SOLICITATION NOTICE
U -- GED Testing Supplies & Services - Attachments
- Notice Date
- 5/24/2012
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 611710
— Educational Support Services
- Contracting Office
- Department of Justice, Bureau of Prisons, Acquisitions Branch, 320 First Street, NW, Washington, District of Columbia, 20534
- ZIP Code
- 20534
- Solicitation Number
- RFP-NAS-0168-2012
- Archive Date
- 8/6/2012
- Point of Contact
- Kristina M Sullivan, Phone: 202-616-6150
- E-Mail Address
-
k2sullivan@bop.gov
(k2sullivan@bop.gov)
- Small Business Set-Aside
- N/A
- Description
- Attachment VII, Wage Determination No. 2005-2103 Attachment VI, Subcontracting Plan Attachment V, Business Management Questionnaire Attachment IV, Sample Bank Notification Letter Attachment III, Past Performance Questionnaire Attachment II, Statement of Work Attachment I, Schedule of Items The Federal Bureau of Prisons (BOP) intends to award a sole source contract action to the General Educational Development Testing Service, LLC (GEDTS) of Washington, D.C. for the General Educational Development (GED) testing supplies and services for inmates in the custody of the BOP. The contractor will be responsible for providing credentials similar to recognized high school diplomas which are recognized by all U.S. Territories, military services, overseas installations, and U.S. State education systems; all materials necessary for the administration of the GED test program; scoring and score record keeping services; statistical reports; and a designated full-time staff member or project manager. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) 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 is being issued as Request for Proposal (RFP) RFP-NAS-0168-2012. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-59. The North American Industry Classification System Code (NAICS) is 611710 which has a size standard of $7.0 million. The Schedule of Items (Attachment I) and the Statement of Work (Attachment II) provides and lists descriptions of the required items with quantity estimates. National Acquisition & Systems Section, Washington, DC intends to make a single award of a firm-fixed price, indefinite delivery, requirements type contract to GEDTS. The contractor shall commence full performance of services under this contract upon award of the contract, which is anticipated on or about July 1, 2012. In accordance with FAR 46.503 and 46.403(a)(6), the place of acceptance for supplies and services under this contract is at the destination, various BOP locations throughout the US and areas to include Hawaii and Puerto Rico. The periods of performance of the resulting contract shall be as follows: Base Period - July 1, 2012 through December 31, 2012; Option Period One (1) - January 1, 2013 through December 31, 2013; Option Period Two (2) - January 1, 2014 through December 31, 2014. All responsible sources may submit a capability statement, proposal which shall be considered by the agency. This notice is not a request for competitive proposals. CONTRACT CLAUSES: ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Items (FEB 2012) The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR Clause 52.212-4 (FEB 2012). 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): www.acquisition.gov/far Upon request the contracting officer shall provide the full text of any clause incorporated by reference. 52.204-4, Printed or Copied Double-Sided on Post Consumer Fiber Content Paper (MAY 2011); 52.212-4, Contract Terms and Conditions-Commercial Items (FEB 2012); 52.224-1, Privacy Act Notification (APR 1984); 52.224-2, Privacy Act (APR 1984); 52.227-14, Rights in Data - General (DEC 2007); 52.232-18, Availability of Funds (APR 1984); 52.242-13, Bankruptcy (JUL 1995); 52.242-15, Stop Work Order (AUG 1989); 52.244-5, Competition in Subcontracting (DEC 1996); 52.253-1, Computer Generate Forms (JAN 1991). The following clauses although incorporated by reference into the solicitation will be incorporated into a resultant contract in full text with applicable fill-in information as noted: 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (MAY 2012)(b) (1) 52.203-6; (4) 52.204-10; (6) 52.209-6; (7) 52.209-9; (8) 52.209-10; (14) 52.219-8; (15) (i) 52.219-9 and (iii) Alternate II of 52.219-9; (18) 52.219-16; (23) 52.219-28, (26) 52.222-3; (27) 52.222-19, (28) 52.222-21; (29) 52.222-26; (30) 52.222-35; (31) 52.222-36; (32) 52.222-37; (33) 52.222-40; (38) 52.223-18; (39) 52.225-1; (42) 52.225-13; (47) 52.232-33; (50) 52.239-1; (c) (1) 52.222-41, (3) 52.222-43. 52.216-18, Ordering (OCT 1995) - (a) from the first day of effective performance period through the last day of the effective performance period. 52.216-19 Order Limitations (Oct 1995) - (a) less than one line item; (b) (1) the estimated quantities identified in the Schedule of Items within the current performance period; (3) 30 days (d) 5 days 52.216-21 Requirements (Oct 1995) - (f) after the last day of the effective performance period. 52.217-8 Option to Extend Services (Nov 1999) - prior to expiration of the current performance period. 52.217-9 Option to Extend the Term of the Contract (Mar 2000) - (a) prior to expiration of the current performance period; 60 days (c) two & a half (2.5) years. 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) Employee Class Monetary Wage -- Fringe Benefits Data Entry Operator I 14.38 Administrative Assistant 31.41 Shipping Packer 15.09 Order Filler 13.83 Computer Operator I 18.92 Technical Instructor 25.08 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) - beyond September 30 of the Base Year or any option year exercised; beyond September 30 of the Base Year or any option year exercised Contract Monitor (CM) (AUG 2008) a) Huilan Larson, BOP GED Administrator, 320 First Street, NW, Washington, DC, (202) 305-3808, is hereby designated as the Contract Monitor (CM) under this contract. b) The CM is responsible, as applicable for: receiving all deliverables; inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contractor effort; fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment. c) The CM does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes. (End of clause) Security of Systems and Data, Including Personally Identifiable Information (MAR 2008) a. Systems Security: The work to be performed under this contract requires the handling of data that originated within the Department, data that the contractor manages or acquires for the Department, and/or data that is acquired in order to perform the contract and concerns Department programs or personnel. For all systems handling such data, the contractor shall comply with all security requirements applicable to Department of Justice Systems, including by not limited to all Executive Branch system security requirements (e.g., requirements imposed by OMB and NIST), DOJ IT Security Standards and DOJ Order 2640.2E. The contractor shall provide DOJ access to and information regarding the contractor's systems when requested by the Department in connection with its efforts to ensure compliance with all such security requirements, and shall otherwise cooperate with the Department in such efforts. DOJ access shall include independent validation testing of controls, system penetration testing by DOJ, FISMA data reviews, and access by the DOJ Office of the Inspector General for its reviews. The use of contractor-owned laptops or other media storage devices to process of store data covered by this clause is prohibited until the contractor provides a letter to the Contracting Officer (CO) certifying the following requirements: 1. Laptops must employ encryption using a NIST Federal Information Processing Standard (FIPS) 140-2 approved product; 2. The contractor must develop and implement a process to ensure that security and other applications software is kept up-to-date; 3. Mobile computing devices will utilize anti-viral software and a host-based firewall mechanism; 4. The contractor shall log all computer-readable data extracts from databases holding sensitive information and verify each extract including sensitive data has been erased within 90 days or its use is still required. All DOJ information is sensitive information unless designated as non-sensitive by the Department; 5. Contractor-owned removable media, such as removable hard drives, flash drives, CDs, and floppy disks, containing DJB data, shall not be removed from DOJ facilities unless encrypted using a NIST FIPS 140-2 approved product; 6. When no longer needed, all removable media and laptop hard drives shall be processed (sanitized, degaussed, or destroyed) in accordance with security requirements applicable to DOJ; 7. Contracting firms shall keep an accurate inventory of devices used on DOJ contracts; 8. Rules of behavior must be signed by users. These rules shall address at a minimum: authorized and official use; prohibition against unauthorized users; and protection of sensitive data and personally identifiable information. 9. All DOJ data will be removed from contractor-owned laptops upon termination of contractor work. This removal must be accomplished in accordance with DOJ IT Security Standard requirements. Certification of data removal will be performed by the Contractor's project manager and a letter confirming certification will be delivered to the CO within 15 days of termination of contractor work. b. Data Security: By acceptance of, or performance on, this contract, the contractor agrees that with respect to the data identified in paragraph a, in the event of any actual or suspected breach of such data (i.e., loss of control, compromise, unauthorized disclosure, access for an unauthorized purpose, or other unauthorized access, whether physical or electronic), the contractor will immediately (and in no event later than within one hour of discovery) report the breach to the DOJ CO and the contracting officer's technical representative (COTR). If the data breach occurs outside of regular business hours and/or neither the CO or the COTR can be reached, the contractor shall call the DOJ Computer Emergency Readiness Team (DOJCERT) at 1-866-US4-CERT (1-866-874-2378) within one hour of discovery of the breach. The contractor shall also notify the CO as soon as possible during regular business hours. c. Personally Identifiable Information Notification Requirement: The contractor further certifies that it has a security policy in place that contains procedures to promptly notify any individual whose personally identifiable information (as defined by OMB) was, or is reasonably believed to have been, breached. Any notification shall be coordinated with the Department, and shall not proceed until the Department has made a determination that notification would not impede a law enforcement investigation or jeopardize national security. The method and content of any notification by the contractor shall be coordinated with, and be subject to the approval, of the Department. The contractor assumes full responsibility for taking corrective action consistent with the Department's Data Breach Notification Procedures, which may include offering credit monitoring when appropriate. d. Pass-through of Security Requirements to Subcontractors The requirements set forth in Paragraphs a through c above, apply to all subcontractors who perform work in connection with this contract. For each subcontractor, the contractor must certify that it has required the subcontractor to adhere to all such requirements. Any breach by a subcontractor of any of the provisions set forth in this clause will be attributed to the contractor. (End of Clause) Information Resellers or Data Brokers (MAR 2008) Under this contract, the Department obtains personally identifiable information about individuals from the contractor. The contractor hereby certifies that it has a security policy in place which contains procedures to promptly notify any individual whose personally identifiable information (as defined by OMB) was, or is reasonably believed to have been, lost or acquired by an unauthorized person while the data is under the control of the contractor. In any case in which the data that was lost or improperly acquired reflects or consists of data that originated with the Department, or reflects sensitive law enforcement or national security interest in the data, the contractor shall notify the Department Contracting Officer so that the Department may determine whether notification would impede a law enforcement investigation or jeopardize national security. In such cases, the contractor shall not notify the individuals until it receives further instruction from the Department. (End of Clause) Evaluation of Contractor Performance Utilizing CPARS (April 2011) The services, although not directly supervised, shall be reviewed by Federal Bureau of Prisons (BOP) staff to ensure contract compliance. The contractor's performance will be evaluated in accordance with FAR 42.15. Contract monitoring reports will be prepared by the Contracting Officer's Technical Representative (COTR) or Contract Monitor (CM) and maintained in the contract file. In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit it to the Part Performance Information Retrieval System (PPIRS). The BOP utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to provide contractor performance evaluations. The contractor shall provide and maintain a current e-mail address throughout the life of the contract. The contractor will receive an e-mail from the Focal Point thru the following website address webptsmh@navy.mil when the contractor is registered in CPARS. The e-mail will contain a "user ID" and temporary password to register in the CPARS system. The contractor must be registered to access and review its evaluation and/or provide a response. If assistance is required when registering, please contact the Contracting Staff/Focal Point. (End of Clause) SOLICITATION PROVISIONS: ADDENDUM TO FAR 52.212-1, Instructions to Offerors -Commercial Items (FEB 2012) The terms and conditions for the following provisions are herby incorporated into this solicitation as an addendum to FAR provision 52.212-1. 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): www.acquisition.gov/far 52.209-7, Information Regarding Responsibility Matters (Feb 2012); 52.212-1, Instructions to Offerors-Commercial Items (FEB 2012); 52.212-3, Offeror Representations and Certifications -Commercial Items (Apr 2012); 52.216-1, Type of Contract (APR 1984) - firm-fixed price, indefinite-delivery, requirements type contract; 52.217-5 Evaluation of Options (JUL 1990); 52.233-2 Service of Protest (SEPT 2006) - (a) Procurement Executive, BOP, 320 First Street, N.W., Room 5005, Washington, DC 20534. TAILORING: In accordance with FAR 12.302(a), the provision at 52.212-1 is hereby tailored to modify the following elements of the provision. At paragraph c, "Period of Acceptance of Offers", the amount of time the offeror agrees to hold the prices in its offer is changed to 60 days from the date specified for receipt of offers. Delete paragraphs at d, h, and I as they have been determining to be non-applicable to this solicitation. 2852.233-70 Protests Filed Directly with the Department of Justice (JAN 1998) (a)The following definitions apply in this provision: (1) "Agency Protest Official" means the official, other than the contracting officer, designated to review and decide procurement protests filed with a contracting activity of the Department of Justice. (2) "Deciding Official" means the person chosen by the protestor to decide the agency protest; it may be either the Contracting Officer or the Agency Protest Official. (3) "Interested Party" means an actual or prospective offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract. (b) A protest filed directly with the Department of Justice must: (1) Indicate that it is a protest to the agency. (2) Be filed with the Contracting Officer. (3) State whether the protestor chooses to have the Contracting Officer or the Agency Protest Official decide the protest. If the protestor is silent on this matter, the Contracting Officer will decide the protest. (4) Indicate whether the protestor prefers to make an oral or written presentation of arguments in support of the protest to the deciding official. (5) Include the information required by FAR 33.103(d)(2): (i) Name, address, facsimile number and telephone number of the protestor. (ii) Solicitation or contract number. (iii) Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protestor. (iv) Copies of relevant documents. (v) Request for a ruling by the agency. (vi) Statement as to the form of relief requested. (vii) All information establishing that the protestor is an interested party for the purpose of filing a protest. (viii) All information establishing the timeliness of the protest. (c) An interested party filing a protest with the Department of Justice has the choice of requesting either that the Contracting Officer or the Agency Protest Official decide the protest. (d) The decision by the Agency Protest Official is an alternative to a decision by the Contracting Officer. The Agency Protest Official will not consider appeals from the Contracting Officer's decision on an agency protest. (e) The deciding official must conduct a scheduling conference with the protestor within five (5) days after the protest is filed. The scheduling conference will establish deadlines for oral or written arguments in support of the agency protest and for agency officials to present information in response to the protest issues. The deciding official may hear oral arguments in support of the agency protest at the same time as the scheduling conference, depending on availability of the necessary parties. (f) Oral conferences may take place either by telephone or in person. Other parties may attend at the discretion of the deciding official. (g) The protestor has only one opportunity to support or explain the substance of its protest. Department of Justice procedures do not provide for any discovery. The deciding official may request additional information from either the agency or the protestor. The deciding official will resolve the protest through informal presentations or meetings to the maximum extent practicable. (h) An interested party may represent itself or be represented by legal counsel. The Department of Justice will not reimburse the protester for any legal fees related to the agency protest. (i) The Department of Justice will stay award or suspend contract performance in accordance with FAR 33.103(f). The stay or suspension, unless over-ridden, remains in effect until the protest is decided, dismissed, or withdrawn. (j) The deciding official will make a best effort to issue a decision on the protest within twenty (20) days after the filing date. The decision may be oral or written. (k) The Department of Justice may dismiss or stay proceeding on an agency protest if a protest on the same or similar basis is filed with a protest forum outside the Department of Justice. (End of provision) Faith-Based and Community-Based Organization (AUG 2005) Faith-based and Community-based organizations can submit offers/bids/quotations equally with other organizations for contracts for which they are eligible. (End of provision) Additional Contract Requirements: Contractors are advised that the Contracting Officer will verify registration in the Central Contractors Registration database (www.ccr.gov) and the Online Representations and Certifications Application (orca.bpn.gov) prior to award of any contract, by entering the potential awardee DUNS number into each database. Contractors are further advised to mark each individual item within their offer considered privileged or confidential under the Freedom of Information Act with notification that the data is considered confidential and privileged and not subject to mandatory disclosure under the FOIA. Contract Pricing - Contract pricing shall be per unit of each line item identified in the Schedule of Items (Attachment I) provided. Contract pricing shall include all charges to the Government for the provision of the GED testing (e.g. overheard, profit, maintenance, shipping, etc.). The Government reserves the right to award without discussion; therefore, the contractor's initial proposal should contain the best terms from a price standpoint. Pricing Methodology - The quantity of supply to be provided by the contractor is estimated and is not a representation to an offeror or contractor that the estimated quantities will be required or ordered or that conditions affecting requirements will be stable or normal. Pursuant to FAR 17.203(b), the Government's evaluation of offers shall be inclusive of options. Pursuant to FAR 17.203(d), the offeror may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered. This estimate is not a representative to an offeror or contractor that the estimated quantity will be required or ordered or that conditions affecting requirements will be stable or normal. (FAR 16.503(a)(1)). Ordering Official: Delivery orders may be issued only by the Contracting Officer, Administrative Contracting Officer with an appropriate certificate of appointment. Non-Personal Services Status - Award of this contract will result in a contractual arrangement only and shall not be construed as a personnel appointment with the Federal Bureau of Prisons. The services shall not constitute an employer/employee relationship. Payments to the Contractor shall be based on the provision of an end product of the accomplishment of a specific task. Results are to be obtained within the Contractor's own unsupervised determination. The Contractor will not be subject to Government supervision but its efforts will be monitored for quality assurance. SUBMISSION OF OFFERS: On letterhead or business stationary, the following information is required: 1) The solicitation number; 2) The time specified in the solicitation for receipt of offers; 3) The name, address, and telephone number of the offeror including contractor's DUNS number; 4) A technical description of the items/services being offered in detail to evaluate compliance with the requirements in the solicitation and Statement of Work (Attachment II). This may include product literature, or other documents, if necessary; 5) Terms of any express warranty; 6) Price and any discount terms, contractor should submit pricing using the Schedule of Items detailed on Attachment I; 7) "Remit to" address, if different than mailing address; 8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offer shall complete electronically); Also FAR 52.209-7 Information Regarding Responsibility Matters (FEB 2012) needs completed as applicable; 9) Acknowledge of Solicitation Amendments, if any; 10) In regards to past performance information, please provide the Past Performance Questionnaire (Attachment III) to the three most recent, current or complete contracts and subcontracts occurring during the past five years that are like or similar in nature to the services required in the Statement of Work. Contracts listed may include those entered into with Federal Government, agencies of state and local government and commercial entities. General performance information shall be obtained from the references using the attachment provided. It is the offeror's responsibility to provide the questionnaire to the three contractors to complete and return to the offeror for submittal along with their proposal. 11) The offeror shall also submit the Business Management Questionnaire (Attachment V) and provide the contact information for a financial reference. The offeror shall utilize the Sample Bank Notification Letter provided in Attachment IV, or a similar letter, to send to their bank references. Also, please provide a copy of the letter with your proposal; 12) The offeror must submit a Subcontracting Plan (Attachment VI) along with their proposal; 13) The offeror must follow the conformance process and identify conformed occupations as stated in Attachment VII, Wage Determination No. 2005-2103; 14) Since the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. List of Attachments: Attachment I, Schedule of Items Attachment II, Statement of Work Attachment III, Past Performance Questionnaire Attachment IV, Sample Bank Notification Letter Attachment V, Business Management Questionnaire Attachment VI, Subcontracting Plan Attachment VII, Wage Determination No. 2005-2103 Proposals may submitted electronically to k2sullivan@bop.gov or may be received at the following address of the issuing contracting office: Federal Bureau of Prisons, National Acquisitions & Systems Section, 320 First Street, NW, Room 5005, Washington, DC 20534. Proposals must be received no later than 3:00 p.m. local time on Tuesday, June 5, 2012. Questions regarding this requirement may be directed in writing to Kristina Sullivan, Contracting Officer, at the e-mail addressed listed in this notice. The Contracting Officer may also be contacted by phone at (202) 616-6150.
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