SOLICITATION NOTICE
R -- Operational Blueprint Seminar-Transition of Disaster Relief FEMA/USAID - Synopsis/Solicitation
- Notice Date
- 3/2/2009
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 611430
— Professional and Management Development Training
- Contracting Office
- Department of Homeland Security, Federal Emergency Management Agency, Region IX, 1111 Broadway, Suite 1200, Oakland, California, 94607-4052
- ZIP Code
- 94607-4052
- Solicitation Number
- HSFE09-09-R-0001
- Archive Date
- 3/17/2009
- Point of Contact
- Ameka Ali,, Phone: 5106277128, COTR,, Phone: 510-627-7807
- E-Mail Address
-
Ameka.Ali@dhs.gov, Ian.Dixon@dhs.gov
- Small Business Set-Aside
- Veteran-Owned Small Business
- Description
- Operation Blueprint This notice is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued. This notice is being issued as a Request for Proposals (RFP) for acquisition of consulting services to design, develop, conduct, evaluate and support a stakeholder meeting and tabletop exercise addressing interagency coordination and communications between USAID and FEMA on the transfer of disaster relief program for FSM and RMI, as outlined in the Blueprint. The Operational Blueprint outlines the arrangements for this transfer of responsibilities. FEMA intends to transfer responsibility within the United States (US) Government for disaster mitigation, relief and reconstruction assistance for the Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI) transferred from the Federal Emergency Management Agency (FEMA) to the United States Agency for International Development (USAID). Because of the importance of the USAID's current and future responsibilities, extensive interaction with the Contracting Officer's Technical Representative (COTR) will be required during the performance of this contract. The NAICS Code and the small business size standard for this procurement are 611430, and size standard: $7M respectively. The offeror shall state in their offer their size status for this procurement. This procurement is a Service-Disabled Veteran Owned Small Business Set-Aside. The award is intended to be a firm-fixed price (FFP) order. All responsible sources may submit an offer which shall be considered by the agency. Delivery will be as specified in the HRL. Delivery shall be FOB Destination. Offers for the items(s) described above are due by 4:00 pm PST, March 31, 2009, FEMA Region IX, Attn: Ameka Ali, 1111 Broadway, Suite 1200, Oakland, CA 94607-4052 and must include solicitation number, FOB destination to this Center, proposed delivery schedule, discount/payment terms, warranty duration (if applicable), taxpayer identification number (TIN), identification of any special commercial terms, and be signed by an authorized company representative. Offerors shall provide the information required by FAR 52.212-1 (JUNE 2008), Instructions to Offerors-Commercial Items, which is incorporated by reference. Addenda to FAR 52.212-1 are as follows: N/A Responses to this RFQ shall include information that fully responds to the technical requirements in the SOW:plan informational seminar and tabletop exercise, conduct facilitated seminar and tabletop exercises, and prepare seminar discussion topics and exercise activities to achieve the following expected outcomes. If the minimum set of data as defined in the SOW is not available, a plan must be included stating how and when such property data can be delivered. FAR 52.212-4 (FEB 2007), Contract Terms and Conditions-Commercial Items is applicable. FAR 52.212-5 (JUNE 2008), Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items is applicable and the following identified clauses are incorporated by reference: FAR 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995); 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer); 52.219-8, Utilization of Small Business Concerns (May 2004); 52.219-28, Post Award Small Business Program Rerepresentation (June 2007): 52.222-3, Convict Labor (June 2003); 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2008); 52.222-21, Prohibition of Segregated Facilities (Feb 1999); 52.222-26, Equal Opportunity (Mar 2007); 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006); 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793); 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006); 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004); 52.222-50, Combating Trafficking in Persons (Aug 2007); 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008); 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration (May 1999). The FAR may be obtained via the Internet at URL: http://www.acquisition.gov/far/index.html All contractual and technical questions must be in writing (e-mail) to Ameka Ali (Ameka.Ali@dhs.gov) not later than 12:00 noon PST, March 31, 2009. Telephone questions will not be accepted. Selection and award will be made to that offeror whose offer will be most advantageous to the Government, with consideration given to the factors of proposed technical merit, price, schedule/delivery and relevant past performance. It is critical that offerors provide adequate detail to allow evaluation of their offer. (SEE FAR 52.212-1(b)). Offerors must include completed copies of the provision at 52.212-3 (JUNE 2008), Offeror Representations and Certifications - Commercial Items with their offer. These may be obtained via the internet at URL: https://orca.bpn.gov/. These representations and certifications will be incorporated by reference in any resultant contract. Prospective offerors shall notify this office of their intent to submit an offer. It is the offeror's responsibility to monitor the following Internet site for the release of solicitation amendments (if any). Potential offerors will be responsible for downloading their own copy of this combination synopsis/solicitation and amendments (if any). A.1 NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE The following clauses are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" contained in this document. FAR 52.252-2 contains the Internet address for electronic access to the full text of a clause. NUMBER TITLE DATE A.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is. (2) The small business size standard is. (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)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (c) of this provision applies. (2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (c) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: [ ] (i) Paragraph (c) applies. [ ] (ii) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. ------------------------------------------------------------------------ FAR Clause # Title Date Change ------------------------------------------------------------------------ ------ ---------- ------ ------ ------------------------------------------------------------------------ Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA. A.3 52.211-1 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS, FPMR PART 101-29 (AUG 1998) (a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service, Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978. (b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee. A.4 52.213-2 INVOICES (APR 1984) The Contractor's invoices must be submitted before payment can be made. The Contractor will be paid on the basis of the invoice, which must state (a) the starting and ending dates of the subscription delivery, and (b) either that orders have been placed in effect for the addressees required, or that the orders will be placed in effect upon receipt of payment. A.5 52.213-4 TERMS AND CONDITIONS - SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS) (DEC 2008) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference: (1) The clauses listed below implement provisions of law or Executive order: (i) 52.222-3, Convict Labor (June 2003) (E.O. 11755). (ii) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) (E.O. 11246). (iii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (iv) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). (v) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (vi) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (vii) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78). (2) Listed below are additional clauses that apply: (i) 52.232-1, Payments (Apr 1984). (ii) 52.232-8, Discounts for Prompt Payment (Feb 2002). (iii) 52.232-11, Extras (Apr 1984). (iv) 52.232-25, Prompt Payment (Oct 2008). (v) 52.233-1, Disputes (Jul 2002). (vi) 52.244-6, Subcontracts for Commercial Items (DEC 2008). (vii) 52.253-1, Computer Generated Forms (Jan 1991). (b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply: (1) The clauses listed below implement provisions of law or Executive order: (i) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2008) (E.O. 13126). (ii) 52.222-20, Walsh-Healey Public Contracts Act (Dec 1996) (41 U.S.C. 35-45) (Applies to supply contracts over $10,000 in the United States, Puerto Rico, or the U.S. Virgin Islands). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212) (Applies to contracts of $100,000 or more). (iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (Applies to contracts over $10,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, United States includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.) (v) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212) (Applies to contracts of $100,000 or more). (vi) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (Applies to service contracts over $2,500 that are subject to the Service Contract Act and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer continental shelf lands). (vii) 52.223-5, Pollution Prevention and Right-to-Know Information (Aug 2003) (E.O. 13148) (Applies to services performed on Federal facilities). (viii) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR Program or Federal Energy Management Program (FEMP) will be-- (A) Delivered; (B) Acquired by the Contractor for use in performing services at a Federally-controlled facility; (C) Furnished by the Contractor for use by the Government; or (D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.) (ix) 52.225-1, Buy American Act--Supplies (June 2003) (41 U.S.C. 10a-10d) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro- purchase threshold and the acquisition-- (A) Is set aside for small business concerns; or (B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000.) (x) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003). (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the Central Contractor Registration (CCR) database as its source of EFT information.) (xi) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (May 1999). (Applies when the payment will be made by EFT and the payment office does not use the CCR database as its source of EFT information.) (xii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241). (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).) (2) Listed below are additional clauses that may apply: (i) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Sept 2006) (Applies to contracts over $30,000). (ii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies). (iii) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin). (iv) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b. destination). (c) FAR 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): (d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights-- (1) Within a reasonable period of time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided. (g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. 52.204-7 CENTRAL CONTRACTOR REGISTRATION APR 2008 52.211-5 MATERIAL REQUIREMENTS AUG 2000 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED SEP 2006 VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED SEP 2006 VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS 52.222-50 COMBATING TRAFFICKING IN PERSONS AUG 2007 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN JUN 2008 PURCHASES 52.233-1 DISPUTES JUL 2002 52.233-4 APPLICABLE LAW FOR BREACH OF OCT 2004 CONTRACT CLAIM 52.237-11 ACCEPTING AND DISPENSING OF $1 COIN SEP 2008 52.243-1 CHANGES--FIXED PRICE AUG 1987 ALTERNATE I (APR 1984) 3052.247-72 F.O.B. DESTINATION ONLY DEC 2003 A.6 HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006) (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause: Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting 'more than 50 percent' for 'at least 80 percent' each place it appears. Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)-- (1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held-- (i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. (1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: (i) stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or (ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1). (2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4- year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. (3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. (e) Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) Warrants; (ii) Options; (iii) Contracts to acquire stock; (iv) Convertible debt instruments; (v) Others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of section 835. (f) Disclosure. The offeror under this solicitation represents that [Check one]: []it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73; []it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been denied; or []it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it plans to submit a request for waiver pursuant to 3009.104-74. (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.
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