SOLICITATION NOTICE
U -- Locksmith Training
- Notice Date
- 6/17/2016
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 611699
— All Other Miscellaneous Schools and Instruction
- Contracting Office
- Department of Justice, Bureau of Prisons, Acquisitions Branch, 320 First Street, NW, Washington, District of Columbia, 20534
- ZIP Code
- 20534
- Solicitation Number
- RFQ0700NAS160971A
- Archive Date
- 9/30/2016
- Point of Contact
- Donna K Grube, Phone: 202-616-6150, Michael Bodine, Phone: 202-616-6150
- E-Mail Address
-
dgrube@bop.gov, mbodine@bop.gov
(dgrube@bop.gov, mbodine@bop.gov)
- Small Business Set-Aside
- N/A
- Description
- Federal Bureau of Prisons National Acquisitions Room 5005 320 FIRST STREET NW WASHINGTON, DC 20534 Responses are due by July 6, 2016; 12:00pm EST. 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 a written solicitation will not be issued. RFQ0700NAS160971A is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-88-1. This solicitation is unrestricted and not set aside for small business. NAICS Code: (iv) A notice regarding any set-aside and the associated NAICS 611699, size standard 11.0. Contract Line Items: 0001 Locksmith training. Quantities are estimated. Base Period: Date of Award through 12 months. 2.000000 Each Unit $ Total Price$ 0002 Locksmith training. Quantities are estimated. Option Period One: Month 13 through Month 24. 2.000000 Each Unit $ Total Price$ 0003 Locksmith training. Quantities are estimated. Option Period Two: Month 25 through Month 36. 1.000000 Each Unit $ Total Price$ 0004 Locksmith training. Quantities are estimated. Option Period Three: Month 37 through Month 48. 1.000000 Each Unit $ Total Price$ 0005 Locksmith training. Quantities are estimated. Option Period Four: Month 49 through Month 60. 1.000000 Each Unit $ Total Price$ Locksmith Training Course Statement of Work The Bureau of Prisons (Bureau) has a requirement for locksmith training tailored to a correctional/jail or high security environment. Contractor shall provide curriculum, training materials, training aids, proficiency testing, certificates and instructor. Training shall not exceed, 8 hours per day/58 hours total. Training will normally be conducted Tuesday thru Friday of week one and continue the following Monday thru Thursday morning of week two. Training will not be conducted during weekends. Classes will typically be held at the Management & Specialty Training Center in Aurora, CO; however, the Bureau reserves the right to change location with 60 days' notice. Class size will generally be limited to 20 participants. Classes will be held one at a time but classes may be consecutive. The first class is tentatively scheduled before September 30, 2016. Location will be determined within 2 weeks of award. Instructors are required to have relevant experience training locksmith courses. The experience must demonstrate a high level of proficiency in locksmith skills and instructing locksmithing courses. There must be continued client post training support service to participants who have completed the course. Curriculum Objective - At a minimum, acquire proficient locksmith knowledge and practical application of skills with detention, institutional, commercial locks as follows: Cutting keys (detention, institutional and common commercially available keys) Maintaining key machines Identifying key blanks (by manufacturer, design and type) Use locksmith equipment and tools to measure cylinders, calculating shear lines, measure and identify top pins and bottom pins, decode key cut depth and spacing. Have knowledge to service, maintain, key and rekey pin tumbler locks. Use locksmith equipment and tools to measure cylinders, calculating shear lines, measure and identify top pins and bottom pins, decode key cut depth and spacing. Have knowledge to service, maintain, key and rekey institutional (Mogul) locks. Identify one and two way detention lock key ways and key codes. Identify detention lock levers by manufacturer code. Identify key cut depth and spacing (decode keys). Service, maintain, key and re-key detention locks. Perform basic Safe Lock servicing and combination change for the S&G 6730 and combo/mode change for the KABA X0 series locks. Minimum Curriculum Requirements: A lesson plan will include: Length of time Instructor to participant ratio Objectives: 1, 2, etc. Method of evaluation: exercise, knowledge check Prerequisites for lesson Instructional equipment required for the lesson, as well as practical application of the lesson and skill, i.e. video equipment, handout, manual; chapter, tools, lock/locks, keys etc. required for lesson. The lesson plan will account for all information presented for the 58 hour course. Final exam questions and proficiency knowledge checks: The proficiency knowledge checks will be pass/fail. The final knowledge exam will be conducted at the conclusion of the course. The final knowledge exam will consist of 40-50 multiple choice questions, with no more than 50 questions. Reference material (manual) must be made available for each student. Current reference material with regular updates will be included with the information presented to the class. A course training certificate will be provided for each participant who successfully completes the course. ORDERING: Services will be ordered by the issuance of a Task Order by an authorized contracting officer. INVOICING: Invoices must be sent to Central Office at the address on the contract. FAR 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition and a statement regarding any addenda to the provision. The provision at 52.212-1 is hereby tailored to modify paragraph (b) "Submission of Offers." As a minimum, quoters shall submit all of the following documentation: • Quotes shall be organized into two sections labeled Management Quote and Technical Quote. Please note that only the Technical Quote section will be evaluated for technical factors. Quoters should ensure ALL necessary technical information for technical evaluation is included in this section and all areas of the Statement of Work should be addressed. There shall be no pricing or performance information included in the technical quote section of the file. • Quotes shall be submitted on 2 CD-ROMs in.pdf format containing both the Business Proposal and the Technical Proposal on each CD. • Completed SF-1449 (blocks 12, 17a, 17b, 23, 24, 30a, 30b and 30c) • Include DUNS # and email information in Block 17a of the SF-1449 • Completed Schedule of Supplies/Services • Complete all Clauses/Provisions requiring offeror completion including FAR 52.212-3 Offeror Representations and Certifications, if required. • Signed copy of any solicitation amendments • Completed Federal Bureau of Prisons Service Contract Business Management Questionnaire • 1 Copy of every Client and Bank Notification Letters Quotes shall be submitted to: Federal Bureau of Prisons National Acquisitions Section - Room 5005 320 First Street, NW Washington, DC 20534 Attn: Donna Grube, Contracting Officer Quoters who fail to follow any of the above submission requirements may be excluded from consideration. Quotes must be received in the contracting office on or before the solicitation deadline. It is the Quoter's sole responsibility to ensure their quotes are received on time and attachments are accessible and legible. Hard copy quotes will not be accepted. 1.0 General Information This acquisition will utilize Trade Off source selection procedures. Award will be made to the Quoter whose quote represents the best value to the government, is deemed responsible and whose quote conforms to the solicitation requirements. The Government reserves the right to award without discussions. Therefore, each initial quote should contain the Quoter's best terms from a price and technical stand point. However, the Government reserves the right to conduct discussions if determined to be in the Government's best interest by the Source Selection Authority (SSA). 1.1 Number and type of award: The Government intends to select one contractor to provide the services covered herein under a firm, fixed priced requirements contract with options. However, the Government reserves the right to make no award, depending on the quality of quotes and prices submitted. 1.2 Rejection of Unrealistic Offers: The Government may reject any quote that is evaluated to be unrealistic in terms of program commitments, including contract terms and conditions or unrealistically high or low in price when compared to Government estimates, such that the quote is deemed to reflect an inherent lack of competence or failure to comprehend the complexity and risks of program. 2.0 Technical Evaluation The Government will award a contract resulting from this solicitation to the responsible offeror whose quote conforming to the solicitation will be most advantageous to the Government. All non-price evaluation factors are approximately equal to price. The following factors shall be used to evaluate offers: Factor 1 - Technical Factor 2 - Past Performance Factor 3 - Price 2.1 Evaluation Methodology: Evaluation will be an assessment of the quote and each quoter's ability to perform the prospective delivery order successfully. The Bureau will evaluate all competitive quotes and then assess their relative qualities solely on the factors and sub-factors specified in the solicitation. Evaluations will note the strengths, deficiencies, significant weaknesses, and risks of each quote. 2.2 Technical Factor: The Quoter's technical submission must convey to the Government that the quoter is capable, possesses adequate technical expertise and experience, possesses sufficient resources, and is able to plan, organize, and use those resources in a coordinated and timely fashion to meet the needs of the Government. All sections of the Statement of work should be addressed. Significant sub-factors: 1a - Relevant Instructor Experience 1b - Client Support Post Training 1c - Lesson Plan, Objectives, Student Materials 1d - Training Methods 1e - Training Aids 1f - Practical Application All technical factors are equal in importance. 2.3 Past Performance Past performance will be evaluated based on the following factors demonstrated during the offeror's performance of services similar to this requirement. The currency and relevance of the information, source of the information, context of the data and general trends in contractor's performance shall be considered. The government may utilize any means at it's disposal to evaluate past performance. 2.2 Price The offeror's price will be evaluated based upon the total evaluated price. The total evaluated price will be calculated as the sum of the proposed prices for CLINS (base period and all option periods. In addition to reject any unrealistic quotes, the Government may also determine a quote unacceptable should the proposed prices, be materially unbalanced. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more items is significantly overstated or understated as indicated by the application of price analysis techniques. Proposed prices will be evaluated for reasonableness. For a price to be reasonable, it shall represent a price to the Government that a prudent person would pay when consideration is given to prices in the market. Price reasonableness may be established by adequate price competition or price analysis techniques. FAR 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition. FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition, including the following: 52.203-6 Restrictions on Subcontractor Sales to the Government (SEPT 2006), w/Alternate I (OCT 1995)(41 U.S.C. 4704 and 10 U.S.C. 2402) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2015) (Pub.L.109-282) (31 U.S.C.6101 note). 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) (31 U.S.C. 6101 note). 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (If offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). 52.219-8 Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)). 52.219-28 Post Award Small Business Program Representation (JUL 2013) (15 U.S.C. 632(a)(2)). 52.222-3 Convict Labor (JUNE 2003) (E.O. 11755). 52.222-19 Child Labor-Cooperation with Authorities and Remedies (JAN 2016) (E.O. 13126). 52.222-21 Prohibition of Segregated Facilities (APR 2015). 52.222-26 Equal Opportunity (APR 2015)(E.O. 11246). 52.222-35 Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212). 52.222-36 Equal Opportunities for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). 52.222-37 Employment Reports on Veterans (OCT 2015) (38 U.S.C. 4212). 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). 52.222-50, Combatting Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627 52.222-54 Employment Eligibility Verification (OCT 2015) (E.O. 12989). 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). 52.232-29 Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (JUL 2013) (31 U.S.C. 3332). 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C.206 and 41 chapter. GS-11 52.222-43 Fair Labor Standards and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). Additional contract requirement(s) or terms and conditions: DJAR-PGD-15-02-2A Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - Award (DEVIATION 2015-02) (March 2015) (a) None of the funds made available by the Department's current Appropriations Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with a corporation - (1) convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or (2) that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (b) By accepting this awared or order, in writing or by performance, the offeror/contractor represents that- (1) the offeror is not a corporation convicted of a felony criminal violation under any Federal or State law within the preceding 24 months; and, (2) the offeror is not a corporation that has any unpaid Federal or State tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (End of Clause) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) - 30 days. 5 years. (End of clause) 52.217-8 Option to Extend Services (Nov 1999) - 1 day. (End of clause) DJAR-PGD-15-02-2B Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Award - (DEVIATION 2015-02) (March 2015) By accepting this award or order, the contractor certifies that it does not require empolyees or contractors of the contractor seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting waste, fraud, and abuse to a designated investigative or law enorcement representative of a Federal department or agency authorized to receive such information. (End of Clause) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) (a) "Unsafe condition" as used in this clause means the actual or potential exposure of contractor or Government employees to a hazardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other material or working condition designated by the Contracting Officer's Technical Representative (COTR) as potentially hazardous and requiring safety controls. (b) The Occupational Safety and Health Administration (OSHA) is responsible for issuing and administering regulations that require contractors to apprise its employees of all hazards to which they may be exposed in the course of their employment; proper conditions and precautions for safe use and exposure; and related symptoms and emergency treatment in the event of exposure. (c) Prior to commencement of work, contractors are required to inspect for and report to the contracting officer or designee the presence of, or suspected presence of, any unsafe condition including asbestos or other hazardous materials or working conditions in areas in which they will be working. (d) If during the performance of the work under this contract, the contractor or any of its employees, or subcontractor employees, discovers the existence of an unsafe condition, the contractor shall immediately notify the contracting officer, or designee, (with written notice provided not later than three (3) working days thereafter) of the existence of an unsafe condition. Such notice shall include the contractor's recommendations for the protection and the safety of Government, contractor and subcontractor personnel and property that may be exposed to the unsafe condition. (e) When the Government receives notice of an unsafe condition from the contractor, the parties will agree on a course of action to mitigate the effects of that condition and, if necessary, the contract will be amended. Failure to agree on a course of action will constitute a dispute under the Disputes clause of this contract. (f) Nothing contained in this clause shall relieve the contractor or subcontractors from complying with applicable Federal, State, and local laws, codes, ordinances and regulations (including the obtaining of licenses and permits) in connection with hazardous material including but not limited to the use, disturbance, or disposal of such material. (End of Clause) 52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004) For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commitment, individuals or contractor employees providing services must have: 1. Legally resided in the United States (U.S.); 2. worked for the U.S. overseas in a Federal or military capacity; or 3. been a dependent of a Federal or military employee serving overseas. If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current information regarding allied countries: http://www.opm.gov/employ/html/citizen.htm By signing this contract or commitment document, or by ommencing performance, the contractor agrees to this restriction. [End of Clause] 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005) Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I. 1. Long-Term Contractor Personnel: In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 contractor employee whose background investigation (BI) process begins on or after October 27, 2005: a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form I-9, OMB No. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture ID); b. Contractor Personnel must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed sometime during the clearance process but prior to badge issuance and must be documented by the DOJ official; c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position. Outlined below are the minimum BI requirements for each risk level: • High Risk - Background Investigation (5 year scope) • Moderate Risk - Limited Background Investigation (LBI) or Minimum Background Investigation (MBI) • Low Risk - National Agency Check with Inquiries (NACI) investigation d. The pre-appointment BI waiver requirements for all position sensitivity levels are a: 1) Favorable review of the security questionnaire form; 2) Favorable fingerprint results; 3) Favorable credit report, if required;3 4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level; and 5) Favorable review of the National Agency Check (NAC) 4 portion of the applicable BI that is determined by position sensitivity/risk level. A badge may be issued following approval of the above waiver requirements. If the NAC is not received within five days of OPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau of Investigation Criminal History Check (i.e., fingerprint check results). e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges issued under these procedures will be suspended or revoked. 2. Short-Term Contractor Personnel: It is the policy of the DOJ that short-term contractors having access to DOJ information systems and/or DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items 1a. and 1b. above. The pre-appointment waiver requirements for short-term contractors are: a. Favorable review of the security questionnaire form; b. Favorable fingerprint results; c. Favorable credit report, if required;5 and d. Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commensurate BI does not need to be initiated. A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of issuance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PIV-I identity proofing process. For example, if a contractor employee requires daily access for a three or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a second request is submitted for the same contractor employee within a twelvemonth period for the purpose of extending the initial contract or for employment under a totally different contract for another three orfour-week period, this contractor would now be considered "long-term" and must be cleared according to the long-term requirements as stated in this interim policy. 3. Intermittent Contractors: An exception to the above-mentioned short-term requirements would be intermittent contractors. a. For purposes of this policy, "intermittent" is defined as those contractor employees needing access to DOJ information systems and/ or DOJ facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For example, the water delivery contractor that delivers water one time each week and is working on a one-year contract. b. Contractors requiring intermittent access should follow the Department's escort policy. Please reference the August 11, 2004, and January 29, 2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted access. c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contractor, the same pre-employment background investigation waiver requirements that apply to short-term contractors are required. d. If an intermittent contractor is approved for unescorted access, the contractor will only be issued a daily badge. The daily badge will be issued upon entrance into a DOJ facility or space and must be returned upon exiting the same facility or space. e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year. 4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated BI meeting HSPD-12 and DOJ's BI requirements. 5. The DOJ's current escorted contractor policy remains unchanged by this acquisition notice. Notes: 1. FIPS 201 is available at: www.csrc.nist.gov/publications/fips/fips201/FIPS-201-022505.pdf 2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-I identity proofing process, including initiation and adjudication of the required background investigation, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-II) requires badge issuance to all affected long-term contractors. 3. For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the preappointment waiver package. 4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations to OPM. Per OPM ' s instructions, to obtain an Advance NAC Report, a Code " 3" must be placed in block " B " of the " Agency Use Only " section of the investigative form. This report is available for all case types. 5.For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the preappointment waiver package. [End of Clause] 52.21-603-70 Contracting Officer's Representative (COR) (June 2012) (a)Greg Gard,CHIEF, ARMORY & LOCK TECHNLGY SECTION, Washington, DC,202-353-4200 ggard@bop.gov, is hereby designated as the Contracting Officer's Representative (COR) under this contract. (b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provide hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the con- tractor effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment. (c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical disc ssions it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes. 52.203-3 Gratuities (APR 1984) 52.212-4 Contract Terms and Conditions - Commercial Items (MAY 2015) 52.216-18 Ordering (OCT 1995) 52.216-19 Order Limitations (OCT 1995) - 1, 5, 5, 30, 30. 52.216-21 Requirements (OCT 1995) 52.232-18 Availability of Funds (APR 1984) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.233-3 Protest After Award (AUG 1996) 52.242-13 Bankruptcy (JUL 1995) 52.244-2 Subcontracts (OCT 2010) 52.252-2 Clauses Incorporated By Reference (FEB 1998) 52.253-1 Computer Generated Forms (JAN 1991) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) (a) The following definitions apply in this provision: (1) "Agency Protest Official" means the official, other than the contracting officer, designated to review and decide procurement protests filed with a contracting activity of the Department of Justice. (2) "Deciding Official" means the person chosen by the protestor to decide the agency protest; it may be either the Contracting Officer or the Agency Protest Official. (3) "Interested Party" means an actual or prospective offeror whose direct economic interest would be affected by the award of a con- tract or by the failure to award a contract. (b) A protest filed directly with the Department of Justice must: (1) Indicate that it is a protest to the agency. (2) Be filed with the Contracting Officer. (3) State whether the protestor chooses to have the Contracting Officer or the Agency Protest Official decide the protest. If the protest- or is silent on this matter, the Contracting Officer will decide the protest. (4) Indicate whether the protestor prefers to make an oral or written presentation of arguments in support of the protest tothe deciding official. (5) Include the information required by FAR 33.103(d)(2): (i) Name, address, facsimile number and telephone number of the protestor. (ii) Solicitation or contract number. (iii) Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protestor. (iv) Copies of relevant documents. (v) Request for a ruling by the agency. (vi) Statement as to the form of relief requested. (vii) All information establishing that the protestor is an interested party for the purpose of filing a protest. (viii) All information establishing the timeliness of the protest. (c) An interested party filing a protest with the Department of Justice has the choice of requesting either that the Contracting Officer or the Agency Protest Official decide the protest. (d) The decision by the Agency Protest Official is an alternative to a decision by the Contracting Officer. The Agency Protest Official will not consider appeals from the Contracting Officer's decision on an agency protest. (e) The deciding official must conduct a scheduling conference with the protestor within five (5) days after the protest is filed. The scheduling conference will establish deadlines for oral or written arguments in support of the agency protest and for agency officials to present information in response to the protest issues. The deciding official may hear oral arguments in support of the agency protest at the same time as the scheduling conference, depending on availability of the necessary parties. DJAR-PGD-15-02-1B Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Solicitation - (DEVIATION 2015-02) (March 2015) None of the funds appropriated to the Department under its current Appropriations Act may be used to enter into a contract, grant, or cooperative agreement with an entity that requires employess or contractors of such entity that requires employees or contractors of such entity seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, ora buse to a designated investigative or law en- forcement representative of a Federal department or agency authorized to receive such information. By submitting a response to this solicitation, the contractor certifies that it does not require employees or contractors of the contractor seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting waste, fraud, and abuse to a designated investigative or law enforcement representative of a Federal depart- ment or agency authorized to receive such information. (End of Provision) DJAR-PGD-15-02-1A Corporte Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - (DEVIATION 2015-02) (March 2015) (a) None of the funds made available by the Department's current Appropriations Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with a corporation - (1) convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or (2) that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrat- ive remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that this on is not necessary to protect the interests of the Government. (b) By submitting a response to this solicitation, the offeror represents that, as of the date of this offer - (1) the offeror is not a corporation convicted of a felony criminal violation under any Federal or State law within the preceding 24 months; and, (2) the offeror is not a corporation that has any unpaid Federal or State tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (End of Provision) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations - Representation (NOV 2015) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016) 52.212-3, Offeror Representations and Certifications-Commercial Items (APR 2016) 52.217-5 Evaluation of Options (JUL 1990) 52.219-1 Small Business Program Rerepresentation (OCT 2014) 52.233-2 Service of Protest (SEP 2006) 52.252-1 Solicitation Provisions Incorporated By Reference (FEB 1998) 52.27-103-71 Faith-Based and Community-Based Organizations (AUG 2005) Primary contact: Donna Grube dgrube@bop.gov Secondary contact: Mike Bodine mbodine@bop.gov
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