SOLICITATION NOTICE
R -- LEGAL SERVICES - PUBLIC DEFENDER
- Notice Date
- 6/3/2016
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 541110
— Offices of Lawyers
- Contracting Office
- BIA EORO 00008 3100 WEST PEAK BOULEVARD Contracting Office Muskogee OK 74402 US
- ZIP Code
- 00000
- Solicitation Number
- A16PS00635
- Response Due
- 7/29/2016
- Archive Date
- 8/13/2016
- Point of Contact
- Impson, Katheryn
- Small Business Set-Aside
- Indian Small Business Economic Enterprises
- Description
- ALL QUESTIONS REGARDING THIS SOLICITAITON SHALL BE SUBMITTED VIA EMAIL TO Katheryn.impson@bia.gov. This procurement is being set aside for 100% Native American Owned Small Businesses: NOTICE OF INDIAN SMALL BUSINESS ECONOMIC ENTERPRISE 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. 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, you must complete and return 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, you must complete and return DIAR Clause 1452.280-4 (see attached). The associated North American Industry Classification System code (NAICS) is 541110 and the size standard is $11M 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(s) being requested and a written solicitation will not be issued. The Bureau of Indian Affairs (BIA) Eastern Oklahoma Regional Office intends to award a firm-fixed price contract in response to this Request for Quote (RFQ). Bureau of Indian Affairs, Tribal Government is requesting for a Public Defender for the Bureau of Indian Affairs/Eastern Oklahoma Regional Office, Miami Agency, Miami, OK. Contractor (hereinafter referred to as Public Defender) shall be responsible for the defense of all cases arising within the jurisdiction of the Eastern Oklahoma Region, Miami Agency ¿s Court of Indian Offenses, commonly referred to as CFR Court. Contractor shall perform services in accordance with the Statement of Work. DUE DATE: SUBMIT YOUR QUOTE BY Friday, July 29, 2016 at 12:00 NOON (CDT) p.m. Please reference solicitation A16PS00635. AWARD TYPE BIA intends to award one (1) Firm Fixed Price Contract with 1 Base year and 4 Options Years. INTERPRETATION OF THE SOLICITATION: NOTICE OF AMBIGUITIES It shall be the obligation of the potential Contractor to exercise due diligence to discover and to bring to the attention of Bureau of Indian Affair at the earliest possible time any ambiguities, discrepancies, inconsistencies, or conflicts in or between the statement of work, specifications and any other document RESTRICTIONS AGAINST DISCLOSURE The Contractor agrees, in the performance of this contract to keep in strict confidence the information furnished by Bureau of Indian Affairs and designated by the COR as public materials and information unless otherwise specified. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession. STATEMENT OF WORK PUBLIC DEFENDER Contractor hereinafter referred to as Public Defender shall be responsible for furnishing the necessary personnel, materials, equipment, supplies and/or facilities to perform the Public Defender Services in criminal, juvenile and minor in need of care cases for the Bureau of Indian Affairs, Eastern Oklahoma Region, Miami Agency ¿s Court of Indian Offenses located in Miami, Oklahoma. The Public Defender is primarily responsible for the defense of all cases arising within the jurisdiction of the Eastern Oklahoma Region, Miami Agency ¿s Court of Indian Offenses, commonly referred to as CFR Court. Specifically, the Public Defender is responsible for the following: 1.The defense of all criminal and juvenile cases in the Court. The Court Clerk under the direction of the Magistrate shall notify the Public Defender of cases assigned to him/her. 2.The defense of other cases of public interest, including Indian Child Welfare cases arising within the Court ¿s jurisdiction and Indian Child Welfare cases transferred to the Court pursuant to the Indian Child Welfare Act of 1978, 992 Sta. 3069, USC 1901-52 that may arise in Court. 3.Providing legal and technical opinions on questions of law and procedure to his/her clients. 4.Timely preparing the necessary legal documents in criminal, juvenile and Indian Child Welfare cases involving child welfare, neglect and abuse. 5.Defending and litigating criminal, juvenile and Indian Child Welfare cases involving child welfare neglect and abuse filed in the court. 6.Performing the normal duties associated with defending incidents to the orderly Trial of a criminal case by: i.Screening all case reports and incident reports for possible defense. ii.Gathering and analyzing evidence in cases and reviewing pertinent decisions, regulations, policies and other legal matters pertaining to the case. iii.Appearing for the accused in Court and presenting evidence before the Magistrate or Jury. 7.Working cooperatively with the FBI, BIA, and/or Tribal Law Enforcement personnel, Magistrates, Court Clerks, Tribal Officials, Regional Tribal Government Services Officer and Miami Agency Superintendent in the performance of above duties. 8.Public Defender shall perform the duties set out under this Statement of Work in a timely and responsible manner to assure the administration of justice within the Tribal community and be in attendance at court sessions. The Magistrate sets the date for the regular hearing days. 9.The Agency will furnish an area for the Public Defender ¿s use on days when the Public Defender is at the court. 10.Provide contact information including: home, office and cellular telephone numbers to the Court Clerk for distribution to clients for consultation and instruction purposes. Provide the Public Defender ¿s telephone number for client contact and not the CFR Court ¿s main number. The Court Clerk will not be responsible for receiving/delivering messages and will advise clients of the Public Defender ¿s telephone number where he/she can be reached, and that the Public Defender will only be available on days of court appearances. 11.The Public Defender will be present at the Miami Agency CFR Court a minimum of one (1) day a month from 10:00 a.m. to 4:00 p.m. or until excused by the Magistrate. Contingent upon available funds, Court days may be increased or decreased, contingent upon the availability of funds. The Public Defender will be notified in writing, thirty (30) days in advance should any modification be necessary. The contract will be adjusted on a pro rata basis, in accordance with the reimbursement provided for Public Defenders rate of pay. The one (1) day a month will be the actual court day for the Miami Agency CFR Court and is set by the Magistrate; the Public Defender will be notified in advance of the scheduled court date. 12.The Public Defender will also be required to serve as the Public Defender for Appeals Court under 25 CFR Part 11 and/or at the Appellate Judge ¿s discretion. 13.In the event a conflict of interest arises in performing duties under this contract, the court shall appoint an alternate Public Defender. The Public Defender shall compensate the alternate if the conflict is based on his/her practice or work. The court shall compensate the alternate in other instances of conflict. 14.If an alternate Public Defender shall be appointed prior approval must be given by the Magistrate and Miami Agency Superintendent; therefore, a written request must be made to the Miami Agency Superintendent. 15.If the contract provides for a Chief Defender and Assistants, the Chief Public Defender shall be on site on court days and at least one other day a month to review the work of any Assistant Public Defender, and to make court appearances in complicated type cases requiring an experienced public defender. 16.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. 17.The Government reserves the right to protect its interest. If the Contracting Officer determines that at any time during the period of performance that the Public Defender ¿s performance is substandard, the Contractor agrees to either correct the problem(s) immediately or supply a new Public Defender. PLACE OF PERFORMANCE: 34 "A" Street, NE (3rd Floor of the U.S. Postal Building) Miami, Oklahoma 74354 PERIOD OF PERFORMANCE The period of performance of the award will be October 1, 2016 through September 30, 2017. There will also be the potential for four (4) one year option periods. Each Option Year will be reviewed on an annual basis to determine if it is in the government best interest to extend the contract. Total possible performance for the contract is five (5) years. INSTRUCTIONS FOR SUBMITTING QUOTES All questions regarding this solicitation shall be submitted via email to Katheryn.impson@bia.gov before the closing date of this solicitation. Submission of quote shall only be accepted through email to Katheryn.impson@bia.gov. Please reference the solicitation in the subject line of the email. No late quote will be accepted. OFFER ACCEPTABLE PERIOD The offeror's quote shall be valid for sixty (60) calendar days after receipt of the offer by Bureau of Indian Affairs. PRICING 010: $________________Per Month x 12 months=___________ Base Year: 10/1/2016-9/30/2017 020: $________________Per Month x 12 months=___________ 52.232-19 Availability of Funds for the Next Fiscal Year Option Year: 10/1/2017-9/30/2018 030: $________________Per Month x 12 months=___________ 52.232-19 Availability of Funds for the Next Fiscal Year Option Year: 10/1/2018-9/30/2019 040: $________________Per Month x 12 months=___________ 52.232-19 Availability of Funds for the Next Fiscal Year Option Year: 10/1/2019-9/30/2020 050: $________________Per Month x 12 months=___________ 52.232-19 Availability of Funds for the Next Fiscal Year Option Year: 10/1/2021-9/30/2022 Total of Amount of _________________________ This solicitation requires registration with the System for Award Management (SAM) in order to be considered for award, pursuant to applicable regulations and guidelines. Registration information can be found at www.sam.gov. Registration must be "ACTIVE" at the time of award 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. (End of provision) 1452.280-2 Notice of Indian economic enterprise 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-Protege 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. FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the CO will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://acquisition.gov/far. CLAUSES INCORPORATED BY REFERENCE FAR 52.204-6 Data Universal Numbering System Number (JUL 2013) FAR 52.204-7 System of Award Management (JUL 2013) FAR 52.204-16 Commercial and Government Entity Code Reporting (JUL 2015) FAR 52.212-1 Instructions to Offerors Commercial Items (OCT 2015) FAR 52.202-1 Definitions (NOV 2013) FAR 52.203-3 Gratuities (APR 1984) FAR 52.203-16 Preventing Personal Conflicts of Interest (DEC 2011) FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirements to Inform Employees of Whistleblower Rights (APR 2014) FAR 52.204-4 Printed or Copied Double-sided on Postconsumer Fiber Content Paper (MAY 2011) FAR 52.204-12 Data Universal Numbering System Number Maintenance (DEC 2012) FAR 52.204-13 System for Award Management Maintenance (JUL 2013) FAR 52.204-14 Service Contract Reporting Requirements (JAN 2014) FAR 52.204-18 Commercial and Government Entity Code Maintenance (JAN 2014) FAR 52.204-19 Incorporation by Reference of Representations and Certifications FAR 52.209-6 Protecting the Government ¿s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) FAR 52.212-4 Contract Terms and Conditions Commercial Items (MAY 2015) with Alternate I (MAY 2014) FAR 52.217-2 Cancellation Under Multiyear Contracts (OCT 1997) CLAUSES IN FULL TEXT FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items (NOV 2015) (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (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) (Public Laws 108 77 and 108 78 (19 U.S.C. 3805 note)). (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: X (1) 52.203 6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). X (2) 52.203 13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)). __ (3) 52.203 15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111 5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) X (4) 52.204 10, Reporting Executive Compensation and First Tier Subcontract Awards (Oct 2015) (Pub. L. 109 82) (31 U.S.C. 6101 note). __ (5) [Reserved]. __ (6) 52.204 14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111 117, section 743 of Div. C). X (8) 52.209-6, Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). ¬ __ (14)(i) 52.219 6, Notice of Total Small Business Set-aside (Nov 2011) (15 U.S.C. 644). Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). _X_ (25) 52.222 3, Convict Labor (June 2003) (E.O. 11755). _X_ (26) 52.222 19, Child Labor Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). _X_ (27) 52.222 21, Prohibition of Segregated Facilities (Apr 2015). _X_ (28) 52.222 26, Equal Opportunity (Apr 2015) (E.O. 11246). _X_ (29) 52.222 35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212). _X_ (30) 52.222 36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). __ (31) 52.222 37, Employment Reports on Veterans (OCT 2015) (38 U.S.C. 4212). __ (32) 52.222 40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X (33)(i) 52.222 50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). __ (ii) Alternate I (Mar 2015) of 52.222 ¿50 (22 U.S.C. chapter 78 and E.O. 13627). _X_ (34) 52.222 54, Employment Eligibility Verification (OCT 2015). (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.) _X_ (38) 52.223 15, Energy Efficiency in Energy Consuming Products (DEC 2007) (42 U.S.C. 8259b). _X_ (39)(i) 52.223 16, Acquisition of EPEAT ® Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223 16. X (40) 52.223 18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). X (50) 52.232 33, Payment by Electronic Funds Transfer System for Award Management (Jul 2013) (31 U.S.C. 3332). (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 Contractors 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 (Oct 2015) (41 U.S.C. 3509). (iii) 52.222 17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222 17. (iv) 52.222 21, Prohibition of Segregated Facilities (Apr 2015) (v) 52.222 26, Equal Opportunity (Apr 2015) (E.O. 11246). (vi) 52.222 35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (vii) 52.222 36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222 37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212) (ix) 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 clause52.222 40. (x) 52.222 41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (xi) __(A) 52.222 50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78and E.O 13627). (xv) 52.222 55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658). (xvi) 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). (xvii) 52.226 6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226 6. 52.232-18 Availability of Funds. As prescribed in 32.706-1(a), insert the following clause: AVAILABILITY OF FUNDS (APR 1984) Funds are not presently available for this contract. The Governments obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. 52.232-19 Availability of Funds for the Next Fiscal Year As prescribed in 32.706-1(b), insert the following clause: AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) Funds are not presently available for performance under this contract beyond _9/30/16. The Government ¿s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond _9/30/16, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. 52.217-8 Option to Extend Services. As prescribed in 17.208(f), insert a clause substantially the same as the following: OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance here under shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within __30 days. 52.217-9 Option to Extend the Term of the Contract. As prescribed in 17.208(g), insert a clause substantially the same as the following: OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within ___7 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least __60 days_ before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed ___5 (years). 52.212-2 Evaluation -- Commercial Items (Oct 2014) (a) 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: Price, Technical capability of the item offered to meet the Government requirement and Past Performance Technical and past performance, when combined, are equal, when combined, compared to price. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offers specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. PAST PERFORMANCE Please provide (3) references associated with law practices with the federal contracts or law firms. The past performance will be used by the CO to determine that the Contractor is responsible according to the standards of FAR SubPart 9.1 Responsible Prospective Contractors Technical Experience Contractor shall be a licensed member of the Oklahoma Bar Association with experience in CFR courts, Federal Laws, Federal Codes, 25 CFR Part 11, CFR Courts regulation, and tribal laws of the five (5) Tribes within the Court ¿s jurisdiction. Contractor shall be knowledgeable in Criminal Law and Procedures, The Indian Child Welfare Act, and jurisdiction in Indian Country. Price The Contractor shall include the services as stated in the Statement of Work and solicitation.
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