SOURCES SOUGHT
U -- Office of Surface Mining EarthVision Training
- Notice Date
- 4/24/2009
- Notice Type
- Sources Sought
- NAICS
- 541611
— Administrative Management and General Management Consulting Services
- Contracting Office
- Department of the Interior, Office of Surface Mining, Headquarters, OSM, Headquarters1951 Constitution Ave, NWWashingtonDC20240US
- ZIP Code
- 00000
- Solicitation Number
- S09PS00092
- Response Due
- 5/5/2009
- Archive Date
- 6/4/2009
- Point of Contact
- Dawn Trudeau
- Small Business Set-Aside
- N/A
- Description
- Development and delivery of EarthVision TrainingFor the Office of Surface Mining, Denver, COCombined Synopsis/Solicitation Department of the InteriorOffice of Surface Mining1999 Broadway, Suite 3450Denver, CO 80202 All questions or inquiries regarding this solicitation are to be directed to the named Contract Specialist, Dawn Trudeau at 303-293-5059. Facsimile quotations are acceptable and may be forwarded to 303-293-5032, attention Dawn Trudeau. Electronic submission may be sent to dtrudeau@osmre.gov. Opening date: April 27, 2009Closing date: May 7, 2009 (Quotes must remain effective 30 days after the close of solicitation) This is a combined synopsis/solicitation for a commercial service 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; proposals are being requested. All commercial provisions and FAR clauses referenced in this solicitation are available in full text at the following website location: http://www.arnet.gov/far/. Only those Offerors who can meet all the requirements specified herein will be considered. Award will be made to the best price most compatible vendor meeting all criteria in the specifications. This acquisition is 100% set-aside for small business. In the event that adequate small business quotes are not received, the set-aside will be dissolved and become unrestricted. 52.219-8, Utilization of Small Business Concerns (May 2004)(15 U.S.C. 637(d)(2) and (3)). Please Note: All vendors submitting a quote shall have a valid Vendor Cage Code, Dun & Bradstreet Number (DUNS) or the ability to get one, and MUST be actively registered in the Central Contractor Registration (CCR) Registration website: http://www.ccr.gov, before the contract will be awarded. The North American Industry Classification System (NAICS) code is 541611, 541618, 541690. The small business size standard in millions of dollars is $7.0. This contract will be awarded as a firm-fixed-price contract. STATEMENT of WORK Part of TIPS core software since the late 1980s, EarthVision has been used on over 60 projects ranging from minor complaints of site drainage through high profile major regulatory issues, rewrites, and Environmental Impact Statements to the modeling and remediation design of OSMs largest AML project, the $12,000,000 Dolph Fire.In Summer 2009, a totally new release (version 8) will be distributed. Version 8s powerful new modeling and visualization and editing features and the new Windows-friendly interface offer more and easier to use tools for SMCRA purposes. This training is explicitly designed to introduce and train new users to apply Earthvision to SMCRA situations. Vendor will prepare a 3-day course (24 classroom hours) in EarthVision using drilling, chemical analyses and other data provided by OSM. The course will use these real data to address the fundamentals of EarthVision and its unique user interface and then advance to training users to develop their own real-world models of geochemistry and geology using the OSM-supplied data. The Vendor will develop the course, prepare complete sets of training materials, travel to AR and WR and train a total of 20 students with the aid of OSM teaching assistants.The first session is to be held in Pittsburgh, PA in June 2009 and the second in Denver in September 2009. OSM will provide the SMCRA data, training facilities, and teaching assistants.Only one other vendor has access to Version 8 and the requisite background to develop the course and prepare training materials. That vendor is the British subsidiary of the parent company. The rate schedule of the subsidiary is more expensive and does not have GSA pricing. The additional instructor travel costs would significantly exceed monies available within the 2009 budget. Contract Clauses:52.202-1 DEFINITIONS (JULY 2004)(a) When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation(FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless(1) The solicitation, or amended solicitation, provides a different definition;(2) The contracting parties agree to a different definition;(3) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or(4) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.(b) The FAR Index is a guide to words and terms the FAR defines and shows where each definition is located. The FAR Index is available via the Internet at http://www.acqnet.gov at the end of the FAR, after the FAR Appendix. (End of clause) 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.(b) Bona fide agency, as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence. Bona fide employee, as used in this clause, means a person, employed by a contractor and subject to the contractors supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence. Contingent fee, as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract. Improper influence, as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter. (End of clause) 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEPT 2006)(a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (includingcomputer software) made or furnished by the subcontractor under this contract or under any follow-on production contract.(a) The prohibition in (b) of this clause does not preclude the Contractor from asserting rights that are otherwise authorizedby law or regulation. (c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold. (End of clause) 52.203-7 ANTI-KICKBACK PROCEDURES (JUL 1995)(a) Definitions. Kickback, as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided, directly or indirectly, to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.FAC 2005-13 SEPTEMBER 28, 2006SUBPART 52.2TEXT OF PROVISIONS AND CLAUSES 52.203-8 Person, as used in this clause, means a corporation, partnership, business association of any kind, rust, joint-stock company, or individual. Prime contract, as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind.Prime Contractor as used in this clause, means a person who has entered into a prime contract with the United States.Prime Contractor employee, as used in this clause, means any officer, partner, employee, or agent of a prime Contractor.Subcontract, as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.Subcontractor, as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and (2) includes anyperson who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor.Subcontractor employee, as used in this clause, means any officer, partner, employee, or agent of a subcontractor.(b) The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from(1) Providing or attempting to provide or offering to provide any kickback;(2) Soliciting, accepting, or attempting to accept any kickback; or(3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor.(c)(1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships.(2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Department of Justice.(3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause.(4) The Contracting Officer may (i) offset the amount of the kickback against any monies owed by the United States under the prime contract and/or (ii) direct that the Prime Contractor withhold from sums owed a subcontractor under the prime contract the amount of the kickback. The Contracting Officer may order that monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(i) of this clause. In either case, the Prime Contractor shall notify the Contracting Officer when the monies are withheld.(5) The Contractor agrees to incorporate the substance of this clause, including paragraph (c)(5) but excepting paragraph (c)(1), in all subcontracts under this contract which exceed $100,000. (End of clause) Offerors/Bidders/Quoters must review and comply with the FAR Provisions or Clauses which apply to this solicitation. This information is available on the Internet at http://www.arnet.gov/far. The following clauses or provisions are specifically referenced and are required in the response to this solicitation: 52.212-1, INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS; 52.212-2, EVALUATION-COMMERCIAL ITEMS - Evaluation factors include price and past performance. 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS, a completed copy of the provision at 52.213-3 must be submitted with the bid / offer; 52.212-4, CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS applies to this acquisition; 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMERCIAL ITEMS, applies to this acquisition including 52222-3 Convict Labor, 52.225-13 Restrictions on Certain Foreign Purchases, and 52.233-3 Protests after award; and, the following paragraph (b) clauses added: 52.222-21 Prohibition of Segregated Facilities (Feb 1999), 52.222-26 Equal Opportunity (E.O. 11246), 52.222-35 Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era; 52.222-37 Employment Reports on Disabled Veterans and Veterans of the Vietnam Era; 52.225-3 Buy American Act-North American Free Trade Agreement-Israeli Trade Act-Balance of Payments Program with alternate 1; 52.232-33 Payment by Electronic funds Transfer - Central Contractor Registration. Place of Performance:Pittsburgh Regional OfficeThree Parkway CenterPittsburgh, PA 15220 Address for Correspondence:DOI Office of Surface MiningAttn: Dawn Trudeau, Contracting OfficerPO Box 46667Denver, CO 800201 Invoicing Instructions: (Please mail all invoices to the following address, attention Michelle Dunahue.)United States Department of the InteriorOffice of Surface Mining Reclamation & EnforcementDivision of Financial ManagementPO Box 25065, Room 1501Denver Federal Center, Building 25Denver, CO 80225-0065 END OF COMBINED SYNOPSIS SOLICITATION.
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