SOLICITATION NOTICE
R -- Prosecutorial Services for the Eastern Nevada Goshute Tribe - Attachment
- Notice Date
- 3/24/2015
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 541199
— All Other Legal Services
- Contracting Office
- BIA SPRO 00003 100 NORTH RIVERSIDE DRIVE Contracting Office Anadarko OK 73005-0368 US
- ZIP Code
- 00000
- Solicitation Number
- A15PS00338
- Response Due
- 4/8/2015
- Archive Date
- 4/23/2015
- Point of Contact
- Wahkinney, Margie
- Small Business Set-Aside
- Total Small Business
- Description
- A15PS00338 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and will be evaluated based on qualifications, past experience and price. The Bureau of Indian Affairs (BIA), Southern Plains Regional Office intends to award a firm-fixed price contract in response to this Request for Proposals (RFP) for the Prosecutorial Services for the Eastern Nevada Goshute Tribe for the Bureau of Indian Affairs, Branch of Tribal Government. The Contractor shall furnish the necessary transportation, personnel, materials and equipment to perform the duties of the Prosecutorial services for the Eastern Nevada Goshute Tribe. The solicitation number for this procurement is A15PS00338 and is issued as a Request for Proposals (RFP). The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 05-74 dated November 1, 2014. This solicitation is an Indian Small Business Economic Enterprise (ISBEE) set-aside. Under the Buy Indian Act, 25 U.S.C 47, offers are solicited only from Indian economic enterprises (Subpart 1480.8) that are also small business concerns. Any acquisition resulting from this solicitation will be from such a concern. Offers received from enterprises that are not both Indian economic enterprises and small business concerns will not be considered and will be rejected. As part of your proposal, you must complete and return DIAR Clause 1452.280-4 (see below in clauses/provisions). Proposals will only be accepted from licensed attorneys, law firms and tribal advocates. The qualifications of Tribal Court Advocates are defined for the purposes of the proposed contract as graduates of an accredited law school with at least a 2.0 GPA and at least 2 years experience in tribal or CFR courts, or participants who are certified as completing a recognized tribal court advocate program and at least 4 years experience in tribal or CFR Courts. Applicants must be knowledgeable in Criminal Law and Procedures, the Indian Child Welfare Act, and jurisdiction in Indian Country; may not have any misdemeanors in the past five years or any felonies in any jurisdiction. The associated North American Industry Classification System code is 541199 and the small business size standard is $11.0 Mil. PRICE SCHEDULE: the proposed pricing must be all inclusive (to include but not be limited to travel, lodging, per diem, fringe benefits, federal, state, and local taxes) plus all other costs pertinent to the performance of this contract. Please complete the following pricing schedule utilizing your most competitive and reasonable quarterly rate: 1. Prosecutorial Services (Base Year 04/13/15 - 03/31/2016) 4 quarters per year x $_________________ per quarter = $___________________ per year Option Year One (04/01/2016 - 03/31/2017) 4 quarters per year x $_________________ per quarter = $___________________ per year Option Year Two (04/01/2017 - 03/31/2018) 4 quarters per year x $_________________ per quarter = $___________________ per year Option Year Three (04/01/2018 - 03/31/2019) 4 quarters per year x $_________________ per quarter = $___________________ per year Option Year Four (04/01/2019 - 03/31/2020) 4 quarters per year x $_________________ per quarter = $___________________ per year PURPOSE: The Prosecutor is primarily responsible for the prosecution of all criminal cases arising within the jurisdiction of the Tribe. The Prosecutor represents the Tribe in court, provides legal expertise, guidance in procedural handling, and prosecutes complex cases. Specifically, the contractor is responsible for the following: 1.The prosecution of all criminal cases set for trial following a "not guilty" plea by defendants. The Magistrate will notify the Prosecutor of cases assigned to him/her. 2.The prosecution of other cases such as juvenile cases and (ICW) Indian Child Welfare cases arising within the court's jurisdiction and ICW cases transferred to the court pursuant to the ICW Act of 1978 (92 Stat. 3069, 25 U.S.C. 1901-52), as assigned by the Magistrate. 3.Assisting the Bureau of Indian Affairs (BIA), ICW and the Tribal Law Enforcement Programs by: a.Providing the legal and technical assistance on the questions of law; b.Performs legal research and prepares court documents and presents his case in court; c.Coordinating investigations with the Bureau and/or Tribal Law Enforcement Personnel on criminal complaints and incidents on trust lands as necessary for trial; d.Coordinating investigations with the Bureau and/or Tribal Social Services Personnel, ICW, or Law Enforcement Personnel concerning child welfare complaints and incidents on trust land; e.Prosecuting and litigating criminal and ICW cases involving child-welfare, neglect, and abuse filed in court; 4.Performing the duties associated with prosecuting incidents to the orderly trial of a criminal case by: a.Screening and processing citizen complaints; b.Screening and processing complaints for child welfare, neglect and abuse; c.Responsible for the paper work, this includes doing investigations and making drafts of legal documents; verifies medical files, organizes all files, and keeps track of the interrogations in both parties; d.Timely prepares the necessary legal documents for trial such as complaints, warrants, petitions, subpoenas and summons for court action in criminal and ICW involving child welfare, neglect, and abuse; e.Interviewing complainants, witnesses, and defendants; f.Performs legal research and prepares court documents and presents his case in court. 5.Works cooperatively with the FBI, BIA, Tribal and/or other Federal Law Enforcement personnel as well as Court staff and Community Services Officer in the performance of the above duties 6.The Prosecutor shall perform the duties set out under this Scope of Work in a timely and responsible manner to assure the administration of justice within the Tribal community and be in attendance at all court sessions. The Magistrate sets the date for the quarterly court hearings. 7.The Eastern Nevada Goshute Tribe will furnish an area for the Prosecutor's use on days when the Prosecutor is at the court. 8.The Prosecutor shall remain at the CFR Court for the Goshute Skull Valley Tribe a minimum of 3 hours. 9.The Prosecutor must provide a home, office and cell telephone number to the Tribal Government Officer. The Court Clerks will not be responsible for receiving/delivering messages and will advise clients of Prosecutor's office number where he/she can be reached, and that the Prosecutor will only be available on days of court appearances. 10.In the event, the Prosecutor decides to hire an assistant to assist in performing duties under this contract; the prosecutor shall do so at their own expense. 11.A background security investigation will be required on all non-federal government personnel not appointed by the court. Successful completion of a background investigation and favorable adjudication is required. PERIOD OF PERFORMANCE: If the Contractor's Background Investigation is favorable, work shall begin in April 2015 through March 31, 2016, with four (4) option years, Subject to FAR Clause 52.232-19, Availability of Funds for the Next Fiscal Year. PHYSICAL LOCATION: Work will be performed at the CFR court for the Skull Valley Goshute Tribe. SCHEDULE: The Contractor shall appear in the Goshute Tribal court every quarter as determined by the Magistrate. SECURITY: Contractor is expected to successfully pass the Federal background clearance for a position designated of "non-sensitive low risk." Contractor will have contact with children, as well as to Federal IT systems and facilities. FAR Provision 52.212-1, Instructions to Offerors-Commercial Items, applies to this acquisition. FAR Provision 52.212-2, Evaluation - Commercial -- The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Technical Capability (Qualifications), Past Experience and Price. Technical and Past Performance, when combined, are equal to price. Offerors must include a completed copy of FAR Provision 52.212-3, Offeror Representations and Certifications-Commercial Items, with its offer. FAR Clause 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition. FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition. The clauses cited within the clause as indicated below are applicable: FAR clauses 52.217-8, 52.217-9, 52.219-6, 52.219-8, 52.222-3, 52.222-19, 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.223-15, 52.223-18, 52.225-1, 52.225-3, 52.225-13, 52.232-16, 52.232-33, 52.233-4, 52.243-1 and 52.244-6. 1452.226-70 Indian Preference - Department of the Interior (APR 1984) 1452.226-71 Indian Preference Program - Department of the Interior (APR 1984) 1452.280-1 Notice of Indian Small Business Economic Enterprise Set-Aside (JUL 2013) Under the Buy Indian Act, 25 U.S.C. 47, offers are solicited only from Indian economic enterprises (Subpart 1480.8) that are also small business concerns. Any acquisition resulting from this solicitation will be from such a concern. Offers received from enterprises that are not both Indian economic enterprises and small business concerns will not be considered and will be rejected. 1452.280-2 Notice of Indian Economic Set-Aside (JUL 2013) (a) Definitions as used in this clause. Indian means a person who is a member of an Indian Tribe or "Native" as defined in the Alaska Native Claims Settlement Act (PL 92-203; 85 Stat. 688; 43 U.S.C. 1601). Indian Economic Enterprise means any business activity owned by one or more Indians or Indian Tribes that is established for the purpose of profit, provided that: (i) The combined Indian or Indian Tribe ownership shall constitute not less than 51 percent of the enterprise; (ii) The Indians or Indian Tribes shall, together, receive at least a majority of the earnings from the contract; and (iii) The management and daily business operations of an Indian economic enterprise must be controlled by one or more individuals who are members of an Indian Tribe. To ensure actual control over the enterprise, the individuals must possess requisite management or technical capabilities directly related to the primary industry in which the enterprise conducts business. The enterprise must meet these requirements throughout the following time periods: (1) At the time an offer is made in response to a written solicitation; (2) At the time of contract award; and, (3) During the full term of the contract. Indian Tribe means an Indian Tribe, band, nation, or other recognized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians, including any Alaska Native village, regional or village corporation established under the Alaska Native Claims Settlement Act (PL 92-203, 85 Stat. 688; 43 U.S.C. 1601). Representation means the positive statement by an enterprise of its eligibility for preferential consideration and participation for acquisitions conducted under the Buy Indian Act, 25 U.S.C. 47, in accordance with the procedures in Subpart 1480.8. (b) General. (1) Under the Buy Indian Act, offers are solicited only from Indian economic enterprises. (2) BIA will reject all offers received from ineligible enterprises. (3) Any award resulting from this solicitation will be made to an Indian economic enterprise, as defined in paragraph (a) of this clause. (c) Required Submissions. In response to this solicitation, an offeror must also provide the following: (1) A description of the required percentage of the work/costs to be provided by the offeror over the contract term as required by section 1452.280-3, Subcontracting Limitations clause; (2) A description of the source of human resources for the work to be performed by the offeror; (3) A description of the method(s) of recruiting and training Indian employees, indicating the extent of soliciting employment of Indian persons, as required by DIAR 1452.226-70, Indian Preference, or DIAR 1452.226-71, Indian Preference Program, clause(s); (4) A description of how subcontractors (if any) will be selected in compliance with the "Indian Preference" or "Indian Preference Program" clause(s); (5) The names, addresses, and descriptions of work to be performed by Indian persons or economic enterprises being considered for subcontracts (if any) and the percentage of the total direct project work/costs they would be performing; (6) Qualifications of the key personnel (if any) that will be assigned to the contract; and (7) A description of method(s) for compliance with any supplemental Tribal employment preference requirements, if contained in this solicitation. (d) Required Assurance. The offeror must provide written assurance to the Indian Affairs that it will comply, or has, complied fully with the requirements of this clause. It must do this before Indian Affairs awards the Buy Indian contract, and upon successful and timely completion of the contract, but before the Indian Affairs Contracting Officer (CO) accepts the work or product. (e) Non-responsiveness. Failure to provide the information required by paragraphs (c) and (d) of this clause may cause Indian Affairs to find an offer non-responsive and to reject it. (f) Eligibility. (1) Participation in the Mentor-Protégé Program established under section 831 of the National Defense Authorization Act for Fiscal Year 1991 (25 U.S.C. 47 note) does not render an Indian economic enterprise ineligible for contracts awarded under the Buy Indian Act. (2) If a contractor no longer meets the definition of an Indian economic enterprise after award, the contractor must notify the CO in writing. The notification must include full disclosure of circumstances causing the contractor to lose eligibility status and a description of any actions that the contractor will take to regain eligibility. Failure to give the CO immediate written notification means that: (i) The economic enterprise may be declared ineligible for future contract awards under this part; and (ii) Indian Affairs may consider termination for default if it is in the best interest of the government. 1452.280-3 Subcontracting Limitations (JUL 2013) (a) Definitions as used in this clause. (1) Concern means any business entity organized for profit (even if its ownership is in the hands of a nonprofit entity) with a place of business located in the United States or its outlying areas and that makes a significant contribution to the U.S. economy through payment of taxes and/or use of American products, material and/or labor, etc. It includes but is not limited to an individual, partnership, corporation, joint venture, association, or cooperative. For the purpose of making affiliation findings (see 19.101) any business entity, whether organized for profit or not, and any foreign business entity, i.e., any entity located outside the United States and its outlying areas. (2) Subcontract means any agreement (other than one involving an employer-employee relationship) entered into by a Government prime contractor or subcontractor calling for supplies and/or services required for performance of the contract, contract modification, or subcontract. (3) Subcontractor means a concern to which a contractor subcontracts any work under the contract. It includes subcontractors at any tier who perform work on the contract. (b) Required Percentages of work by the concern. The contractor must comply with FAR 52.219-14 Limitations on subcontracting clause in allocating what percentage of work to subcontract. Of the work subcontracted, no more than 50 percent may be subcontracted to a concern other than a responsible Indian economic enterprise. (c) Indian Preference. Regardless of the contract type for services, supplies, or covered construction, the contractor agrees to give preference to Indian organizations and Indian owned economic enterprises in awarding subcontracts under this contract in accordance with DIAR 1452.226-71, Indian Preference. (d) Cooperation. The contractor must: (1) Carry out the requirements of this clause to the fullest extent; and (2) Cooperate in any study or survey that the CO, Indian Affairs, or its agents may conduct to verify the contractor's compliance with this clause. (e) Incorporation in Subcontracts. The contractor must incorporate the substance of this clause, including this paragraph (e), in all subcontracts for supplies, services, and construction awarded under this contract. 1452.280-4 Indian Economic Enterprise Representation (JUL 2013) The offeror represents as part of its offer that it [ ] does [ ] does not meet the definition of Indian economic enterprise as defined in 1480.201. (End of provision) Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013) Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP). "Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov. Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: The Contractor must email the COTR and Contracting Officer a copy of the IPP invoice. The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012. (a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor. (b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns. (c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. Award can only be made to contractors actively registered in SAM. Proposals are due 8 April 2015 at 17:00 (CDT). Proposals may be accepted by email at Margie.wahkinney@bia.gov or faxed to (405) 247-2242. For information concerning this solicitation, please contact Margie M. Wahkinney at 405-247-1575 or use the above email address. Offerors should check the FedBizOpps/FedConnect websites often for new solicitation amendments.
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