SOLICITATION NOTICE
U -- Executive Leadership Development Program
- Notice Date
- 6/12/2014
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 611519
— Other Technical and Trade Schools
- 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
- HSCG23-14-R-PTW011
- Point of Contact
- Kelson A. Baker, Phone: 2024753716, Robert A. Mann-Thompson, Phone: 202-475-3252
- E-Mail Address
-
Kelson.A.Baker@uscg.mil, Robert.a.mann-thompson@uscg.mil
(Kelson.A.Baker@uscg.mil, Robert.a.mann-thompson@uscg.mil)
- Small Business Set-Aside
- N/A
- Description
- This acquisition is being issued in accordance with FAR Subpart 12. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The Request for Proposal number is HSCG23-14-R-PTW011. The NAICS code is 611519. This solicitation documents and incorporates provisions and clauses that are in effect through FAC 2005-74 (May 30, 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 a single Indefinite Delivery/Indefinite Quantity (IDIQ) contract to procure Executive Leadership Development for the U.S. Coast Guard Force Office of Leadership and Professional Development (CG-12C) with an order period of five years. This procurement will include a requirement for training services in support of Executive Leadership Development. A minimum of ten (10) students during the period of performance of the contract, and up to a maximum as stated below per year may be ordered. The guaranteed minimum order is ten (10) students during the period of performance of the contract. FAR 52.212-1 Instructions to Offerors - Commercial items (July 2013) and is supplemented as follows: Offerors shall submit an electronic version of their proposal in Adobe.pdf format submissions in other formats may not be considered. The proposal shall be submitted in three volumes: Volume 1: Technical Approach Offerors shall provide a detailed narrative demonstrating the understanding of the Performance Work Statement (PWS), the offeror's approach to performing the requirements, the offeror shall submit a course description or syllabus for the proposed class, and the resumes' of personnel designated Key in HSAR 3052.215-70. Volume 2: Relevant Past Performance The offeror shall provide past performance information for services directly related and relevant to the services to be performed under the PWS. To be considered relevant, the services must have been performed within the past three years. Offerors shall submit at least 3 relevant past performance references for contracts with the private industry or government instrumentalities (federal, state, or local). References shall include: 1. Name & contact information of the point of contract (PM/COR/COTR) 2. Name of Organization 3. A brief description of service 4. Contract Number 5. Status (Prime or Sub) 6. Contract Value 7. Contract Type 8. Period of Performance Volume 3: Price Offerors shall submit price proposals IAW the CLIN structure below. CLIN 00001 Description: Aspiring Leader Program (500926) Year 1 (PWS 5.0) Max Quantity: 3 Unit: Student Price: _________ CLIN 00002 Description: New Leader Program (NLP) (500917) Year 1 (PWS 5.0) Max Quantity: 4 Unit: Student Price: _________ CLIN 00003 Description: Executive Leadership Program (ELP) (500916) Year 1 (PWS 5.0) Max Quantity: 7 Unit: Student Price: _________ CLIN 00004 Description: Executive Potential Program (EPP) (500915) Year 1 (PWS 5.0) Max Quantity: 1 Unit: Student Price: _________ CLIN 10001 Description: Aspiring Leader Program (500926) Year 2 (PWS 5.0) Max Quantity: 3 Unit: Student Price: _________ CLIN 10002 Description: New Leader Program (NLP) (500917) Year 2 (PWS 5.0) Max Quantity: 4 Unit: Student Price: _________ CLIN 10003 Description: Executive Leadership Program (ELP) (500916) Year 2 (PWS 5.0) Max Quantity: 7 Unit: Student Price: _________ CLIN 10004 Description: Executive Potential Program (EPP) (500915) Year 2 (PWS 5.0) Max Quantity: 1 Unit: Student Price: _________ CLIN 20001 Description: Aspiring Leader Program (500926) Year 3 (PWS 5.0) Max Quantity: 3 Unit: Student Price: _________ CLIN 20002 Description: New Leader Program (NLP) (500917) Year 3 (PWS 5.0) Max Quantity: 4 Unit: Student Price: _________ CLIN 20003 Description: Executive Leadership Program (ELP) (500916) Year 3 (PWS 5.0) Max Quantity: 7 Unit: Student Price: _________ CLIN 20004 Description: Executive Potential Program (EPP) (500915) Year 3 (PWS 5.0) Max Quantity: 1 Unit: Student Price: _________ CLIN 30001 Description: Aspiring Leader Program (500926) Year 4 (PWS 5.0) Max Quantity: 3 Unit: Student Price: _________ CLIN 30002 Description: New Leader Program (NLP) (500917) Year 4 (PWS 5.0) Max Quantity: 4 Unit: Student Price: _________ CLIN 30003 Description: Executive Leadership Program (ELP) (500916) Year 4 (PWS 5.0) Max Quantity: 7 Unit: Student Price: _________ CLIN 30004 Description: Executive Potential Program (EPP) (500915) Year 4 (PWS 5.0) Max Quantity: 1 Unit: Student Price: _________ CLIN 40001 Description: Aspiring Leader Program (500926) Year 5 (PWS 5.0) Max Quantity: 3 Unit: Student Price: _________ CLIN 40002 Description: New Leader Program (NLP) (500917) Year 5 (PWS 5.0) Max Quantity: 4 Unit: Student Price: _________ CLIN 40003 Description: Executive Leadership Program (ELP) (500916) Year 5 (PWS 5.0) Max Quantity: 7 Unit: Student Price: _________ CLIN 40004 Description: Executive Potential Program (EPP) (500915) Year 5 (PWS 5.0) Max Quantity: 1 Unit: Student Price: _________ The length of the total quote inclusive of all volumes shall be no greater than 20 pages. A cover sheet, table of contents, and certification of clauses will not count against the total number of pages. Proposal Submission Deadline: 1300 ET on July 8, 2014 via the document submission option provided by FedBizOpps. Proposals submitted via other methods may not be considered. Question Submission Deadline: 1200 ET on June 18, 2014 via email to Kelson Baker at Kelson.A.Baker@uscg.mil. Offeror shall submit each volume as a separate document file. Additional terms, conditions and requirements that shall be submitted are as follows: The offerors shall sequentially number all pages of each volume. FAR 52.212-2, Evaluation - Commercial Items (JAN 1999) is applicable to this procurement. This is a best value acquisition using the trade-off approach. The USCG intends to award single award IDIQ resulting from this solicitation to the responsible offeror whose offer is most advantageous to the Government. Selection and award of the IDIQ Contract will be based in descending order of importance: 1) Technical Approach and Capability, 2) Relevant Past Performance, and 3) Price. Technical Approach and Capability is considered to be more important than Past Performance; however when combined they are significantly more important than price. As the Technical and Management Approach and Relevant Past Performance ratings converge, price may become more important The USCG will evaluate offers using the following evaluation criteria: Factor 1:Technical Approach The Government will evaluate each offeror's technical approach to determine their capability to meet, or exceed, the requirements outlined in the PWS this will include the evaluation of the understanding of the Performance Work Statement. An evaluation of the course description or syllabus to determine that all sections of the requirements have been met, and the resumes' of personnel designated Key in HSAR 3052.215-70 meet with the requirements set forth in Section 1.3. Factor 2: Relevant Past Performance The Government will evaluate relevant past performance IAW FAR 15.305 (a)(2). The USCG reserves the right to utilize past performance information other than the information submitted with the quotes received in conducting the evaluation. An offeror without a record of relevant past performance or for whom information on past performance is not available will not be evaluated favorably or unfavorably on past performance, but will receive a neutral rating. The USCG may consider past performance information regarding predecessor companies or subcontractors that will perform major or critical aspects of the requirement when such information is considered relevant. Factor 3: Price Offerors shall submit price proposals IAW the CLIN structure. Any material handling, G&A, or other related costs are to be included in the FFP per class. FAR 52.212-3 Offeror Representations and Certifications -- Commercial Items (Nov 2013) is applicable to this acquisition. FAR 52.212-4 Contract Terms and Conditions -- Commercial Items (Sep 2013) is applicable to this acquisition. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Jan 2014) (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: (1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). ____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). _X__ (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)). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). ___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). _X__ (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). ___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). _X__ (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). ___ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (13) [Reserved] ___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). ___ (ii) Alternate I (Nov 2011). ___ (iii) Alternate II (Nov 2011). ___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. ___ (16) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637 (d)(4)). ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (iv) Alternate III (July 2010) of 52.219-9. ___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). ___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). ___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (21) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ___ (ii) Alternate I (June 2003) of 52.219-23. ___ (22) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (23) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). ___ (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). ___ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). ___ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). _X__ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X__ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). _X__ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X__ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X__ (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). ___ (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). ___ (34) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). ___ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). ___ (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (39) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). ___ (ii) Alternate I (Dec 2007) of 52.223-16. _X__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011). ___ (41) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d). ___ (42) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Nov 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). ___ (ii) Alternate I (Mar 2012) of 52.225-3. ___ (iii) Alternate II (Mar 2012) of 52.225-3. ___ (iv) Alternate III (Nov 2012) of 52.225-3. ___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ___ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2303 Note). ___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). ___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X__ (50) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (51) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (52) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332). ___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). ___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.). ___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). ___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.). ___ (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). ___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). ___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 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)). (ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.) (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.) (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.) (xii) 52.222-54, Employment Eligibility Verification (Aug 2013). (xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) 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 address: http://farsite.hill.af.mil/vffar1.htm 52.203-7 Anti-Kickback Procedures (October 2010); 52.233-2 Service of Protest (Sept 2006); 52.227-14 Rights in Data General (Dec 2007); 52.233-4 Applicable law for Breach of Contract Claim (Oct 2004); 52.244-6 Subcontracts for Commercial Items (Dec 2010); and 52.252-6 Authorized Deviations in Clauses (Apr 1984); HSAR 3052.247-72 - F.O.B. destination only. (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 EA of the listed CLIN, 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 30 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. HSAR 3052.209-72 ORGANIZATIONAL CONFLICT OF INTEREST (JUN 2006) (a) Determination. The Government has determined that this effort may result in an actual or potential conflict of interest, or may provide one or more offerors with the potential to attain an unfair competitive advantage. The nature of the conflict of interest and the limitation on future contracting, if applicable, will be specified on each task order. (b) If any such conflict of interest is found to exist, the Contracting Officer may (1) disqualify the offeror, or (2) determine that it is otherwise in the best interest of the United States to contract with the offeror and include the appropriate provisions to avoid, neutralize, mitigate, or waive such conflict in the contract awarded. After discussion with the offeror, the Contracting Officer may determine that the actual conflict cannot be avoided, neutralized, mitigated or otherwise resolved to the satisfaction of the Government, and the offeror may be found ineligible for award. (c) Disclosure: The offeror hereby represents, to the best of its knowledge that: ___ (1) It is not aware of any facts which create any actual or potential organizational conflicts of interest relating to the award of this contract, or ___ (2) It has included information in its proposal, providing all current information bearing on the existence of any actual or potential organizational conflicts of interest, and has included a mitigation plan in accordance with paragraph (d) of this provision. (d) Mitigation. If an offeror with a potential or actual conflict of interest or unfair competitive advantage believes the conflict can be avoided, neutralized, or mitigated, the offeror shall submit a mitigation plan to the Government for review. Award of a contract where an actual or potential conflict of interest exists shall not occur before Government approval of the mitigation plan. If a mitigation plan is approved, the restrictions of this provision do not apply to the extent defined in the mitigation plan. (e) Other Relevant Information: In addition to the mitigation plan, the Contracting Officer may require further relevant information from the offeror. The Contracting Officer will use all information submitted by the offeror, and any other relevant information known to DHS, to determine whether an award to the offeror may take place, and whether the mitigation plan adequately neutralizes or mitigates the conflict. (f) Corporation Change. The successful offeror shall inform the Contracting Officer within thirty (30) calendar days of the effective date of any corporate mergers, acquisitions, and/or divestures that may affect this provision. (g) Flow-down. The contractor shall insert the substance of this clause in each first tier subcontract that exceeds the simplified acquisition threshold. (End of clause) HSAR 3052.215-70, KEY PERSONNEL OR FACILITIES (DEC 2003) (a) The personnel or facilities specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel or facilities, as appropriate. (b) Before removing or replacing any of the specified individuals or facilities, the Contractor shall notify the Contracting Officer, in writing, before the change becomes effective. The Contractor shall submit sufficient information to support the proposed action and to enable the Contracting Officer to evaluate the potential impact of the change on this contract. The Contractor shall not remove or replace personnel or facilities until the Contracting Officer approves the change. The Key Personnel or Facilities under this Contract: Program Manager (End of clause) HSAR 3052.242-72 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-9131) Ombudsman Program for Agency Protests 1900 Half Street, SW, Room 11-0602 Washington, D. C. 20593-0001 FAX: 202.475.3904 The Ombudsman Hotline telephone number is 202.372.3695 Contracting Office Address: USCG Headquarters (CG-9121) 2100 2nd St. SW Washington, DC 20593-0001 Point of Contact: Robert A. Mann-Thompson Contracting Officer Robert.A.Mann-Thompson@uscg.mil Phone: 202-475-3781 Point of Contact: Kelson A. Baker Contract Specialist (CTR) Kelson.A.Baker@uscg.mil Phone: 202-475-3716 Performance Work Statement Dated: 06/09/2014 1.0 GENERAL. 1.1 SCOPE. The purpose of this Performance Work Statement (PWS) is to contract training and the associated support services for the United States Coast Guard (Coast Guard) Office of Leadership and Professional Development (CG-12C). The purpose of this Firm Fixed Price (FFP) contract is to obtain contractor technical and administrative support services for USCG Professional Development courses. 1.2 BACKGROUND. The Coast Guard sends its aspiring and current leaders through vigorous training and workshops to prepare them for future roles they will fulfill in the USCG. To that end the USCG has engaged Graduate School USA for the training of its personnel. 1.3 CONTRACTOR PERSONNEL. 1.3.1 Project Manager. The Contractor shall provide a Project Manager who shall be responsible for all Contractor work performed under this task order. The Project Manager is further designated as Key by the Government (see PWS 1.4). 1.3.1.1 The Project Manager shall be a single point of contact for the Contracting Officer (KO) and the Contracting Officer's Representative (COR). It is anticipated that the Project Manager shall be one of the senior level employees provided by the Contractor for this work effort. The name of Project Manager, and the name(s) of any alternate(s) who shall act for the Contractor in the absence of the Project Manager, shall be provided to the Government as part of the Contractor's proposal. During any absence of the Project Manager, only one alternate shall have full authority to act for the Contractor on all matters relating to work performed under this task order. Additionally, the Contractor shall not replace the Project Manager without prior acknowledgement from the KO. 1.3.1.2 The Project Manager shall be available to the COR via telephone between the specified hours of operation found below (See PWS 1.8), and shall respond to a request for discussion or resolution of technical problems within 24 hours of notification. 1.3.1.3 College degree and three years experience in the management of training contracts. Four years of related work experience may be substituted for a college degree. 1.3.1.4 The Project Manager is designated Key by the government. 1.3.2 Qualified Personnel. The Contractor shall provide qualified personnel to perform all requirements specified in this PWS. 1.4KEY PERSONNEL. Before replacing any individual designated as Key by the Government, the Contractor shall notify the KO no less than 15 business days in advance, submit written justification for replacement, and provide the name and qualifications of any proposed substitute(s). All proposed substitutes shall possess qualifications equal to or superior to those of the Key person being replaced. The Contractor shall not replace Key Contractor personnel without acknowledgment from the KO. 1.5 SECURITY. There are no security requirements in this contract. 1.6 PERIOD OF PERFORMANCE. The period of performance is a twelve (12) month base period of performance and four (4) twelve (12) month options. 1.7 PLACE OF PERFORMANCE. The primary place of performance will be at the Contractor's facilities. 1.8 HOURS OF OPERATION. Classes shall generally be taught between the hours of 0800 and 1700 local time, Monday through Friday (except Federal holidays). 1.9 TRAVEL. Contractor travel is not required. 1.10 KICK-OFF MEETING. The purpose of the Kick-Off Meeting, which will be chaired by the KO, is to discuss technical and contracting objectives of this Performance Work Statement. The Kick-Off Meeting will be held at the Government's facility, or via teleconference, no later than five (5) business days after the date of award. 1.11 SECTION 508 COMPLIANCE Section 508 of the Rehabilitation Act (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998 (P.L. 105-220), August 7, 1998, requires that when Federal agencies develop, procure, maintain, or use electronic and information technology, they must ensure that it is accessible to people with disabilities, unless it would pose an undue burden to do so. Federal employees and members of the public who have disabilities must have access to and use of information and services that is comparable to the access and use available to non-disabled Federal employees and members of the public. All electronic and information technology (EIT) deliverables within this work statement shall comply with the applicable technical and functional performance criteria of Section 508 unless exempt. Specifically, the following applicable standards have been identified: 36 CFR 1194.22 - Web-based Intranet and Internet Information and Applications, applies to all Web-based deliverables, including documentation and reports procured or developed under this work statement. When any Web application uses a dynamic (non-static) interface, embeds custom user control(s), embeds video or multimedia, uses proprietary or technical approaches such as, but not limited to, Flash or Asynchronous Javascript and XML (AJAX) then "1194.21 Software" standards also apply to fulfill functional performance criteria. 36 CFR 1194.31 - Functional Performance Criteria, applies to all EIT deliverables regardless of delivery method. All EIT deliverable shall use technical standards, regardless of technology, to fulfill the functional performance criteria. 36 CFR 1194.41 - Information Documentation and Support, applies to all documents, reports, as well as help and support services. To ensure that documents and reports fulfill the required "1194.31 Functional Performance Criteria", they shall comply with the technical standard associated with Web-based Intranet and Internet Information and Applications at a minimum. In addition, any help or support provided in this work statement that offer telephone support, such as, but not limited to, a help desk shall have the ability to transmit and receive messages using TTY. Exceptions for this work statement have been determined by DHS and only the exceptions described herein may be applied. Any request for additional exceptions shall be sent to the COTR and determination will be made in accordance with DHS MD 4010.2. DHS has identified the following exceptions that may apply: 36 CFR 1194.2(b) - (COTS/GOTS products), When procuring a product, each agency shall procure products, which comply with the provisions in this part when such products are available in the commercial marketplace or when such products are developed in response to a Government solicitation. Agencies cannot claim a product as a whole is not commercially available because no product in the marketplace meets all the standards. If products are commercially, available that meet some but not all of the standards, the agency must procure. 2.0 GOVERNMENT TERMS & DEFINITIONS. 2.1CORContracting Officer's Representative 2.2 KOContracting Officer 2.3USCGUnited States Coast Guard 3.0 GOVERNMENT FURNISHED RESOURCES. There will be no government furnished resources for this contract. 4.0 CONTRACTOR FURNISHED PROPERTY. The Contractor shall furnish all facilities, materials, equipment, and services necessary to fulfill the requirements, except for the Government Furnished Resources specified in PWS 3.0 of this performance work statement. 5.0 COURSE REQUIREMENTS. Contractor shall provide courses that meet the requirements stated below: 5.1 ASPIRING LEADER PROGRAM This 2 month program shall be designed to enhance the following competencies: Accountability and Responsibility; Followership; Self Awareness and Learning; Aligning Values; Health and Well Being; Personal Conduct and Technical proficiency. It will also include oral and written communication, problem solving, leadership, interpersonal skills, self-direction, flexibility, customer service, and decisiveness. Participants should be able to strengthen basic competencies in team and managerial skill so that they are able to excel in their current job and be competitive for promotion opportunities. There will be a one week residential training session each month. 5.2 NEW LEADER PROGRAM This 6 month program shall enhance leadership competencies: Effective communication; Influencing Others; Respect for Others and Diversity management; Team Building; Taking care of people; that will teach them how to apply the skills they learn in real world situations. Participants shall gain knowledge and practice skills that will help them develop into effective leaders. This program will offer participants a developmental assignment. There will be a 360 report to reveal additional critical training needed. There will be 3 - one week residential training sessions offered and rotated throughout the CONUS. 5.3 EXECUTIVE LEADERSHIP PROGRAM This 6 month program shall enhance leadership competencies: Effective communication; Influencing Others; Respect for Others and Diversity management; Team Building; Taking care of people; that will teach them how to apply the skills they learn in real world situations. Participants shall gain knowledge and practice skills that will help them develop into effective leaders. This program will offer participants a developmental assignment. There will be a 360 report to reveal additional critical training needed. There will be 3 - one week residential training sessions offered and rotated throughout the CONUS. 5.4 EXECUTIVE POTENTIAL PROGRAM This 1 year program shall be designed to develop senior-level public service employees into more effective leaders. The program should be based on the Office of Personnel Management's Executive Core Qualifications (ECQs) and the Coast Guard's/DHS leadership competencies. To include competencies that will enhance leadership skills such as creativity and innovation, External awareness, conflict management, team building, customer service, accountability, financial management, human resource management, partnering/networking. Participants are required to attend four one-week residential training sessions. There will be a 360 report to identify additional critical training that may necessary. This program will offer participants two developmental assignments. The 4 - one week residential training sessions will rotate its offerings throughout the CONUS. 5.4 COURSE MATERIALS / SUPPLIES The contractor shall provide a course workbook for each student. Supporting material such as handouts, slides, PowerPoint presentations, and other instructional material shall be included in the workbooks. 5.5 COURSE CERTIFICATES. The contractor shall provide certificates attesting to the satisfactory completion of the course. The certificate shall include official logos for the U.S. Coast Guard and U.S. Department of Homeland Security. The certificates shall also include, at a minimum, the course title, date of completion and signatures of the contractor's Director of Training (or equivalent) and the contractor's instructor. The contractor shall provide the certificate to the attendee, with a copy to the COR, no later than fifteen (15) days after the course ends. 5.6 CLASS SCHEDULE AND ROSTER The COR, or a person designated by the COR, will coordinate the course dates with the contractor and at no time will a course be requested less than 120 days prior to the proposed convening date. The COR, or a person designated by the COR, will provide the Contractor, at least two week prior to each course convening, the student roster that includes student name and rank, unit name and the student's e-mail address. 6.0 REFERENCES. None 7.0 DELIVERABLES The Contractor shall consider items in BOLD as having mandatory due dates. Items noted as "COR Checkpoints" are deliverables or events that must be reviewed and approved by the COR prior to proceeding to next deliverable or event in this PWS. ITEMPWSDELIVERABLE / EVENTDUE BY 11.10Kick-Off Meeting No later than five (5) business days after the date of the award 25.1Aspiring Leader ProgramAs scheduled and agreed upon 35.2 New Leader ProgramAs scheduled and agreed upon 45.3Executive Leadership ProgramAs scheduled and agreed upon 55.4Executive Potential ProgramAs scheduled and agreed upon 76.0Course CertificatesNLT fifteen (15) business days after completion of course 8.0 PERFORMANCE REQUIREMENTS SUMMARY Performance standards for each task order are as outlined below: ITEMOBJECTIVEPERFORMANCE STANDARDSURVEILLANCE PLAN 1Proficient Training MethodsContractor shall maintain 75% or greater pass rate for all Executive Development Courses 100% COR Surveillance
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