,000.00. The maximum amount for any task order shall not exceed $340,000.00. The minimum value for this contract is $2,000.00 and the maximum value for this contract is $1,000,000.00 for the life of the contract (base year and all option years combined). Quotes: The contract line items to be priced by the vendor are on the Price Schedule found on the Standard Form 1449. Vendors shall enter proposed prices on the Price Schedule and return it with other required documents as their quote. Offers will be evaluated according to FAR Part 13, Simplified Acquisition Procedures. Award will be made to offer that represents the best value to the Government. Best value means the expected outcome of an acquisition that, in the Government's estimation, provides the greatest overall benefit in response to the requirement. Best value will be determined by considering total price, technical capability, and past performance. The Government will assign an overall rating to each offeror based upon review of their past performance. The following ratings will be used: RATING DEFINITION Neutral (N) No relevant past performance available for this question. Superior (SU) Based on the offeror's performance, essentially no doubt exists that the offeror will successfully perform on future efforts. Satisfactory (SA) Based on an offeror's performance, some doubt exists that the offeror will successfully perform on future efforts. Unsatisfactory (U) Based on an offeror's performance, extreme doubt exists that the offeror will successfully perform on future efforts. Contractors shall provide the past performance questionnaire found at the end of this document to at least one or up to three Government agencies that have received similar services from the contractor within the last five years. These agencies will send the completed questionnaires to the contracting officer. Past performance information is due by 4:30 pm CDT, June 10, 2010. Past performance shall be submitted via email to Bobby Crockett, Contract Specialist, bobby.crockett@dhs.gov, or faxed to (214) 905-5568. Vendors are responsible for confirming receipt of their past performance. Past performance received after this date and time late will not be considered for award. The Government will assign an overall rating to each offeror based upon review of their technical capability. The following ratings will be used: RATING DEFINITION Superior (SU) Based on the offeror's performance, essentially no doubt exists that the offeror will successfully perform on future efforts. Satisfactory (SA) Based on an offeror's performance, some doubt exists that the offeror will successfully perform on future efforts. Unsatisfactory (U) Based on an offeror's performance, extreme doubt exists that the offeror will successfully perform on future efforts. INSTRUCTIONS TO OFFERORS (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show- (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A description of the contractor's qualifications described in sufficient detail to evaluate compliance with the requirements in the solicitation and capability to perform the services required in the Statement of Work (SOW). This includes but is not limited to résumés, vetting questionnaire, translation sample task, proof of citizenship, proof of academic degrees, and any other documentation, literature, or information as deemed necessary to demonstrate capability to provide expert Legal and Cultural analysis related to the African Great Lakes region including but not limited to specific knowledge of legal terminology used in the region, Vetting Services, Interpreting Services, Translation and Transcription Services, and Expert Witness Services as described in the SOW. The Government will evaluate the contractor's technical capability to perform the work specified in the SOW. Evaluation will include: (1) assessment of the contractor's capability to provide expert Cultural and Legal analysis and translation services as demonstrated via completion of the sample translation task. The offeror shall translate the short paragraph provided in Kinyarwanda into English (see Attachment A). (Evaluation credit will be given based on the overall accuracy of the translation including recognition and interpretation of linguistic and cultural nuances.); (2) assessment of the Contractor's capability to perform interpretation tasks described in the SOW, (Additional credit may be provided if the offeror has prior experience interpreting in court.); (3) assessment of the Contractor's demonstrated capability to perform vetting services described in the SOW, (Additional credit may be provided if the offeror has prior professional experience or education in any legal system of the African Great Lakes region.); and (4) assessment of the Contractor's ability to provide expert witness services as described in the SOW, (Additional credit may be provided if the offeror has previously testified as an expert witness.). Contractors shall submit the complete case caption of any legal proceeding in which expert witness testimony was provided as well as the name and contact information of the attorney representing the party for whom expert testimony was given. (5) Price and any discount terms; (6) "Remit to" address, if different than mailing address; (7) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (8) Acknowledgment of Solicitation Amendments; (9) Past Performance. The Government will evaluate the contractor's record of performing work similar in scope and magnitude to the current requirement. Relevancy to the current requirement will be determined by the contracting officer. "Scope" relates to expert services specific to Kinyarwanda genocide cases. "Magnitude" relates to the breath of services required under this SOW. For at least one (1) up to three (3) contracts performed within the past five years, Offerors shall submit a brief explanation of the previously performed work including any difficulties encountered during performance, resolution of performance issues, and a Point of Contract including telephone and e-mail address of the individual(s) responsible for administering that work. The Government may contact any POC or utilize any other information available to asses past performance. Offerors without a record of past performance will receive a "Neutral" rating, which is neither positive nor negative; and (10) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. (d) Translation samples. The contractor shall complete and submit a translation of the attached sample statement into English at or prior to the time specified for receipt of offers. Offeror shall sign the translation certifying that the translation was the sole and independent work product of the contractor. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government and shall not be returned to the contractor. (e) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and- (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (f) Contract award. The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (h) Multiple awards. The Government intends to make a single award for the requirement sought by this solicitation. (i) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database.) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS+4" followed by the DUNS or DUNS+4 number that identifies the offeror's name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office. (j) Central Contractor Registration. Unless exempted by the contracting officer, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. Offerors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757. Evaluation/Basis for Award (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation is most advantageous to the Government, price and other factors considered. Initially, the Government will determine whether a proposed contractor meets the following threshold qualification criteria: 1. Contractor must be "Unbiased" as determined by the Government after analyzing the contractor's responses to the attached Expert Bias Vetting Questionnaire (Attachment B). 2. The Contractor must posses a Law Degree Any proposal that fails to demonstrate compliance with the above minimum threshold qualification criteria will be eliminated from further consideration for award. The contractor must translate the sample document found at Attachment A from Kinyarwanda into English. The contractor will provide this translation as an attachment to their submission in response to this Request for Quotes. Next, the Government will evaluate those proposals that meet all of the threshold qualification criteria based on the factors described below to determine which proposal is the most advantageous to the Government. Be advised that the Government does not intend to hold discussions therefore; offerors are cautioned to provide all information necessary to asses their technical capability in their initial proposal submission. The Government will evaluate Technical Capability, Past Performance, and Price. (b) Technical capability evaluation will include the following: (1) Assessment of the contractor's capability to provide expert Cultural and Legal analysis and translation services as demonstrated via completion of the sample translation task. The offeror shall translate the short paragraph provided by the Government in Kinyarwanda into English. (2) Assessment of the Contractor's capability to perform interpretation tasks described in the SOW. (3) Assessment of the Contractor's demonstrated capability to perform vetting services described in the SOW. (4) Assessment of the Contractor's ability to provide expert witness services as described in the SOW. Contractors shall submit the complete case caption of any legal proceeding in which expert witness testimony was provided as well as the name and contact information of the attorney representing the party for whom expert testimony was given. (c) The Government will evaluate offers for award purposes by adding the total price for all option years to the total price for the base-year requirement. The Government may determine that an offer is unacceptable if any option year prices are significantly unbalanced. DEPARTMENT OF HOMELAND SECURITY IMMIGRATION AND CUSTOMS ENFORCEMENT OFFICE OF THE PRINCIPAL LEGAL ADVISOR EXPERT SERVICES IN THE AFRICAN GREAT LAKES REGION Statement of Work (SOW) July 2010 1.0 Scope. Whether as a result of contracting with a corporate vendor or a single individual, due to the nature of the work sought, OPLA desires to interact with only one single individual expert (designated "key" in the event of a contract executed with a corporate vendor) during performance of the full range of expert services sought including Cultural and Legal analysis as well as translation/transcription, interpreting, vetting, and Expert Witness services in accordance with this Statement of Work (SOW). Vendors proposing multiple individuals to meet this requirement shall be eliminated from consideration for award. The Contractor shall be conversant with the various tribal cultures and legal systems in Rwanda primarily as well as other countries in the African Great Lakes region and use this knowledge in the course of rendering services under this contract. OPLA has a requirement for expert services specific to Rwanda genocide cases, which are in Kinyarwanda, as well as cases involving human rights abusers from the African Great Lakes region. ICE requires individual(s) with expertise in the cultural and legal issues arising from the African Great Lakes region as well as fluency in Kinyarwanda, French, and other languages of the African Great Lakes region identified in this SOW. 1.1 Background The Department of Homeland Security (DHS) Immigration and Customs Enforcement (ICE) Human Rights Law Division (HRLD) in the Office of the Principal Legal Advisor (OPLA) and ICE Office of Investigations (OI), Human Rights Violators and War Crimes Unit (HRVWCU) closely coordinate human rights violator investigations and prosecutions conducted by the ICE Offices of the Chief Counsels (OCC) and Special Agents in Charge (SAC) in human rights violator cases. The HRVWCU fulfills its mission to identify and investigate suspected human rights violators and war criminals who have gained entry into the United States only with the direct support of, and constant coordination with, the HRLD. The HRLD provides direct case support to ICE agents conducting field investigations of human rights violators and advises the HRVWCU on legal issues relating to the narrow field of law concerning human rights violators. To date, the HRLD has reviewed 2,237 total cases, 1,197 of which are currently open. Moreover, the HRVWCU and the HRLD must regularly access the same varied sources of information for the initiation of criminal prosecutions and removal proceedings against human rights violators. In this way, both units function as a single investigative and prosecutorial team at ICE Headquarters. Both units also support the agents and attorneys in the field offices to ensure the success of ICE human rights violator cases. 2.0 TASKS The Contractor shall furnish the full range of solutions and services necessary to meet the scope of the requirement of this contract and individual Task Orders (TOs) as related to the functional areas as described in this section. All solutions and services must meet DHS policies, standards, and procedures as identified by individual TOs. 2.1 Legal and Cultural Analysis 2.1.1 The Contractor shall have experience with legal systems in the African Great Lakes region to include specific knowledge of legal terminology. The Contractor shall also have expertise regarding various cultural intricacies within the region at issue. The Contractor shall provide legal and cultural expert analysis as required by the Government in a form and manner specified under individually issued task orders. Analysis may include but is not limited to assessing linguistic, cultural, and legal nuances in the course of performing any task contained in this SOW or providing independent expert opinion to the Government on topics related to the African Great Lakes region and the Rwandan genocide. 2.2 Language Services including Translation/Transcription, Vetting, and Interpreter Services: The Contractor or Contractor employee shall be native or near native fluent in English as well as all of the following foreign languages: • Kinyarwanda • Swahili • Kirundi • Runyankore • Rusoga • Rugwere • Ruramogi • Luganda • French 2.2.1 Translation/Transcription Services 2.2.1.1 The Contractor shall provide written conversions of source audio or documents in one language into target document written in English, providing separate supplemental cultural and legal context by explaining the meaning and intent of the original source audio or document. 2.2.1.2 The Contractor shall translate witnesses' verbal and written interviews and other documents from source languages under paragraph 2.2 to English to include but not limited to audio and written media. 2.2.1.3 The Contractor's translation/transcription of material shall be certified for use in court and documents will require formatting. Documents will require certification that they comport with 8 Code of Federal Regulation (CFR) 1003.33. Additionally, vendor will provide all transcriptions and translations in hard copy and electronic file (WORD format). 2.2.1.4 The Contractor shall provide proofing, editing and client consultation for product assessment, glossary development, formatting, and final product acceptance. 2.2.1.5 This task will require the Contractor to possess the ability to provide an accurate word or phrase in another language (English) to the meaning equivalent to that of the original languages identified in paragraph 2.2 of the SOW. OPLA requires expert translation services for the following: Rwandan genocide cases - Rwandan documents are frequently written in the native language of all Rwandans, Kinyarwanda. Interviews with Rwandan witnesses to genocide and other human rights crimes are also usually conducted in Kinyarwanda. ICE has made several recent trips to Rwanda accumulating approximately five thousand pages of Rwandan judicial documents (foreign court records), genocide investigation notes, arrest records, and witness testimony. Of the approximate five thousand pages, all but approximately 100 pages are typed. The referenced documentation includes written documentation and audio media. The audio media consists of approximately ten two-hour recordings. In order to proceed with these investigations and prosecutions, ICE requires that the relevant documents be transcribed then translated from Kinyarwanda to English. Kinyarwanda is spoken almost exclusively by Rwandans or descendants of Rwandans in the Rwandan Diaspora, consequently it is a relatively obscure language and qualified translators are uncommon. ICE's primary need is for Kinyarwanda translation; however other existing African Great Lakes cases require translation as well, therefore ICE requires that the contractor must be able to translate the additional languages specified under paragraph 2.2 to English. Additionally, ICE requires the transcription of witness interviews conducted in Kinyarwanda. This task will require the vendor to write out an exact copy of audio media from one the language spoken on the media (Kinyarwanda) to another language (English). The resulting transcripts must then be translated from Kinyarwanda into English. All these translations must be certified for use in court. ICE will also require the transcription of witness interviews conducted in languages specified under paragraph 2.2 to English. 2.2.2 Interpreter Services 2.2.2.1 The Contractor shall provide support services to OPLA by providing oral multilingual interpretation for the following foreign languages identified in paragraph 2.2. 2.2.2.2 Simultaneous interpretation of dialogue from all source languages in paragraph 2.2 to English by means of face-to-face, telephonic, or other methods as determined by OPLA. ICE requires interpreter services for conversations between ICE personnel and Kinyarwanda speakers. This task requires the Contractor to possess the ability to carry out oral translation from one language to another. These conversations may range from very brief (minutes in the case of telephone messages and scheduling conversations) to long (several hours in the case of witness interviews). Knowledge of terms of art in all languages is required. ICE also requires interpretation of conversations between ICE personnel and speakers of other languages under paragraph 2.2 to English. Like the Kinyarwanda conversations, these may range from very brief (minutes in the case of telephone messages and scheduling conversations) to long (several hours in the case of witness interviews). 2.2.3 Vetting Services 2.2.3.1 The Contractor shall provide support services to OPLA by providing a translator to examine all relevant documents. The Contractor is required to be familiar with court records of Rwanda. In addition, the Contractor must possess native or near native fluency in the languages identified in the SOW, so that he/she can provide information to ICE personnel in order for ICE to determine which of the many records warrant translation into English. This task requires that the Contractor posses the ability to conduct a careful examination or scrutinize the documentation to determine suitability. After vetting documents, the relevant documents shall be translated into English as directed by ICE personnel. All translations must be certified for use in court. The Contractor will be required to vet certain documents to identify the language, and then inform ICE personnel whether the document is in one of the languages covered under this SOW. All relevant documents need to be examined by a Contractor who is familiar with court records of Rwanda so that she/he can explain the significance of the documentation in question. Based on the initial vetting, ICE personnel will determine which of the many records warrant translation into English. This task requires the Contractor to possess the abilityto conduct a careful examination or scrutinize the documentation based on criteria provided by ICE personnel. After this vetting of documents, the relevant documents then need to be translated into English. All translations must be certified for use in court. ICE requires vetting of documents written in all languages specified under paragraph 2.2 to English. 2.3 Expert Witness Services: 2.3.1 The Contractor shall provide Expert Witness services as required. Expert Witness services shall include, but not limited to, presenting court testimony regarding services performed under this SOW including but not limited to the certification of the accuracy of the translation. 3. Deliverables (reports, formats, etc.) Deliverables will be provided to OPLA at no additional charge to the Government. Contractor will provide all transcriptions and translations in hard copy and electronic file (WORD format). The Contractor's translation/transcription of material shall be certified for use in court and documents will require formatting. Documents will require certification that they comport with 8 Code of Federal Regulation (CFR) 1003.33. The regulations state that the certification must be typed and signed by the translator and include a statement that the translator is competent to translate the document, and that the translation is true and accurate to the best of the translator's abilities. Additionally, the Contractor will provide all transcriptions and translations in hard copy and electronic file (WORD format). OPLA will provide direction regarding deliverables as required. The Contractor shall submit all deliverables within 30 calendar days unless the Contractor's extension request is approved by the Government unless specified otherwise in the individual TO. Such 30-day period can be accelerated at the sole discretion of the Government. 4. Contractor Requirement/Personnel/Qualification 4.1 Threshold Criteria The personnel proposed shall possess the required skill and suitability to perform this requirement. All proposed contractors' résumés will be reviewed to ensure the contractor meets all qualification requirements. 4.1.1 To be considered qualified the Contractor must complete an ICE vetting questionnaire and upon review by the Government be determined to be unbiased. HRLD shall vet contractor for bias related to the Rwandan genocide, other human rights violations, or the subsequent prosecution of human rights violators that could adversely affect the integrity of the performed services. 4.1.2 The Contractor must posses a Law Degree. 4.2 Non-Disclosure and Confidentiality Agreement Contractor must recognize that he/she will be in possession of sensitive law enforcement information which is valuable, special, and a unique asset of ICE and is protected by federal regulations on asylum confidentiality. Due to the highly sensitive nature of the information contained in these documents, the contractor shall execute the Non-Disclosure / Confidentiality Form (Attached), as well as security documentation addressed in the "Personnel Security Requirements" section of this SOW prior to beginning performance. Contractor shall perform all services in an unbiased, objective, and professional manner. Additionally, the Contractor must also provide completed security documentation addressed in the "Personnel Security Requirements" section. Contractor must secure and safeguard all media and documentation provided in the performance of this contract as follows: 1. Contractor shall take all precautions to prevent media or documents from being compromised, altered, damaged, lost or improperly disseminated, or disclosed. 2. Contractor shall not further disclose or provide access to media and documents provided under this contract except as expressly authorized by the COTR or in accordance with the Non-Disclosure / Confidentiality Agreement. Contractor will only use such information solely for the purposes of this requirement. 3. Contract shall only possess media and documentation to the extent and for duration necessary to accomplish tasks ordered under this contract. Contractor shall return all media and documentation to the Government when requested or at the conclusion of a particular task. 4. Contractor shall direct all questions concerning safeguarding media and documentation to the COTR. 5. Government/Contractor Furnished Items 5.1 Government Furnished Information/Material The Government will provide documentation and pertinent files as deemed appropriate by the Government. 5.2 Government Furnished Property, Equipment, Facilities, Supplies The Government will not provide equipment or workspace to the contractor for the purpose of completing this requirement. 6. Travel (Other Direct Costs) Travel is not anticipated for this requirement, with the exception of court testimony. The Contractor will otherwise be expected to work from his/her own location. In regard to the anticipated travel for court testimony, OPLA expects the Contractor to pay for the travel and be reimbursed by OPLA consistent with Federal Travel Regulations. If circumstances warrant, Contractor may request travel as an "invitational traveler" via ICE's automated travel management system. All travel reimbursement will be in accordance with the Federal Travel Regulation, 41 Code of Federal Regulation. 7. Place of Performance Contractor will perform at a contractor furnished facility except as otherwise provided per individual TO, e.g. to provide court testimony. Pricing should incorporate all related costs. 8. Points of Contact Contracting Officer Bobby L Crockett Office of Acquisition Management Department of Homeland Security 7701 N Stemmons Freeway, 3rd Floor Dallas, TX 75247 Telephone: (214) 905-5408 Contracting Officer's Technical Representative (COTR) Ms. Sandra Warstler OPLA, Mission Support Department of Homeland Security 7701 N Stemmons Freeway, 8th Floor Dallas, TX 75247 Telephone: (214) 905-8719 10. Personnel Security Requirements 10.1 Contractor requiring access to sensitive information shall undergo a position sensitivity analysis based on the duties each individual will perform on the contract. The results of the position sensitivity analysis shall identify the appropriate background investigation to be conducted. Contractor's failure to pass the background investigation may adversely affect the contractor's ability to perform under this SOW. Background investigations will be processed by the ICE Personnel Security Unit. Prospective Vendor employees with adequate security clearances issued by the Defense Industrial Security Clearance Office (DISCO) may not be required to submit complete security packages, as the clearance issued by DISCO may be accepted. Prospective Contractor employees without adequate security clearances issued by DISCO shall submit the following complete forms to the Personnel Security Unit through the COTR not less than five (5) business days before the starting date of the contract or five (5) business days prior to the expected entry on duty for any employees, whether a replacement, addition, or subcontractor employee, or contractor: 1. Standard Form 85P, "Questionnaire for Public Trust Positions". Form will be submitted via e-QIP (electronic questionnaires for Investigation Processing) (2 Copies) 2. FD Form 258, "fingerprint Card" (2 Copies) 3. Foreign National Relatives or Associates Statement 4. DHS 11000-9, "Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act" 5. Optional Form 306 Declaration for Federal Employment (applies to contractors as well) 6. Authorization for Release of Medical Information Required forms will be provided by DHS at the time of award of the contract. Only complete packages will be accepted by the OPR-PSU. Specific instructions on submission of packages will be provided upon award of the contract. The Contractor must possess U.S. citizenship or be a Permanent Resident Alien. The use of Non-U.S. citizens, including Lawful Permanent Residents (LPRs), may be permitted in the performance of this contract on a case-by-case basis; however they will not be permitted to perform any position that involves access to, development of, or maintenance to any DHS IT system. Be advised that unless an applicant requiring access to sensitive information has resided in the U.S. for three (3) of the past five (5) years, the Government may not be able to complete a satisfactory background investigation. In such cases, DHS retains the right to deem an applicant an ineligible due to insufficient background information. CLAUSES AND PROVISIONS: The following provisions and clauses apply to this acquisition: Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with its offer, as required. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (Feb 98) This contract incorporates one or more clauses by reference with the same force and effect as if they were given in their full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address; http://www.arnet.gov/far. 52.204-7 Central Contractor Registration (Jul 2006) 52.212-3 Offeror Representations and Certification-Commercial Items (ORCA) (FEB 2009) 52.212-4 Contract Terms and Conditions-Commercial Item (Feb 2007) 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders --Commercial Items (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: 52.219-6, Notice of Total Small Business Set-Aside (June 2003) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) 52.222-3, Convict Labor (June 2003) (E.O. 11755). 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126). 52.222-21, Prohibition of Segregated Facilities (Feb 1999). 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). 52.222-50, Combating Trafficking in Persons (Aug 2007) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (e)(1)(i) through (xi) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (iv) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). (v) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (vi) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (vii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (viii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50. (ix) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (x) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) CLAUSES INCORPORATED IN FULL TEXT 52.216-18 Ordering. As prescribed in 16.506(a), insert the following clause: ORDERING (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from July 1, 2010 through June 30, 2015. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (End of clause) 52.216-19 Order Limitations. As prescribed in 16.506(b), insert a clause substantially the same as follows: ORDER LIMITATIONS (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor- (1) Any order for a single item in excess of $340,000.00; (2) Any order for a combination of items in excess of $600,000.00; or (3) A series of orders from the same ordering office within 90 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause) 52.216-22 Indefinite Quantity. As prescribed in 16.506(e), insert the following clause: INDEFINITE QUANTITY (OCT 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after June 30, 2015. (End of clause) 52.217-5 -- Evaluation of Options (Jul 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). (End of Provision) 52.217-8 -- Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor at least 15 calendar days prior to the date the contract expires. (End of Clause) 52.217-9 -- Option to Extend the Term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor at least 15 calendar days before the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months. (End of Clause) 52.227-17 Rights in Data-Special Works. As prescribed in 27.409(e), insert the following clause: RIGHTS IN DATA-SPECIAL WORKS (DEC 2007) (a) Definitions. As used in this clause- "Data" means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information. "Unlimited rights" means the rights of the Government to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so. (b) Allocation of Rights. (1) The Government shall have- (i) Unlimited rights in all data delivered under this contract, and in all data first produced in the performance of this contract, except as provided in paragraph (c) of this clause. (ii) The right to limit assertion of copyright in data first produced in the performance of this contract, and to obtain assignment of copyright in that data, in accordance with paragraph (c)(1) of this clause. (iii) The right to limit the release and use of certain data in accordance with paragraph (d) of this clause. (2) The Contractor shall have, to the extent permission is granted in accordance with paragraph (c)(1) of this clause, the right to assert claim to copyright subsisting in data first produced in the performance of this contract. (c) Copyright- (1) Data first produced in the performance of this contract. (i) The Contractor shall not assert or authorize others to assert any claim to copyright subsisting in any data first produced in the performance of this contract without prior written permission of the Contracting Officer. When copyright is asserted, the Contractor shall affix the appropriate copyright notice of 17 U.S.C. 401 or 402 and acknowledgment of Government sponsorship (including contract number) to the data when delivered to the Government, as well as when the data are published or deposited for registration as a published work in the U.S. Copyright Office. The Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license for all delivered data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, by or on behalf of the Government. (ii) If the Government desires to obtain copyright in data first produced in the performance of this contract and permission has not been granted as set forth in paragraph (c)(1)(i) of this clause, the Contracting Officer shall direct the Contractor to assign (with or without registration), or obtain the assignment of, the copyright to the Government or its designated assignee. (2) Data not first produced in the performance of this contract. The Contractor shall not, without prior written permission of the Contracting Officer, incorporate in data delivered under this contract any data not first produced in the performance of this contract and that contain the copyright notice of 17 U.S.C. 401 or 402, unless the Contractor identifies such data and grants to the Government, or acquires on its behalf, a license of the same scope as set forth in paragraph (c)(1) of this clause. (d) Release and use restrictions. Except as otherwise specifically provided for in this contract, the Contractor shall not use, release, reproduce, distribute, or publish any data first produced in the performance of this contract, nor authorize others to do so, without written permission of the Contracting Officer. (e) Indemnity. The Contractor shall indemnify the Government and its officers, agents, and employees acting for the Government against any liability, including costs and expenses, incurred as the result of the violation of trade secrets, copyrights, or right of privacy or publicity, arising out of the creation, delivery, publication, or use of any data furnished under this contract; or any libelous or other unlawful matter contained in such data. The provisions of this paragraph do not apply unless the Government provides notice to the Contractor as soon as practicable of any claim or suit, affords the Contractor an opportunity under applicable laws, rules, or regulations to participate in the defense of the claim or suit, and obtains the Contractor's consent to the settlement of any claim or suit other than as required by final decree of a court of competent jurisdiction; and these provisions do not apply to material furnished to the Contractor by the Government and incorporated in data to which this clause applies. (End of clause) 3052.242-72 Contracting officer's technical representative. As prescribed in (HSAR) 48 CFR 3042.7000, insert the following clause: CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (DEC 2003) (a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Technical Representative (COTR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract. (b) The Contracting Officer cannot authorize the COTR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the Contracting Officer. (End of clause) 3052.215-70 Key personnel or facilities. As prescribed in (HSAR) 48 CFR 3015.204-3, insert the following clause: KEY PERSONNEL OR FACILITIES (DEC 2003) (a) The personnel or facilities specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel or facilities, as appropriate. (b) Before removing or replacing any of the specified individuals or facilities, the Contractor shall notify the Contracting Officer, in writing, before the change becomes effective. The Contractor shall submit sufficient information to support the proposed action and to enable the Contracting Officer to evaluate the potential impact of the change on this contract. The Contractor shall not remove or replace personnel or facilities until the Contracting Officer approves the change. The Key Personnel or Facilities under this Contract: (specify key personnel or facilities) (End of clause) PAST PERFORMANCE QUESTIONNAIRE FAX or email completed questionnaire to: Bobby Crockett, Phone: 214-905-5408 FAX 214-905-5568 Email: bobby.crockett@dhs.gov Offeror: _______________________________________________________________ Responding Agency: __________________________________________________________ Point of Contact /Phone Number:___________________________________________________ Contract Value: __________________________________________________________ Contract Period: __________________________________________________________ Contract Description: 1. Did the offeror perform required tasks in a timely manner? 2. Did the offeror perform the required tasks in a professional manner? 3. Did the offeror display initiative in meeting requirements and solving problems? 4. Did the offeror respond positively and promptly to requirement changes, etc.? 5. Were there any performance problems? If so, describe them and the resulting actions/responses. 6. Would you award another contract to the offeror? Additional comments:
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Place of Performance: Address: See Statement Of Work., Washington, District of Columbia, 20536, United States; Zip Code: 20536
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