MODIFICATION
U -- RFQ 0279128 INSTRUCTOR
- Notice Date
- 5/3/2007
- Notice Type
- Modification
- NAICS
- 611692
— Automobile Driving Schools
- Contracting Office
- Department of Justice, Federal Bureau of Investigation, Engineering Contracts Unit - PPMS, FBI Engineering Research Facility, FBI Academy Hogan's Alley, Building 15, Quantico, VA, 22135, UNITED STATES
- ZIP Code
- 22135
- Solicitation Number
- RFQ0279128
- Response Due
- 5/17/2007
- Archive Date
- 6/1/2007
- Point of Contact
- Margaret Einspahr, Contracting Officer, Phone 703-632-1842, Fax 703-632-1844,
- E-Mail Address
-
meinspahr@fbiacademy.edu
- Small Business Set-Aside
- Total Small Business
- Description
- Amendment: 52.212-1 Instruction to Offerors Commercial Items (Sept 2006) Add: (b) Past Performance: The Offeror shall provide a list of three, similar contracts or subcontracts held within the last five years which are of a similar scope, magnitude and complexity to that which is detailed in this solicitation. The Offeror shall include Point of Contact telephone numbers, and e-mail addresses where available. NOTE: Clauses incorporated into the contract in full text are provided below. It is the Offerors responsibility to read the clauses incorporated and follow any instructions listed therein. Clauses Incorporated in Full Text: Polygraph: The successful completion of a polygraph examination may be a requirement of the security clearance and/or access processing of a contractor candidate, in order for the contractor candidate to gain or continue access to FBI facilities and/or information.(End of Clause) Consent for Warrantless Searches of Department of Justice Workplace: All cleared personnel accessing information within FBI controlled space are required to execute an FBI Form 1001 Consent for Warrantless Searches of Department of Justice (DOJ) Workplaces as a condition of working at FBI facilities. The Director, FBI, implemented the Attorney Generals policy subjecting employees to Warrantless physical searches of their offices or immediate workplace within DOJ premises when authorized by the Attorney General (AG) or the Deputy Attorney General (DAG) based upon a determination that: (1)Information the Department deems credible indicates that the employee is, or may be, disclosing classified information in an unauthorized manner; (2)Information the Department deems credible indicates that the employee has incurred excessive indebtedness or has acquired a level of affluence that can not be reasonably explained by other information; (3) Information the Department deems credible indicates that the employee had the capability and opportunity to disclose classified information that is believed to have been lost or compromised to a foreign power or an agent of a foreign country; or (4) Information the Department deems credible indicates that the employee has repeatedly or significantly mishandled or improperly stored classified information. The search may extend to the entire office or workplace and anything within it that might hold classified information, including locked containers (such as briefcases) and electronic storage media (such as a computer disk and handheld computers), whether owned by the government, by the employee, or by a third party. The search may be conducted by appropriate FBI personnel and/or law enforcement officers, on an announced or unannounced basis, during the workday or after hours. If discovered during a search, evidence of misconduct, whether related to storage or classified information, storage of sensitive but unclassified information, or a crime will be collected and reported to appropriate authorities. Contractor personnel who will meet the above criteria will be required to sign Form FD 1001 Consent for Warrantless Searches of Department of Justice (DOJ) Workplaces upon award and forward the executed form(s) to the assigned Contracting Officers Technical representative designated in the solicitation if this is a formal solicitation. All forms will be retained by the FBI during the period the individual is providing services and two years after that individuals departure before final disposition is taken.(End of Clause) Clauses for Contracts Involving Access to Classified Information: Notwithstanding the provisions of Section 3 of the NISPOM, the Government intends to secure services or equipment from firms which are not under foreign ownership, control or influence (FOCI) or where any FOCI, in the opinion of the Government, adversely impacts on security requirements. The Government reserves the right to contract with such offerors under appropriate arrangements, when it determines that such contract will be in the best interest of the Government. Accordingly, all Offerors responding to this Request for Quote (RFQ) or initiating performance of a contract are required to submit a certificate pertaining to Foreign Interest (SF 328) or update a previously submitted SF 328, and a Key Management Personnel List (KMPL) with their proposal. All SF 328s and KMPLs shall be executed at the parent and subsidiary levels of an organization. Offerors are also required to request, collect, and forward to the Government the SF 328 from all subcontractors undertaking classified work under the Offeror?s direction and control. Offerors are responsible for the thoroughness and completeness of each subcontractor?s SF 328 submission. SF 328 entries should specify, where necessary, the identity, nature, degree and impact of the FOCI on their organization or activities, or the organization or activities of a subcontractor. Additionally, a KMPL must be submitted with each SF 328 that identifies senior management by name, position, social security number, date/place of birth, and citizenship status. The Offeror shall, in any case in which it believes that foreign influence exists or is being sought over its affairs, or the affairs of any subcontractor, promptly notify the Contracting Officers Security Representative of all pertinent facts, even if such influence is not exerted to the degree specified in the NISPOM. The Offeror shall provide an updated SF 238 and KMPL no later than five years from the date as certified on the last submitted SF 328. The Selected Offeror shall also promptly disclose to the Contracting Officers Security Representative any information pertaining to any interest of a FOCI nature in the Selected Offeror or subcontractor that has developed at any time during the Selected Offerors duration or has subsequently come to the Selected Offerors attention. An updated SF 328 is required of the Selected Offeror or any subcontractor whenever there is a change to any of the ten (10) questions on the SF 328. The Offeror is responsible for initiating the submission of the SF 328 and KMPL for all subcontractors undertaking classified work during the entire period of performance of the contract. Failure to comply shall be cause for default under the Default Clause of this contract. Offerors shall complete the Certificate Pertaining to Foreign Interests (SF 328) and KMPL for the prime contractor and all proposed subcontractors. Submission should include identification of the RFQ number, name of the assigned Contracting Officer, and certification of the accuracy of the provided information by an Executive Management Official of the company. Provision of false information shall be cause for default under the Default Clause of this contract. The Government reserves the right to prohibit individuals who are not United States citizens from all or certain aspects of the work to be performed under this contract. Foreign Ownership, Control of Influence (FOCI) For purposes of this clause, a United States company is considered under FOCI whenever a foreign interest has the power, direct or indirect, and whether or not exercisable through the ownership of the United Stats companys securities, by contractual arrangements or other means, to direct or decide matters affecting the management or operations of that company. Changed conditions, such as change in ownership, indebtedness, or the foreign intelligence threat, may justify certain adjustments to the security terms under which a company is operating, or alternatively, that different FOCI mitigation measures be employed. If a changed condition is of sufficient significance, it might also result in a determination that a company is no longer considered to be under FOCI. There is a continuing obligation of the Selected Offeror to advise the Government of such changed conditions. Failure to abide by this obligation shall be cause for default under the Default Clause of this contract. Factors The following factors will be used as the basis for making a FOCI determination. If the Offeror, or its proposed subcontractors, meet any of the following factors, they must identify themselves as a potential FOCI company and submit themselves to a Government FOCI evaluation and risk assessment. (1) Ownership or beneficial ownership, direct or indirect, of five (5) percent or more of the company?s voting securities by a foreign person. (2) Ownership or beneficial ownership, direct or indirect, of twenty five (25) percent or more of any class of the Offerors company?s nonvoting securities by a foreign person. (3) Management positions, such as directors, officers or executive personnel of the Offerors company held by non-U.S. citizens. (4) Foreign person power, direct or indirect, to control the election, appointment, or tenure of directors, officers or executive personnel of the Offerors company or other decisions or activities of the Offerors company. (5) Contracts, agreements, understandings or arrangements between the Offerors company and a foreign person. (6) Loan arrangements between the Offerors company and a foreign person if the Offerors companys (the borrower) overall debt to equity ration is 40:60 or greater; or financial obligations that are subject to the ability of a foreign person to demand repayment. (7) Annual total revenues or net income in excess of five (5) percent from a single foreign person or in excess of thirty (30) percent from foreign persons in the aggregate. (8) Ten (10) percent or more of any class of the Offerors voting securities held in nominee shares, in street names, or in some other method that does not disclose the beneficial ownership of equitable title. (9) Interlocking directors with foreign persons and any officer or management official of the Offerors company who is also employed by a foreign person. (10) Any other factor that indicates or demonstrates a capability on the part of foreign persons to control or influence the operations or management of the Offerors company. (11) Ownership of ten (10) percent or more of any foreign interest. Every effort must be made to ensure that supplies are provided and integrated and services are performed using sound security components, practices, and procedures. Acquisition of supplies or services from concerns under Foreign Ownership, Control or Influent (FOCI) or of supplies developed, manufactured, maintained or modified by concerns under FOCI (any or all of which shall be referred to herein as Use of FOCI source) is of serious concern and must be approved prior to contract award and evaluation during contract performance. Approval decisions will be made on a case-by-case basis after the source or technology has been identified by the Offeror and subjected to a risk assessment. Any Offeror responding to this Request for Quote (RFQ) acknowledges the Governments requirements to secure services or equipment from firms which are not under Foreign Ownership, Control or Influence (FOCI), or where any FOCI, in the opinion of the Government, adversely impacts on National Security or security requirements. The Offeror understands and agrees that the Government retains the right to reject any response to this RFQ made by the Offeror without any further recourse by or explanation to the Offeror, if the FOCI for that Offeror is determined by the Government to be an unacceptable security risk. The risk assessment process will vary depending on the acquisition type and proposed use of the FOCI source, available risk mitigation measures and the information/justification provided by the Offeror. Risk assessment will be on a case-by-case basis and will be used to determine whether the use of a FOCI source poses an unacceptable security risk. If an unacceptable security risk is determined, the Government retains the right to reject the use of a FOCI source or to require that certain risk mitigation measures by taken by the contractor. Similarly, the Government retains the unilateral right to approve the use of a FOCI source when the risk management indicates that such use would be in the Governments best interest. If the use of a FOCI source is not approved, no such classified information will be disclosed to the Offeror as part of the Governments rationale for non-approval. The Offeror (prime and subs) may not seek reimbursement from the Government for any costs associated with responding to this RFQ as a result of a FOCI non-approval decision. (End of Clause) Amendment to Clause-SF 328 Submissions: The Offerors SF 328 should be dated at the time of quotation submission or within a one-year period from the date of the quotation. If the SF 328 is not current within a one-year period, confirmation of the accuracy of the information provided on the previously submitted SF 328 is required. This confirmation must be provided on the Offerors stationary and acknowledged by an individual authorized to execute the SF 328. If through another procurement request, the Offeror has provided the FBI with a completed SF 328, the Offeror can provide a statement to that affect. The statement must include the date of the SF 328 and identification of the procurement for which the SF 328 was submitted and confirmation of the accuracy of the information provided on the previously submitted SF 328. This confirmation must be provided on the Offerors stationary and acknowledged by an individual authorized to execute the SF 328. (End of Clause)Contracting Officers Security Representative: Ms. JoAnn Saunders, (202) 220-9230. (End of Clause) Form SF 328 may be found at www.gsa.gov, Forms Library, Standard Forms, Form Numbers 1-1000, form 328. Quotations are due May 17, 2007, at 2:00 pm DST, to the Quantico Contracts Unit, Attn.: Margaret Einspahr, at fax number (703) 632-6103, or electronically to meinspahr@fbiacademy.edu. Only quotations submitted as fax or e-mail as listed above will be accepted. All responsible Offerors may submit a quotation, which, if timely received, shall be considered by this agency. NOTE: THIS NOTICE WAS NOT POSTED TO FEDBIZOPPS ON THE DATE INDICATED IN THE NOTICE ITSELF (03-MAY-2007); HOWEVER, IT DID APPEAR IN THE FEDBIZOPPS FTP FEED ON THIS DATE. PLEASE CONTACT fbo.support@gsa.gov REGARDING THIS ISSUE.
- Web Link
-
Link to FedBizOpps document.
(http://www.fbo.gov/spg/DOJ/FBI/ECU15/RFQ0279128/listing.html)
- Place of Performance
- Address: Quantico, VA
- Zip Code: 22135
- Country: UNITED STATES
- Record
- SN01287506-F 20070505/070503224427 (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
(may not be valid after Archive Date)
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