SOLICITATION NOTICE
U -- Manager Training Services - Combine Synopsis Solicitation SOW
- Notice Date
- 4/20/2012
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 611310
— Colleges, Universities, and Professional Schools
- Contracting Office
- Department of Commerce, Office of the Secretary, Commerce Acquisition Solutions, Office of the Secretary, 14th & Constitution Avenue NW, Room 6521, Washington, District of Columbia, 20230
- ZIP Code
- 20230
- Solicitation Number
- SA130112RQ0045
- Archive Date
- 5/1/2012
- Point of Contact
- Ricky L. Edwards, Phone: 2024823248
- E-Mail Address
-
Redwards2@doc.gov
(Redwards2@doc.gov)
- Small Business Set-Aside
- N/A
- Description
- SOLICITATION NUMBER: SA1301-12-RQ-0045 SOLICITATION CLOSES: 30 Apr 2012 5:30 PM EST Point of contact: Ricky Edwards, redwards2@doc.gov, (email responses preferred), Department of Commerce, Office of Acquisition Management,1401 Constitution Ave. Room 6520, Washington, D.C. 20230, (202)482-3248, fax: (202)482-0456. This is a combined synopsis/solicitation for commercial service prepared in accordance with Federal Acquisition Regulation (FAR) Subpart 12.102 (g) and in the format in Subpart 12.6, as supplemented with additional information included in this notice. "THIS NOTICE CONSTITUTES THE ONLY SOLICITATION"; proposals are being requested and a written solicitation will not be issued. The solicitation number is SA1301-12-RQ-0025. The solicitation is issued as a Request for Quote (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-57 and Defense Acquisition Circular 91-13. The full text of clauses referenced herein may be accessed electronically at http://www.acqnet.gov/far/. The North American Industry Classification Standard (NAICS) code is 611310; Size standard 7.0 Million applies. THIS IS A 100% UNRESTRICTED Request for Quote. 1352.211-70 STATEMENT OF WORK /SPECIFICATIONS, January 2008. The government reserves the right to make one, multiple, or no awards resulting from this solicitation. BACKGROUND: As part of a U.S. Government inter-agency process, through the Commercial Law Development Program (CLDP), and entity of the U.S. Department of Commerce, Office of the General Counsel has provided technical assistance to developing nations to create an enabling environment for increased trade and investment, and private sector development. CLDP manages the program and shares expertise with other USG agencies. CLDP's technical assistance now includes a program to train lawyers working for Ministries or State-Owned Enterprises (SOE). Notes: 1. Place of Performance: Istanbul, Turkey. CLIN 0001: Manager Training Services, (1 LO) - Contractor will perform services in accordance with Statement of Work attached. Desired performance start is (15) calendar days after award. DEPARTMENT OF COMMERCE CLAUSES: INVOICE REQUIREMENTS (a) A proper invoice must include the following items (except for interim payments on cost reimbursement contracts for services): (1) Name and address of the contractor. (2) Invoice date and invoice number. (Contractors should date invoices as close as possible to the date of mailing or transmission.) (3) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number). (4) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed. (5) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading. (6) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment). (7) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice. (8) Taxpayer Identification Number (TIN). The contractor must include its TIN on the invoice. (9) Electronic funds transfer (EFT) banking information. (i) The contractor must include EFT banking information on the invoice only if required by agency procedures. (ii) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the contractor must have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures. (iii) EFT banking information is not required if the Government waived the requirement to pay by EFT. (10) Any other information or documentation required by the contract (e.g., evidence of shipment). (b) Provide signed original invoice and one copy or email one copy to: NIST Accounts Payable Office Bldg 101, Room A-836 MS 1621 100 Bureau Drive Gaithersburg, MD 20899 Telephone: (301) 975-2261 Fax: (301) 975-8283 Email: invoice@nist.gov (c) Inquiries regarding payment of invoices should be telephoned or emailed to NIST, (301) 975-2261, invoice@nist.gov; respectively. (d) If the supplies, services, technical or other reports are rejected for failure to conform to the technical requirements of the Order, or for damage in transit or otherwise, the invoice will be rejected and returned to the Contractor, starting the 30 day period over. (e) Contractor will clearly mark the final invoice with the legend "FINAL INVOICE". 1352.201-70 Contracting Officer's Authority. The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price. (End of clause) 1352.201-72 Contracting Officer's Representative (COR). As prescribed in 48 CFR 1301.670-70, insert the following clause: Contracting Officer's Representative (COR) (APR 2010) (a) Hill, Harry_ is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at: ____________________ ____________________ ____________________ Phone Number: (202)482-3248 E-mail: Hhill@doc.gov (b) The responsibilities and limitations of the COR are as follows: (1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract. (2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor. (End of clause) 1352.209-72 Restrictions against disclosure. As prescribed in 48 CFR 1309.507-2(b), insert the following clause: RESTRICTIONS AGAINST DISCLOSURE (APR 2010) (a) The contractor agrees, in the performance of this contract, to keep the information furnished by the Government or acquired/developed by the contractor in performance of the contract and designated by the Contracting Officer or Contracting Officer's Representative, in the strictest confidence. The contractor also agrees not to publish or otherwise divulge such information, in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the contractor's possession, to those employees needing such information to perform the work described herein, i.e., on a "need to know" basis. The contractor agrees to immediately notify the Contracting Officer in writing in the event that the contractor determines or has reason to suspect a breach of this requirement has occurred. (b) The contractor agrees that it will not disclose any information described in subsection (a) to any person unless prior written approval is obtained from the Contracting Officer. The contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder. (End of clause) 1352.209-73 Compliance with the laws. The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract. (End of clause) 1352.209-74 Organizational conflict of interest. As prescribed in 48 CFR 1309.507-2(d), insert the following clause: ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010) (a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors: (1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and (2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract. (b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both. (c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest. (d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract. (e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms "contract," "contractor," and "Contracting Officer" shall be appropriately modified to preserve the Government's rights. (f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk. (g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof. (End of clause) 1352.233-70 AGENCY PROTESTS (APR 2010) (a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999) (b) Agency protests filed with the Contracting Officer shall be sent to the following address: Darryl Anderson, 1401 Constitution Ave., Room 6520,Washington DC 20230. (c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: Insert appropriate Protest Decision Authority name and Address] (d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. (e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Herbert C. Hoover Building, Room 5893 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230. FAX: (202) 482-5858 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010) (a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed. (b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims. (c) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division, Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230. FAX: (202) 482-5858 1352.246-70 Place of acceptance. As prescribed in 1346.503, insert the following clause: Place of Acceptance (APR 2010) (a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract. (b) The place of acceptance will be: U.S. Department of Commerce Office of General Counsel Room 5875 ATTN: Harry Hill 14th and Constitution Avenue, NW Washington, DC 20230 Phone Number: (202) 482-9017 E-mail: hhill@doc.gov (End of clause) The following FAR/CFAR Clauses/Provisions apply: 52.212-1 Instructions to Offerors-Commercial Items; 52.212-2 Evaluation - Commercial Items with the following paragraph addendum: Offerors are encouraged to submit all questions in writing no later than five (5) days after posting of this solicitation. It is the responsibility of each offeror, prior to proposing, to seek clarification of any ambiguity created by amendment of the solicitation. The offeror shall submit documentation illustrating their approach for satisfying the requirements of this solicitation. Proposals must be clear, coherent, and prepared in sufficient detail for effective evaluation of the offeror's proposal against the evaluation criteria. Proposals must clearly demonstrate how the offeror intends to accomplish the project and must include convincing rationale and substantiation of all claims. Technical: The Proposal shall not merely offer to perform work in accordance with the scope of work, but shall outline the actual work proposed as specifically as practical. The Statement of Work reflects the problems and objective of the program under consideration. Therefore, repeating the Scope of Work without sufficient elaboration will not be acceptable. Proposals shall contain descriptive literature of the materials and the process to be used, including details of the two (2) week residential program. Assessment will include experience with the proposed training. The proposal must project the steps required to develop, demonstrate, and/organize the upcoming requirement. Compliance: Adherence to the qualifications of faculty, facilities, and certifications are mandatory. Proof of all certifications should reflect resumes, degrees, facility locations and staff. All copies of supportive documentation shall remain with the Government and will not be return. Faculty: Provide a statement to explain the overall teaching record and the steps taken to improve the quality of teaching amongst the management and key personnel. Include formal personal pedagogical development. This includes participation in workshops and short courses on pedagogy. Include effectiveness in the development and use of innovative methods in teaching. Past Performance: Assessment of the company and why they are well suited to successfully complete the proposed project including the functions that will be performed, their qualifications and related technical and business experience that match the skills and capabilities to each task. Proposals must include specific contract references and clearly address recent related experience (both Government and non-Government), contracts, subcontracts, and grants. The offeror should include the name of the customer, including contracting agency, address, phone number, email address, contract number, type of contract, dollar value, date of contract, period of performance, place of performance, and a brief description of contract work scope and responsibilities. Note: Relevant Past Performance Questionnaires are to be completed by your references and returned by your references directly to the Contract Specialist (Ricky L. Edwards) on or before the April 30, 2012 at 1:00 PM, EST. Failure to do so may result in rejection of your quotation. Price: Evaluation of price shall be determined by reasonableness. Pricing submitted must reflect the offeror's understanding of the work. Offerors are cautioned that "materially unbalanced" prices and/or unreasonably high or low prices may cause your proposal to be deemed unacceptable and rejected. The offeror's price quotation must be based on the offeror's own technical quotation, the Government's statement of work, and other contractual requirements. Discounts or reductions of the negotiated rates must be clearly identified and are strongly encouraged. See the below Price Matrix as a sample format. All correspondence in conjunction with this solicitation should be directed to the Government Contract Specialist identified below: Contract Specialist Name: Ricky L. Edwards Phone Number: (202) 482-3248 Fax Number: (202) 482-0456 E-mail address: Redwards2@doc.gov EVALUATION OF OFFERS/CONTRACT AWARD: The Department of Commerce will award a contract to the responsible contractor whose offer conforming to this announcement will be most advantageous to the government. The following evaluation factors will be used to evaluate technical offers: (1) Technical Capability: Understanding of the Scope of Work and Soundness of Approach. (25 Points) (2) Compliance Capability: Completeness and Thoroughness in Compliance with All Requirements Documents Elements and with Other Solicitation Requirements. (25 Points) (3) Faculty Capability: Management and Key Personnel. (25 Points) (4) Past Performance: Capability, Responsibility, and Past Performance in Similar Programs. (25 Points). Technical and past performance, when combined, are significantly more important than price. Price shall be considered when the offers are judged as offering technically equivalent capabilities or if a price is so high as to diminish the value of an otherwise superior quotation. 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address (es): http://farsite.hill.af.mil or https://www.acquisition.gov/far/index.html (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/these address (es): http://farsite.hill.af.mil or https://www.acquisition.gov/far/index.html (End of clause) 52.212-3(Alt 1) Offerors Representations and Certifications - Commercial Items; 52.212-4 Contract Terms and Conditions - Commercial Items; 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders - Commercial Items[additionally incorporating selected clauses - 52.209-6 Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment; 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations 52.222-21 Prohibition of Segregated Facilities; 52.222-26 Equal Opportunity; 52.222-36 Affirmative Action for Workers with Disabilities; 52.222-41 Service Contract Act of 1965 52.222.42 Statement of Equivalent Rates for Federal Hires 52.222-50(Alt 1) Combating Trafficking in Persons 52.223-18 Contractor Policy to Ban Text Messaging While Driving; 52.225-13 Restrictions on Certain Foreign Purchases; 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration; 52.232-36 Payment by Third Party 52.247-34 F.o.b. Destination; The duration of this contract is from date of award through December 31, 2012. The Government contemplates award of a Requirements Contract, FAR 52.216-21, resulting from this RFP. Vendors within the U.S. must be actively registered in the Central Contractors Registration, CCR, in accordance with 52.204-7. The solicitation notice and all amendments will be posted and available for viewing and downloading on the Government Electronic Posting System (FedBizOpps) site www.fedbizopps.gov or www.elps.gov. All responsible sources may submit a response which if timely received, must be considered by the Agency. No paper copies of solicitations or amendments will be issued. No telephone facsimile or written request for the solicitation will be accepted. When the solicitation is posted, it is incumbent upon the interested parties to review this site frequently for any updates/amendments to any and all documents. To ensure that you receive all information regarding this solicitation, please register to receive updates at www.fedbizopps.gov, and follow the procedures for notification registration. All questions regarding this solicitation should be addressed to U.S. Department of Commerce, CAS, OS Business Solutions Team, Sol: SA130112RQ0045, 14th & Constitution Ave. N.W., Room 6521, Washington, DC 20230, Attn: Ricky L. Edwards E-mail: redwards2@doc.gov by 1:00 p.m. April 25, 2012. Deadline for this solicitation should be sent to U.S. Department of Commerce, CAS, OS Business Solutions Team, Sol: SA130112RQ0045, 14th & Constitution Ave. N.W., Room 6521, Washington, DC 20230, Attn: Ricky L. Edwards Email: redwards2@doc.gov by 5:30 p.m. April 30, 2012.
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- Address: Istanbul, Turkey, United States
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