SOLICITATION NOTICE
U -- Mediating Employee Dispute Training
- Notice Date
- 7/8/2015
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 611430
— Professional and Management Development Training
- Contracting Office
- Department of Homeland Security, United States Coast Guard (USCG), Commandant (CG-912), U.S. Coast Guard Headquarters, 2703 MARTIN LUTHER KING JR AVE SE, STOP 7828, Washington, District of Columbia, 20593-7828, United States
- ZIP Code
- 20593-7828
- Solicitation Number
- HSCG23-15-R-PBK007
- Point of Contact
- Lisa M. Penn, Phone: 2024753229
- E-Mail Address
-
Lisa.M.Penn@uscg.mil
(Lisa.M.Penn@uscg.mil)
- Small Business Set-Aside
- N/A
- Description
- HSCG23-15-R-PBK007 Description: Contract - Mediating Employee Dispute Training This is a combined synopsis/solicitation for a commercial item prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only synopsis and solicitation that will be issued. Offerors are requested to provide a proposal from the synopsis/solicitation provided. This solicitation documents and incorporates provisions and clauses that are in effect through FAC 2005-82 (June 8, 2015). It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The U.S. Coast Guard is seeking information to assisting in the formulation of an acquisition strategy to obtain contract services for Mediating Employee Dispute Training for the newly assigned US Coast Guard Equal Employment Opportunity Services Provider. The Request for Quote number is HSCG23-15-R-PBK007. The NAICS code is 611430 with a small business size standard of $11 Million. This requirement is considered an open market solicitation. All small businesses are encouraged to submit a proposal. This solicitation documents and incorporates provisions and clauses that are in effect through FAC 2005-78 (December 26, 2014). It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The U.S. Coast Guard intends to establish an Indefinite Delivery/Indefinite Quantity for the services of Mediating Employee Dispute Training. FAR 52.212-1 Instructions to Offerors - Commercial items (Apr 2014) and is supplemented as follows: Offerors shall submit an electronic version of their proposal in Adobe.pdf format on FedBizOpps. Proposals submitted via other methods may not be considered. Offeror shall submit each volume as a separate document file. File format shall be compatible with the standard USCG image (MS Vista, Office 2007, and Adobe Acrobat 8.0) Question Submission Deadline: 1400 ET on July 13, 2015 via email to Lisa Penn at lisa.m.penn@uscg.mil. Proposal Submission Deadline: 1400 ET on July 17, 2015 via the electronic submission option on FedBizOpps. Proposals submitted through other means may not be considered. Offers shall submit proposals to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, offers must show the following in accordance with the evaluation section 52.212-2. 52.212-1 (b) Submission of Offers is tailored as follows and represented as (4), (6), and (10). 1. TECHNICAL SUBMISSION A detailed course description and outline of the required mediating training course to evaluate compliance with the requirements in the solicitation, which shall include a variety of training methods, lectures, group projects, skilled exercises. Contractor shall also provide documents of certification for mediation training. 2. RELEVENT PAST PERFORMANCE (a) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information). (b) Offerors shall demonstrate a detailed understanding of the Performance Work Statement, Offerors ability to provide required training within 30 days of award, representative samples of resumes of instructors for each course, and the resumes' of personnel designated. 3. PRICE (a) Price and any discount terms IAW CLIN pricing allocated on the pricing schedule below: Base Year CLIN 0001 Description: Mediating Employee Dispute Training Estimate Quantity: 15 Unit: Student Attendee Unit Price/Per Student: ______________ Year 1 CLIN 1001 Description: Mediating Employee Dispute Training Estimate Quantity: 15 Unit: Student Attendee Unit Price/Per Student: ______________ Year 2 CLIN 2001 Description: Mediating Employee Dispute Training Estimate Quantity: 15 Unit: Student Attendee Unit Price/Per Student: ______________ Option Year 3 CLIN 3001 Description: Mediating Employee Dispute Training Estimate Quantity: 15 Unit: Student Attendee Unit Price/Per Price: ______________ Year 4 CLIN 4001 Description: Mediating Employee Dispute Training Estimate Quantity: 15 Unit: Student Attendee Unit Price/Per Student: ______________ This requirement guarantees at a minimum 5 students. The Government estimates a maximum of 75 students. FAR 52.212-2, Evaluation - Commercial Items (Oct 2014) is applicable to this procurement. (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: 1. Technical Capability: The government will evaluate the offeror's technical capability to meet or exceed the government's requirements as detailed in the solicitation which include detailed course description and outline. 2. Relevant Past Performance: The government will evaluate relevant past performance by surveying PPIRS, reviewing past performance references, and other measures. Relevant Past Performance is previous or current performance of a similar size and scope, where performance was within three years prior to offer submission. If an offeror is without a record of relevant past performance, or for whom information on past performance is not available, then the offeror will not be evaluated favorably or unfavorably on past performance. 3. Price: Total Overall Price summation of all CLINS. Technical Capability and Relevant Past Performance, when combined, are significantly more important, when compared to price. Technical Capability is significantly more important, when compared to Relevant Past Performance. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) FAR 52.212-3 Offeror Representations and Certifications -- Commercial Items (Mar 2015) FAR 52.212-4 Contract Terms and Conditions-Commercial Items (May 2015) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (May 2015) (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: (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)), (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note),(10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, 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), (18) 52.219-13, Convict Labor (June 2003) (E.O. 11755),(28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246),(29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212),(30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793),(31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212),(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496),(40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513),(50) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). (End of Clause) FAR 52.216-18 ORDERING (OCT 1995) a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 5 years (60 months) after date of award. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. FAR 52.216-19 ORDER LIMITATIONS (OCT 1995) a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1 student, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor- (1) Any order for a single item in excess of IDIQ maximum; (2) Any order for a combination of items in excess of IDIQ per year maximum or (3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 1 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995) (a) This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after one year following the expiration of the IDIQ contract. (End of clause) HSAR 3052.212-70: CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF COMMERCIAL ITEMS (SEP 2012) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: (a) Provisions. _X_3052.209-72 Organizational Conflicts of Interest. (b) Clauses. _X_3052.242-72 Contracting Officer's Technical Representative. See section directly below for (End of clause) (HSAR) 48 CFR 3042.7000 Contracting Officer's Technical Representative (DEC 2003) (a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Technical Representative (COTR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract. (b) The Contracting Officer cannot authorize the COTR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the Contracting Officer. (End of clause) NOTICE FOR FILING AGENCY PROTESTS It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum, rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman. Informal forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the USCG Ombudsman for Agency Protests. Under this informal process, the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable). Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through open and frank discussions. If the protester's concerns are unresolved, an independent review is available by the Ombudsman. The protester may file a formal agency protest to either the contracting officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency's goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103. If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude re-filing of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted to: Department of Homeland Security United States Coast Guard (CG-91) Ombudsman Program for Agency Protests Email: OPAP@uscg.mil Fax: 202-372-8447 Phone: 202-475-5786 More information about the Ombudsman Program for Agency Protests (OPAP) can be found at http://www.uscg.mil/acquisition/business/ombudsman.asp Alternative Point of Contact: Robert A. Mann-Thompson Contracting Officer Robert.A.Mann-Thompson@uscg.mil Phone: 202-475-3252 Mediating Employee Disputes Training 1.0 SCOPE The purpose of this Statement of Work is seeking a professional training center to provide Mediating Employee Disputes training for our newly assigned US Coast Guard, Equal Employment Opportunity Service Providers. 1.2 BACKGROUND 1.2.1 Equal Employment Opportunity Training is a mandated law under the Commission Regulations, Guidelines and Policy Directives, Title 29 of the Code of Federal Regulations (C.F.R.), Part 1614, for all Coast Guard Employment Opportunity Managers (EOAs) and Equal Opportunity Specialist (EOSs) who perform the duties of U.S. Coast Guard, Civil Rights Service Providers (CRSPs), www.uscg.mil/civilrights/History/EEOLaws.asp. 1.2.2 Statutes and Regulations that mandates Equal Employment Opportunity Training: • Title VII of the Civil Rights Act of 1964 • Age Discrimination in Employment Act of 1967 • Rehabilitation Act of 1973 • Fair Labor Standards Act of 1938 as amended (Equal Pay Act of 1963) EPA 1.2.3 Mandated Training for Civil Rights Service Providers Mandatory training is to comply with the Management Directive 110 requirements, this mandated training is required in order to provide CRSPs with the tools they need in order to perform their assigned duties as Equal Employment Opportunity Advisors and Equal Employment Opportunity Specialists. Federal Requirements for mandated training of Civil Rights Service Providers is available at, http://www.eeoc.gov/federal/directives/md110/chapter2.html. According to the U.S. Equal Employment Opportunity Commission, Instructions to Federal Agencies for EEO MD-715, Section 1- Essential Element B: Integration of EEO into the Agency's Strategic Mission, EEO training is provided in support of the Coast Guard Equal Opportunity Program. 2.0 REQUIREMENT: 2.1 LEARNING OBJECTIVES: Ability to adopt the mediation mindset and the language of resolution. 2.1.2 Knowledge and use of the various language techniques that enhance the opportunity or resolution. 2.1.3 Implement the mediation process. 2.1.4 Understand the importance of confidentiality in the mediation process. 2.1.5 Understand the impact of laws, ethics, regulations, policies and practices surrounding the mediation process and its outcome. 2.1.6 Knowledge and appreciation of diversity issues. 2.2 REQUIRED COURSE MATERIALS: 2.2.1 The Contractor shall provide all training materials for the course. 2.2.2 Contractor shall provide students with evaluations and completion certificate at the end of the course. 2.2.3 Contractor will provide classroom instructor training for five (5) consecutive days or 40 hours a week. 2.3 INSTRUCTORS QUALIFICATION: 2.3.1 The Contractor shall have a minimum of 2 year of teaching mediation training experience. 2.4 FACILITY: 2.4.1 The Contractor shall provide a learning environment conducive for students. 2.4.2 The Contractor shall provide a clean and comfortable environment for students. 2.4.3 The Contractor shall provide training at facility. 3.0 DELIVERABLES, INSPECTION AND ACCEPTANCE: 3.1. All deliverables shall be submitted in electronic format that is modifiable and unprotected. 3.1.2 Student evaluations and certificate of completion within 5 days of the course ending date. 4.0 PERFORMANCE REQUIREMENTS SUMMARY (PRS) The PRS table below reflects the deliverables considered by the Coast Guard to be important for the successful performance of this task order. This includes the expected standards of performance. The PRS is not an exclusive remedy and inclusion of the PRS does not preclude the Government from using any other remedy available by law or contract terms, including incentives/reductions in payment in accordance with any clause for inspection of services Objective 1: Mediating Employee Training Course Required Service: Attain learning objectives Performance Standard: Student evaluations shall be at least satisfactory. Incentives/Reductions: Failure to meet this standard may result in an invoice reduction or demand for payment.
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