SOLICITATION NOTICE
R -- PUBLIC DEFENDER - SPRO CFR COURTS
- Notice Date
- 10/30/2017
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 541110
— Offices of Lawyers
- Contracting Office
- BIA SPRO 00003 100 NORTH RIVERSIDE DRIVE Contracting Office Anadarko OK 73005-0368 US
- ZIP Code
- 00000
- Solicitation Number
- 140A0318Q0007
- Response Due
- 11/27/2017
- Archive Date
- 12/12/2017
- Point of Contact
- Margie Robinson
- Small Business Set-Aside
- Indian Small Business Economic Enterprises
- Description
- ALL QUESTIONS REGARDING THIS SOLICITAITON SHALL BE SUBMITTED VIA EMAIL TO Margie.Robinson@bia.gov No phones Please. This procurement is being set aside for 100% Native American Owned Small Businesses: NOTICE OF INDIAN SMALL BUSINESS ECONOMIC ENTERPRISE SET-ASIDE - Under the Buy Indian Act, 25 U.S.C. 47, offers are solicited only from Indian economic enterprises (Subpart 1480.8) that are also small business concerns. Offers received from enterprises that are not both Indian economic enterprises and small business concerns will not be considered and will be rejected. As part of your, you must complete and return Offers received from enterprises that are not both Indian economic enterprises and small business concerns will not be considered and will be rejected. As part of your, you must complete and return DIAR Clause 1452.280-4 (see attached). The associated North American Industry Classification System code (NAICS) is 541110 and the size standard is $11 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; s is being requested and a written solicitation will not be issued. The Bureau of Indian Affairs (BIA) Southern Plain Regional Office intends to award a firm-fixed price contract in response to this Request for (RFQ) Bureau of Indian Affairs, Tribal Government is requesting for Public Defender for the Bureau of Indian Affairs/Southern Regional Office, Anadarko, Ok. Contractor (hereinafter referred to as Public Defender shall be responsible for all public defender duties related to adult and to the juvenile matters set forth below, for the CFR Courts under the Southern Plains Region and within the jurisdiction of each Tribe and the CFR Courts designated herein. Contractor shall perform services in accordance of the Statement of Work. DUE DATE: SUBMIT YOUR QUOTE BY Monday, November 27, 2017 at 12:00 (CST) p.m. Please reference solicitation 14A0318Q0007. AWARD TYPE BIA intends to award one (1) Firm Fixed Price Contract with 1 Base year and 2 Options Years. Totaling 3 possible years. INTERPRETATION OF THE SOLICITATION: NOTICE OF AMBIGUITIES It shall be the obligation of the potential Contractor to exercise due diligence to discover and to bring to the attention of Bureau of Indian Affair at the earliest possible time any ambiguities, discrepancies, inconsistencies, or conflicts in or between the statement of work, specifications and any other document RESTRICTIONS AGAINST DISCLOSURE The Contractor agrees, in the performance of this contract to keep in strict confidence the information furnished by Bureau of Indian Affairs and designated by the COR as public materials and information unless otherwise specified. 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. PRICE SCHEDULE (utilizing your most competitive and reasonable rate): PRICING 010: $________________Per Month x 12 months=___________ Base Year: 1/1/2018-12/31/2018 020: $________________Per Month x 12 months=___________ 52.232-19 Availability of Funds for the Next Fiscal Year Option Year 1: 1/1/2019-12/31/2019 030: $________________Per Month x 12 months=___________ 52.232-19 Availability of Funds for the Next Fiscal Year Option Year 2: 1/1/2020-12/31/2020 Total of Amount of _________________________ STATEMENT OF WORK ¿ PUBLIC DEFENDER Contractor (hereinafter referred to as ¿Public Defender ¿) shall be responsible for all duties related to adult and to the juvenile matters set forth below, for the CFR Courts under the Southern Plains Region and within the jurisdiction of each Tribe and the CFR Courts designated herein. The Public Defender shall provide transportation, personnel, materials, supplies and equipment necessary to perform prosecutorial services and shall furnish an office, home and cell telephone numbers to the Tribal Government Officer and CFR court personnel for distribution to enforcement staff for consultation and instruction purposes. Public Defender shall be available in emergency situations for the issuance of warrants and/or other emergency orders. Court Clerks are not responsible for receiving/delivering messages for the Public Defender and will advise those people needing to do business with the Public Defender, of contact number(s), where he/she can be contacted, and that the Public Defender will be physically present at the CFR Court only on days of court appearances. Court days may be increased or decreased, contingent upon the availability of funds. The Public Defender will be notified in writing, thirty (30) days in advance should any modification be necessary. The contract will be adjusted on a pro rata basis, in accordance with the reimbursement provided for Public Defender ¿s rate of pay. The majority of the Public Defender ¿s work will be performed at the CFR Court located in Anadarko, Oklahoma where he/she shall be present on court days from 10:00 am until 4:30 pm on Tuesday and Thursday of each week, a minimum of two (2) days per week. The Southern Plains Region will furnish a private office and supplies for the Public Defender ¿s use on days when he/she is at the court. The Public Defender shall also provide services two (2) days each month, usually the first and third Monday of each month, for the CFR Court located in Red Rock, Oklahoma. Court may be held at 10:00 a.m. or 2:00 p.m. Notice of the court dates and times of hearing for the Red Rock CFR Court will be provided to Public Defender by the Court Clerk in advance of the scheduled court date. The Public Defender is responsible for providing travel arrangements the expense of travel. The Public Defender is primarily responsible for the criminal defense of all criminal cases arising within the jurisdiction of the Southern Plains Region, where the defendant is an indigent person and the representation of indigent Indian parents in cases where custody has been removed from the custodian. Specifically, the contractor is responsible for the following: 1.The representation of indigent defendants in criminal cases filed by the Prosecutor of the CFR Court. The Court Clerk under the direction of the Magistrate will notify the Public Defender of cases assigned to him/her. 2.The representation of indigent parents who have had children removed from their custody by the CFR Court in which their parental rights may be terminated as assigned to the Public Defender by the Magistrate. 3.The representation of indigent parents who have had a petition filed against them in CFR Court through a transfer of child custody pursuant to the Indian Child Welfare Act of 1978 (92 Stat. 3069, 25 U.S.C. 1901-52), or cases filed against indigent parents by the CFR Court Prosecutor pursuant to CFR Court regulations as assigned by the Court Clerk under the direction of the Magistrate. 4.The representation for minors in cases where the Magistrate may appoint a Guardian Ad Litem for a minor; where the court finds that the minor does not have a natural or adoptive parent, guardian or custodian willing and able to exercise effective guardianship, or where a parent, guardian or custodian has been accused of abusing or neglecting the minor. 5.Representation shall be the same as the normal duties involved in the defense of clients (as specified in numbers 1-4 above), in State and Federal Court including the following: a.Make CFR Court appearances on behalf of clients and represents clients in negotiations. b.Prepares all legal documents required in the representation of clients in a court case including motions, briefs, subpoenas, answers, intent to appeal, appeals, and application for writs. c.Representing client on through the appeal process, if need be. 6.Working cooperatively and providing technical assistance to the FBI, BIA, and/or Tribal Law Enforcement personnel, Magistrate, Court Clerks, Tribal Officials and Regional Tribal Government Services Officer, in the performance of the above duties. 7.The Public Defender shall perform the duties set out under this Scope of Work in a timely and responsible manner to assure the administration of justice within the Tribal community and be in attendance at court sessions. The Magistrate sets the date for the regular court hearings days. 8.The Court will furnish an area and supplies for the Public Defender ¿s use on days when he/she is at the court. 9.Provide a home, office and cell telephone number to the Regional Tribal Government Officer and CFR Court personnel for distribution to enforcement staff for consultation and instruction purposes. Provide the Public Defender ¿s direct line office telephone number for client and public contact and not the CFR Courts ¿ main number. 10.The Contractor will also be required to serve as Public Defender for appeals from the Comanche Tribal Children ¿s Court under CFR Part 11 and/or at the Appellate Judges discretion. 11.In the event a conflict of interest arises in performing duties under this contract, the court shall appoint an alternate Public Defender. The Public Defender shall compensate the alternate if the conflict is based on his private practice or work. The court will compensate the alternate in other instances of conflict. 12.If an alternate Public Defender needs to be appointed, prior approval must be given by the Magistrate and Tribal Government Officer, therefore a written request must be made 13.A background security investigation will be required on all non-federal government personnel. Successful and favorable completion is required. 1.If un-favorable background the award will go to the next responsive bidder. PROVISION FAR 52.212-1 -- INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS, applies to this acquisition. FAR 52.212-2 - EVALUATION - COMMERCIAL ITEMS (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. Award will be made using a Lowest Price Technically Acceptable (LPTA) approach; the Government will award to the lowest priced offeror that is determined technically acceptable. The following factors shall be used to evaluate offers: Factor 1: Experience Factor 2: Past Performance All evaluation factors, when combined, are equal to cost or price. (b) Factor 1: Experience 1. The offeror shall submit qualifications to perform Public Defender Services. Submit resume showing similar work as outline in the statement of work. The factor will be rated as "Technically Acceptable" or "Technically Unacceptable." 2. "Technically Acceptable" is defined as the item offered to the Government that meets the minimum requirements of the solicitation. 3. "Technically Unacceptable" is defined as the item offered to the Government that does not meet the minimum requirements of the solicitation. (c) Factor 3: Past Performance Past performance contact information for minimum of two and maximum of three references for which work was conducted which was similar in scope, magnitude and complexity to the requirements described in this solicitation and attached Statement of Work/Specification 1. The offeror's quote will be evaluated to determine the extent to which its past performance demonstrates the likelihood of successful performance in providing requirements similar in size, scope and complexity to the requirements identified in the RFQ. The evaluation will consider both the relevance and quality of past projects. The Government may choose to evaluate publicly available reports, and/or data from the Past Performance Information Retrieval System (PPIRS). The Government may use present and/or past performance data obtained from a variety of sources. The information gathered for past performance may also be used in the responsibility determination. An Offeror without relevant past performance will receive a neutral rating (i.e., neither acceptable nor unacceptable). The evaluation of Past Performance will reflect the consideration of all relevant agency/customer information that is available to the Government, including both the information received from the offeror's references and information obtained from other sources. (e) AWARD PROCESS: 1. The Government will first evaluate all quotations to ensure the quotation complies with all material aspects of the request for quotation thereby being determined as either "Responsive" or "Non-Responsive." 2. Responsive quotes will then be submitted for Technical Evaluation to determine those that are either "Technically Acceptable" or "Technically Unacceptable." 3. "Technically Acceptable" quotations will be then ranked according to Price. 4. The lowest priced offeror who is technically acceptable will receive the award. FAR 52.212-3 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision. FAR 52.212-4 - CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEM All terms and conditions identified under this FAR Clause are applicable to this Request for Quotation. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS and FAR 52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (DEVIATION), applies to this acquisition. The clauses cited within this clause as indicated below are applicable: 52.203-6, 52.203-19, 52.204-10, 52.209-6, 52.209-10, 52.219-6, 52.219-8, 52.222-3, 52.222-21, 52.222-26, 52.222-36, 52.222-50, 52.223-3, 52.223-18, 52.225-13, 52.232-33, 52.233-3, and 52.233-4. FAR Clauses incorporated by reference: 52.204-7, 52.217-9, 52.228-5, 52.232-1, 52.232-17, 52.232-19, 52.232-25, 52.232-39, 52.237-1, 52.237-2, 52.242-15, 52.243-1, 52.243-1 Alt. 1, 52.244-6, 52.246-4, 52.249-4 and 52.249-8. DIAR 1452.201-70 Authorities and delegations. As prescribed in section 1401.670-1, insert the following clause: Authorities and Delegations (SEP 2011) (a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work. (b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment. (c) The COR is not authorized to perform, formally or informally, any of the following actions: (1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract; (2) Waive or agree to modification of the delivery schedule; (3) Make any final decision on any contract matter subject to the Disputes Clause; (4) Terminate, for any reason, the Contractor's right to proceed; (5) Obligate in any way, the payment of money by the Government. (d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause. (e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract. (f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR. (g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk. (End of clause) 1452.228-70 Liability Insurance 1452.233-2 Service of Protest Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013) Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP). "Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov. Under this contract, the following documents are required to be sent to Brenasha Alexander at brenasha.Alexander@bia.gov A copy of the contractor's official company invoice will be submitted listing purchase order number, date and time of services. The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation. OMB MEMORANDUM M-11-32 Accelerating Payments to Small Businesses for Goods and Services This policy requires agencies to accelerate payment to small business prime contractors to the full extent permitted by law with the goal of making payment within 15 days of receipt of a proper invoice. In return, prime contractors are expected to accelerate payment to small business subcontractors when they receive accelerated payments from the Government. All questions shall be submitted via email to Margie M. Robinson at margie.robinson@bia.gov by 4:30 (CST) Tuesday 21, November 2017. NO PHONES CALLS PLEASE. Please reference solicitation number 140A0318Q0007 in subject line of the email. Quotes are due on Monday, 27 November 2017 at 12:00 pm (CST). Quotes may be sent via email to margie.robinson@bia.gov. Quotes shall be good for 45 calendar days after close of RFQ. QUOTE SUBMISSION INFORMATION: Quote submissions must include the following items: 1. Sections 17a, 23, 24, 30a, 30b, and 30c completed per the attached SF 1449 document (include DUNS number). 2. Resume. 3. Pricing schedule completed as included on the first page of this RFQ document. 4. Past performance contact information for minimum of two and maximum of three references for which work was conducted which was similar in scope, magnitude and complexity to the requirements described in this solicitation and attached Statement of Work/Specification Document: i. Company Name ii. Company Address iii. Company Point of Contact Name iv. Contact Phone Number and E-mail Address v. Description of Services vi. Period of Performance vii. If applicable, explanation of any problems or delays encountered. Offerors should check the FedBizOpps/FedConnect websites often for any solicitation amendments. This solicitation requires registration with the System for Award Management (SAM) in order to be considered for award, pursuant to applicable regulations and guidelines. Registration information can be found at www.sam.gov. Registration must be "ACTIVE" at the time of award. end of solicitation
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