MOD | R | Consultant/Facilitation/Research/Analysis Services - Amendment 1

FBO DAILY ISSUE OF APRIL 07, 2012 FBO #3787
MODIFICATION

R -- Consultant/Facilitation/Research/Analysis Services - Amendment 1

Notice Date: 4/5/2012
Notice Type: Modification/Amendment
NAICS: 541720 — Research and Development in the Social Sciences and Humanities
Contracting Office: Department of Justice, Bureau of Alcohol, Tobacco and Firearms (ATF), Administrative Programs Division (APD), 99 New York Avenue, NE, 3rd Floor - Acquisitions, Washington, District of Columbia, 20226
ZIP Code: 20226
Solicitation Number: DJA12RFP0020
Archive Date: 5/9/2012
Point of Contact: Frankie Murphy, Phone: 202-648-7598
E-Mail Address: frankie.murphy@atf.gov
(frankie.murphy@atf.gov)
Small Business Set-Aside: N/A
Description: Revised Statement of Work The purpose of this Amendment is to provide the Revised Statement of work; which was corrected to reflect appropriate Delivery Schedule. i) 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. (ii) Request for Proposal (RFP) number DJA12RFP0020 is assigned to this requirement and is issued as an RFP. (iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-57. (iv) The North American Industry Classification System (NAICS) code is 541720 and the business size standard is $7.0 Million (Offerors must have soliciting NAICS Code listed in Central Contractor Registration (CCR) and ORCA prior to proposal submission. If not, proposal will not be considered). The Small Business Competitiveness Demonstration Program is not applicable. (v) See Attachment A - Supplies or Services and Prices/Costs for CLIN structure. (vi) The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) intends to award a Firm Fixed-Price contract for consultant services inclusive of a range of responsibilities relating to conducting research and analysis of events pertaining to the 1993 raid on the Branch Davidian Compound; resulting in a case study and leadership lessons-learned lesson plan (as described in the attached Statement of Work (SOW); Attachment C). (vii) Place of Delivery (see delivery schedule in attached Statement of Work). Delivery is FOB Destination. The period of performance for the contract shall be nine (9) months after award. The estimated award date is May 31, 2012. (viii) The following FAR clauses and provisions apply to this solicitation: 52.202-1, Definitions; 52.203-3, Graututies; 52.203-7, Anti-Kickback Procedures; 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions; 52.203-12, Limitation on Payments to Influence Certain Federal Transactions; 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards; 52.222-40, Notification of Employee Rights under the National Labor Relations Act; 52.223-18, Contractor Policy to Ban Text Messaging While Driving; 52.225-25, Prohibition on Engaging in Sanctioned Activities Relating to Iran - Certification; 52.233-4, Applicable Law for Breach of Contract claim; 52.237-3, Continuity of Services and; 52.247-34, FOB Destination. Offerors may obtain full text versions of these clauses electronically at http://farsite.hill.af.mil/. Additionally, the following Bureau of Alcohol, Tobacco, Firearms and Explosives Acquisition Regulation Clause(s) will be incorporated in full text in the resulting contract: ATF 14, Electronic Invoicing; ATF 16, Quarterly Contractor Accounts Payable Liability Inquiries; ATF 17, Notice to the Government of Delays; ATF 19, Authority to obligate the Government, ATF 22, Confidentiality of Information and Disclosure, ATF 25, Observance of Legal Holidays/Federal Non-work Days and ATF 31, Key Personnel. The provision at FAR 52.212-1, Instructions to Offerors-Commercial Items applies to this acquisition. Parties responding to this solicitation who believe they can provide the services required of the case study and leadership lessons-learned lesson plan described herein may submit their proposal in accordance with their standard commercial practices (e.g., on company letterhead, formal quote form, etc.) but must include the following information: 1) company's complete mailing and remittance addresses; 2) discounts for prompt payment if applicable; 3) Dun & Bradstreet number; 4) copy of Central Contractor Registration; 5) copy of Representations and Certifications from ORCA (https://www.bpn.gov/orca); 6) pricing in accordance with the CLINs specified herein (see Attachment A - Supplies or Services and Prices/Costs); and 7) technical reponse addressing capability to provide the required service in accordance with the requirements herein and past performance, including no less than three (3) references. To aid in the evaluation process, proposals shall be clearly and concisely written as well as neat, indexed and cross indexed, and logically assembled. Format requirements and page limitations are established to facilitate ease of evaluation and to assist in determining whether Offerors are able to concisely communicate a clear understanding of the requirement and their proposed approach and capabilities. Prospective Offerors are asked to bear in mind that all material submitted should be directly pertinent to the requirements of this solicitation and that extraneous promotional material or brochures shall not be submitted, nor will be evaluated. All pages of each volume shall be appropriately numbered (i.e., "Page 1 of 10," etc.), and identified with the name of the Offeror, the date, and the solicitation number. Offerors shall furnish the proposal in two separate volumes as follows: VOLUME 1 - TECHNICAL: The Offeror's technical submission should demonstrate the firm's capability to perform the requirements outlined in the RFP. Offerors shall provide a technical proposal that addresses the following four (4) evaluation factors: (1) Experience - The contractor must have; • at least 8 years of experience working in research and public policy with law enforcement communities; • direct and lead experience in researching and designing a case study and lessons learned report of a multi-jurisdictional, law enforcement investigation/incident; • demonstrated experience conducting studies and assessments of highly sensitive and confrontational law enforcement situations; • demonstrated experience in producing documents that have been used by law enforcement administrators to modify agency practices. • demonstrated experience facilitating meetings with law enforcement personnel and government, executive level (Senior Executive Service) personnel. • demonstrated experience conducting course design workshops with subject matter experts, resulting in the design of a course lesson plan consisting of case studies and interactive exercises. (2) Past Performance - Past performance may cite federal, state, local government, commercial sources, or not for profit sources, and should highlight the company's key role in the past performance being documented. This information shall consist of a one (1) page introductory matrix listing the offerors' and its critical subcontractors' past performance references. The offeror shall provide a minimum of three (3) references. In addition, the offeror may submit a minimum of three (3) references for subcontractors who are expected to perform aspects of this effort that the offeror considers critical to overall successful performance. The offeror should include rationale supporting the assertion of relevance for each reference. These references should also be from different contracts. To be considered, past performance data may not be older than three (3) years (normally 3, but could vary based on the industry) from the date of the proposal, and may include active contracts; if over one year old. Further, offerors should include a list of all relevant ATF on-going contracts or contracts completed for the specified period. Past performance references shall be as a prime contractor or first-tier subcontractor on previous or current projects/tasks that are similar in size, scope, and complexity to the work identified in the SOW. Past performance does not necessarily have to be Government-related; but it is important to demonstrate and provide evidence of past performance for work similar in size, scope and complexity to that described in the RFP. The offeror is required to clearly demonstrate management actions implemented to overcome problems and the effects of those actions, in terms of improvements achieved or problems solved. Offerors shall forward the attached Past Performance Questionnaire (Attachment D), to offeror's references. The references shall forward their completed questionnaires to the Contracting Officer, NOT BACK TO THE OFFEROR. The questionnaires shall be delivered via email directly from the offeror's references to Frankie.Murphy@atf.gov or faxed to (202)648-9654. The Government reserves the right to use publicly available reports and data from the Contractor Performance System (CPS), Past Performance Information Retrieval System (PPIRS) found on the web at http://www.PPIRS. The Government may also use present and/or past performance data obtained from a variety of sources, not just those contracts identified by offerors. For each reference, provide: a. Reference Name (Company or Entity) b. Program Title c. Contracting Agency/Private Company d. Contract Number/Task Order Number (if applicable) e. Brief description of the contract effort, including results and successes f. Type of Contract g. Period of Performance h. Original contract dollar value and current or actual dollar value i. Actual completion date j. Contact names, addresses, telephone numbers, Fax numbers and e-mail addresses of current, or last (if contract completed) Program Director/Manager and/or Contract Manager. (3) Technical/Management Approach - The Offeror must define a technical and management approach that demonstrates a clear understanding of the SOW and its requirements. The Offeror's technical/management approach should include the following: 1) discussion of the background, objectives, and work requirements of the SOW; 2) discussion of proposed methods and techniques for completing and managing each task in a timely manner; 3) discussion which supports how each task will be managed by the Offeror's perspective; 4) discussion of any anticipated major difficulties and problem areas, along with potential recommended approaches for their resolution; 5) discussion of major logistical considerations and; 6) The Offeror's labor mix required to conduct the tasks and produce any deliverables must be identified. (4) Key Personnel (Project Manager, Researcher, Curriculum Developer & Facilitator) - The Offeror must ensure the proposed personnel skill levels, area of expertise, education, capability, availability and experience are adequate to perform the work required by the SOW. Therefore, a resume is required. - Resume shall be submitted with quotation for proposed Project Manager. Resume shall include a description of the experience and capability of proposed personnel. Descriptions shall address such items as the individual's background, education, work experience and accomplishments; showing the knowledge that the individual has gained through completed and ongoing efforts that are similar in nature to this effort. Resume should not be longer than two (2) pages. Page Limitation: The technical proposal submission shall be limited to eight (8) one-sided pages, excluding the resume(s), past performance reference information and any cover letter/title pages. OFFERORS ARE CAUTIONED THAT THE GOVERNMENT WILL ONLY EVALUATE THE FIRST EIGHT (8) PAGES OF ANY TECHNICAL PROPOSAL THAT EXCEEDS THE PAGE LIMITATION. Please do not attach any additional information as an Appendix. Proposal shall be prepared in Times New Roman font, 12-point font, single line spacing, 1-inch margins, and 8-1/2 x 11 inch paper. Tables, figures and graphs may use Arial, 10 point font, single-spaced. In order for the technical proposal to be evaluated strictly on the merit of the material submitted, NO COST/PRICE INFORMATION IS TO BE INCLUDED IN VOLUME I. The evaluation and award procedures in FAR 15.305 will be applied to this acquisition. The information submitted as Volume I will be evaluated on the information presented; therefore, organization, clarity, accuracy of information, relevance, and completeness are of prime importance. VOLUME II - COST/PRICE (non rated) Volume II shall consist of complete breakdown of proposed price; with files formatted in Microsoft Office. In addition to completing and returning the attached price schedule, the offeror must also provide a complete price breakdown of the quotation, which explains the development of the proposed costs (including labor categories, number of hours, corresponding fully loaded labor rates and any other direct costs). The proposed labor skill mix associated with the proposed labor rates will be analyzed to determine if the prices proposed are reasonable, for the type of work proposed. There is no page limit on price volume. Pricing spreadsheets that are submitted in a very small font size and are not reasonably legible may be considered as unacceptable and grounds for exclusion from further consideration. (ix) 52.212-2, Evaluation-Commercial Items (Jan 1999) (a) The Government will award a Firm Fixed Price/Cost Reimbursable (travel) 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 (listed in descending order or relative importance) shall be used to evaluate offers: (1) Experience - The degree to which to Offeror's experience demonstrates a thorough working knowledge of successfully providing the required course design, development, instruction and assessment. (2) Past Performance - The offerors' proposal will be evaluated to determine the extent to which their performance demonstrates the likelihood of successful performance in providing requirements similar in size, scope and complexity of this solicitation. The Government may choose to evaluate publicly available reports, and/or data from the PPIRS. The Government may use present and/or past performance data obtained from a variety of sources, not just those contracts identified by offeror. The information gathered for past performance may also be used in the responsibility determination. (3) Technical/Management Approach - The degree to which the Offeror effectively demonstrates a knowledge, understanding, technical ability to successfully perform and manage the requirements of the SOW in an efficient and timely manner; as the proposed period of performance contained in the offeror's proposal will be evaluated for realism and achievability. Additionally, the appropriateness, soundness and reasonableness of the Offeror's problem resolution, logistic considerations, corporate commitment to achieve the overall project objectives and methodology for providing resource support will be assessed. (4) Key Personnel - The degree to which the Offeror's proposed key personnel's (Project Manager, Researcher, Curriculum Developer and Facilitator) resume demonstrates the individual's ability to execute SOW requirements on the basis of strength of relevant education and training, depth and breadth of relevant experience. (5) Price - (non-rated) - Price will be evaluated in accordance with FAR 15.404-1(b), Price analysis commercial and non-commercial items. Factors 1-4 are referred to as technical factors. Factors 1-4 are in descending order of relative importance (Factor 1 is more important than 2, Factor 2 is more important than 3 and Factor 3 is more important than 4). Factors 1-4 (when combined) are significantly more important than Factor 4, Price, which is not rated. As the technical proposals approach equality, price will become more important in making the award determination. In the event that two or more proposals are determined not to have any substantial technical differences (i.e. are technically equivalent), the Government will make an assessment through a trade-off analysis and other analytic means that involve the evaluation of superior technical capability versus the added cost. Based on Best Value, award may be made to the lower priced quotation. It should be noted that award may be made to other than the lowest priced quotation if the Government determines that a price premium is warranted due to technical merit. The Government may also award to other than the highest technically rated quotation, if the Government determines that a price premium is not warranted. Award may also be made on the basis of initial quotations without discussions (although the right to conduct discussions, if necessary, is reserved). Offerors are therefore cautioned that each initial quotation should contain the Offeror's best terms. (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). NOT APPLICABLE TO THIS REQUIREMENT (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. (x) 52.212-3, Offeror Representations and Certifications-Commercial Items (Mar 2012). Offerors shall provide representations and certifications (FAR 52.212-3) electronically via the BPN website (www.bpn.gov/orca). A copy of the on-line representations and certifications submission shall be included in the offeror's response. (xi) 52.212-4, Contract Terms and Conditions-Commercial Items (Mar 2012), applies to this acquisition. (xii) 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Mar 2012), applies to this acquisition. In addition, the following clauses are also incorporated by reference to implement provisions of law or executive orders applicable to acquisitions of 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: (1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (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: [Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). __ (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note). __ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jan 2012) (41 U.S.C. 2313). __ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). __ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (11) [Reserved] __ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). __ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011). __ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. __ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). __ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Jul 2010) of 52.219-9. __ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). __ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). __ (18) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). __ (ii) Alternate I (June 2003) of 52.219-23. __ (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (21) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). __ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). __ (24) 52.219-29 Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business Concerns (Nov 2011). __ (25) 52.219-30 Notice of Set-Aside for Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Nov 2011). _X_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). _X_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X_ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). _X_ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). _X_ (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). __ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). __ (34) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). __ (ii) Alternate I (DEC 2007) of 52.223-16. __ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). __ (39) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). __ (40)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (Mar 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, and Pub. L. 112-41). __ (ii) Alternate I (Mar 2012) of 52.225-3. __ (iii) Alternate II (Mar 2012) of 52.225-3. __ (iv) Alternate III (Mar 2012) of 52.225-3. __ (41) 52.225-5, Trade Agreements (MAR 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (42) 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). __ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). __ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X_ (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). __ (48) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). __ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). __ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (51)(i) 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). __ (ii) Alternate I (Apr 2003) of 52.247-64. (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: [Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 351, et seq.). __ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). __ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). __ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (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 this paragraph (e)(1) 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 (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 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.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (JAN 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 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) 52.209-5, Certification Regarding Responsibility Matters (Apr 2010) (a)(1) The Offeror certifies, to the best of its knowledge and belief, that- (i) The Offeror and/or any of its Principals- (A) Are o are not o presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have o have not o, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation); (C) Are o are not o presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; (D) Have o, have not o, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (1) Federal taxes are considered delinquent if both of the following criteria apply: (i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (ii) The Offeror has o has not o, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code. (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. (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. 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 within the current period of performance. (End of clause) 52.219-1 Small Business Program Representations (Apr 2011) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541720. (2) The small business size standard is $7.0Million. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b) Representations. (1) The offeror represents as part of its offer that it o is, o is not a small business concern. (2) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, for general statistical purposes, that it o is, o is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (3) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it o is, o is not a women-owned small business concern. (4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (b)(3) of this provision.] The offeror represents as part of its offer that- (i) It o is, o is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It o is, o is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (b)(4)(i) of this provision is accurate in reference to the WOSB concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern or concerns that are participating in the joint venture: __________.] Each WOSB concern participating in the joint venture shall submit a separate signed copy of the WOSB representation. (5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (b)(4) of this provision.] The offeror represents as part of its offer that- (i) It o is, o is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It o is, o is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (b)(5)(i) of this provision is accurate in reference to the EDWOSB concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern or concerns that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. (6) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it o is, o is not a veteran-owned small business concern. (7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(6) of this provision.] The offeror represents as part of its offer that it o is, o is not a service-disabled veteran-owned small business concern. (8) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, as part of its offer, that- (i) It o is, o is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It o is, o is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (b)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (c) Definitions. As used in this provision- "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program. "Service-disabled veteran-owned small business concern"- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) "Service-disabled veteran" means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision. "Veteran-owned small business concern" means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned small business concern" means a small business concern- (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished. (2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall- (i) Be punished by imposition of fine, imprisonment, or both; (ii) Be subject to administrative remedies, including suspension and debarment; and (iii) Be ineligible for participation in programs conducted under the authority of the Act. (End of provision) 52.233-2, Service of Protest (Sep 2006): (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, Logistics and Acquisition Branch, 99 New York Avenue, N.E., Washington, DC 20226 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of Provision) 52.252-2, Clauses Incorporated By Reference (Feb 1998). This contract 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 clause may be accessed electronically at this address: http://www.arnet.gov/far. (xiii) The following Bureau of Alcohol, Tobacco, Firearms and Explosives Acquisition Regulation Clause(s)/Provision(s) are also incorporated: ATF-04 Background Investigation as follows: Representation Regarding Felony Conviction Under Any Federal law or Unpaid Delinquent Tax Liability (Deviation 2012-02) (January 2012) (a) In accordance with sections 543 and 544 of Title V, Division B of the Further Continuing Appropriations Act, 2012 (Pub. L. 112-55), none of the funds made available by that Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with a corporation - (1) Convicted of a felony criminal violation of any Federal law within the preceding 24 months, unless an agency has considered suspension and debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or (2) With any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, unless an agency has considered suspension and disbarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (b) The offeror represents that, as of the date of this offer - (1) The offeror is ( ) is not ( ) a corporation convicted of a felony criminal violation under any Federal law within the preceding 24 months; and (2) The offeror is ( ) is not ( ) a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (End of Provision) (xiv) Defense Priorities and Allocations System (DPAS) are not applicable. (xv) All questions concerning this RFP shall be submitted in writing (via email) to Frankie M. Murphy at Frankie.murphy@atf.gov, no later than 10:00 a.m. local time (Eastern) April 12, 2012. Questions will not be answered orally. Questions submitted after the specified time/date may not be addressed. (xvi) The due date and time for proposals (technical proposal shall not to exceed 8 pages) is April 24, 2012, at 10:00 a.m. local time (Eastern). Each Offeror is required to submit their proposal electronically. The electronic version shall be submitted to the Contracting Officer at Frankie.Murphy@atf.gov. No hand-carried or mailed proposals will be accepted. Late proposals will not be accepted. To be considered timely, the electronic copy of your proposal must be received by the Government on time. The Government will notify you of receipt of electronic copies by reply e-mail.
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