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COMMERCE BUSINESS DAILY ISSUE OF JULY 12,2000 PSA#2640

Department of Justice, United States Marshals Service, Procurement Office, 600 Army Navy Drive, CS3, Suite 1104, Arlington, VA, 22202-4210

R -- AUDITING AND BUSINESS SERVICES FOR THE UNITED STATES MARSHALS SERVICE DISTRICT OF PUERTO RICO SOL MS-00-Q-0017 DUE 072600 POC Janet Hall, Contracting Officer, Phone (202) 305-9422, Fax (202) 353-1420, Email janet.hall@usdoj.gov WEB: Visit this URL for the latest information about this, http://www.eps.gov/cgi-bin/WebObjects/EPS?ACode=P&ProjID=MS-00-Q-0017&LocID=2262. E-MAIL: Janet Hall, janet.hall@usdoj.gov. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. This is a Request for Quotation (RFQ) and is subject to the special authority for acquisitions of commercial items exceeding the simplified acquisition threshold but not greater than $5,000,000.00, including options. This RFQ incorporates provisions and clauses that are in effect through Federal Acquisition Circular 97-17. This RFQ has been set aside for small business, the small business size standard is $6 million and the Standard Industrial Classification Code is 8721. It is the intent of the United States Marshals Service (USMS) to award a purchase order for a base year with 4 one-year options and the option to extend services. The guarantee minimum amount for this contract is 5% ofthe estimated total for the Base Year. The guarantee minimum is only applicable one time and only during the base year. This order contains 8 contract line item numbers (CLINs) for each contract year. For evaluation purposes each CLIN has an estimated number of hours that may or may not be used. CLIN 1 Partner -- 100 Hours, CLIN 2 Manager -- 200 Hours, CLIN 3 Supervisor -- 600 Hours, CLIN 4 Accounting Clerk IV -- 400 Hours, CLIN 5 Accounting Clerk III -- 500 Hours, CLIN 6 Accounting Clerk II -- 400 Hours, CLIN 7 Secretary -- 100 Hours, CLIN 8 Messenger/Janitor -- 50 Hours. The Schedule contains firm-fixed-rates and funding for future requirements. As requirements become known, the Contractor will submit a firm-fixed-price, per requirement, to the Contracting Officer. The price will be based on the CLIN rates, per the guidance and conditions contained in both the Federal Acquisition Regulation. The requirement price must be approved in advance by the COTR, and in writing by the Ordering Officer before performance. Only items identified in the Schedule are payable under this contract. Firm-fixed-prices are considered payment in full for all labor, profit, overhead, G&A, fringe benefits, reports, logs, postage, telephone services, computers, graphics & design work, software, modems, facsimiles, supplies, materials, insurance, vehicles, local travel and all other costs associated with performance of the services as specified herein. The Contractor will be paid for approved firm-fixed subcontracting requirements. The final quantities required under the Schedule are unknown. The quantities will vary according to the operational requirements of the United States Marshals Service (USMS). The estimated maximum quantity of services that may be required under this contract is not expected to exceed $200,000 per year. The United States Marshals Service (USMS) requires pre-seizure planning assistance, attest engagement, valuation services, and on-going monitoring/operating services of businesses enterprises and ownership interests which have been seized for forfeiture pursuant to Federal law. These services are required to provide the USMS with financial and operational information. This information is necessary to effectively manage, protect, and eventually dispose of these assets. Business enterprises range in size from small retail operations to mid size firms and are normally considered to be for-profit firms. Forms of business organization may include sole proprietorships, partnerships, corporations, and limited liability corporations. Pre-seizure Planning Assistance consists of advice, consultation and technical assistance. This may include financial analysis, cash management analysis, advice, and consultation as to the business, its financial viability, and the advisability of continuing operations after seizure. The scope and extent of pre-seizure planning analyses and activities may be limited by the availability of information about the business and constraints imposed by prosecutorial and investigative officials. A Pre-seizure Planning Report is due to the COTR within 5 days following termination of pre-seizure planning activities. The report will consist of items listed above and may include defining problem areas, gathering facts and information, and developing solutions. The report will include interpretation (to facilitate use by non-accountants) and recommendations concerning financial and operating decisions and/or actions. Attest Engagement -- Work performed as an audit for an attest engagement or as a compilation will be accomplished in accordance with GAAP as approved by the American Institute of Certified Public Accountants. Work performed as a review will be in accordance with Statements and Standards on Accounting and Review Services (SSARs). Worked performed as agreed-upon procedures will consist of the following: An examination and analysis of the following: Statement of Financial Position (Balance Sheet), Statement of Earnings (Income Statement), Statement of Changes in Financial Position (Cash Flow), Statement of Changes in Shareholders' Equity (Statement of Retained Earnings), Capital Accounts, related financial records and ledgers, and other records as available. Business organization and functions. The status and adequacy of business operations, policies and procedures. Assessment of business and financial viability, going concern, and profitability. Adequacy of present management (business and financial), accounting, record-keeping, delegations of authority, internal (financial and operating) controls, and security. Financial liabilities, contingencies and vulnerabilities. Cash management. Adequacy of facilities, equipment, and stock in trade. Status and significance of key personnel, customers, suppliers of essential goods and services. The business' relative position/standing within the industry and the general locale. Compliance with laws and regulations to include Federal, Commonwealth and Local taxing authorities. Determination of the form of ownership: sole proprietorship, partnership or corporation. If a partnership, provide the names and status of partners (limited, general and silent), partnership ownership interest per partner, and profit and loss distributions per partner. If a corporation, type of corporation (S,C,LLC, regular), the place of incorporation or registration, number and names of directors, number and names of officers of the corporation, name and number of shares of stock per shareholder of the corporation. Performance of a 100% physical inventory of facilities, equipment, and stock in trade. If an inventory cannot be taken, the auditor will recommend alternate audit procedures to support the existence of the inventory. Attest Engagement Reports: Initial Report: Within 15 days after the start of the attest engagement. Final Report: Within 45 days after the start of the attest engagement. An initial report will consist of initial impressions and initial analysis of the business. This may include cash management, cash flow, status of bank accounts, and a quick analysis of current assets and liabilities. The purpose of the initial report is giving an indication if the business can meet its obligations as they become due. A final report will cover either one of items listed above and listed above. The reports will include interpretation (to facilitate use by non-accountants) and recommendations concerning financial and operating decisions and/or actions which the COTR should accomplish or advocate, consistent with the above-stated purpose. Business Valuation will be accomplished in accordance with the Uniform Standards of Professional Appraisal Practice published by the Appraisal Standards Board of The Appraisal Foundation. The business valuation will be conducted by a qualified business valuation individual. The standard of value to be used will be specified in the delivery order. Standards are fair market value on a going concern basis, and/or liquidation value. The business valuation report will be submitted within 45 days to the COTR after issuance of theorder. This should be done in parallel/concurrently with the attest engagement work. The report will include a description of the valuation approach, e.g., discounted income, asset appraisal, comparative appraisal, etc., and the use of projected versus historical data. The report will include interpretation (to facilitate use by non-appraisers) and recommendations concerning financial and operating decisions and/or actions. The evaluation will require relative standing of the business entity within the industry. This may require local or regional evaluation depending on the industry and type of business. This may include market and industry economic analysis and evaluation. The requirement for on-going business monitoring/operating services normally starts at the time of seizure, or transfer of custody of a seized business enterprise. On-going services will include review and analysis of the type of business organization and functions. Review of monthly financial reports to ensure that all appropriate financial reports have been prepared. The Contractor will perform analytical reviews of the financial reports to determine and report the reasonableness of the financial data. The analytical review may include financial, sensitivity, trend, working-capital, and cash management analysis. The Contractor will compare the financial performance of the business against what was accomplished the previous period and/or the previous year and report significant changes to the COTR. Where there are significant changes in the financial information, the Contractor will advise the COTR as to the probable reasons for the changes and make recommendations as to how changes might be made to correct any problems. Recommendations will include any suggested changes in personnel involved in the management and operation of the business. The Contractor will review and evaluate the performance and procedures related to internal (financial and operational) control. Based upon the financial reports being reviewed, the contractor will make recommendations to the COTR as to any internal or operational controls which might solve or prevent problems and/or potential problems noted. The Contractor will review and evaluate the status and evaluate the adequacy of the policies and procedures, and practices of the business and the effect thereof on operations. The provisions at FAR 52.212-1, Instructions to Offerors _ Commercial Items, and FAR provision 52.212-2, Evaluation of Commercial Items, are applicable to this acquisition. FAR 52.212-2, subparagraph (a) is as follows: The Government will make an offer to the responsible contractor(s) quoting fair and reasonable prices and determined to be the best value in terms of technical (capability of the item offered to meet the agency need), price, and past performance. The Government will perform an integrated assessment evaluation. For evaluation purposes: technical and past performance is significantly more important than price. NOTE: Quoters responding to this solicitation must quote a firm-fixed-price for each contract line item and period, specify any prompt payment terms, and subject to DOL Wage Determination number 94-2461 (R13). The wage determination can be faxed upon request. Submit a complete copy of the provision at FAR 52.212-3, Offer Representations and certifications-Commercial Items and 3 copies of their technical and past performance information. See FAR 52.212-1 for instructions. Failure to provided complete information may result in the quotation being eliminated from award consideration. The clause at FAR 52.212-4, Contract Terms and Conditions -- Commercial Items, and the clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items, apply to this acquisition. Evaluation of Commercial Items: The following FAR clauses are hereby incorporated by reference: 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). 52.203-6, Restrictions on Subcontractor Sales to the Government, with Alternate I (41 U.S.C. 253g and 10 U.S.C. 2402), 52.217-8, Option to Extend Services, Disadvantaged Status and Reporting (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323),52.222-26, Equal Opportunity (E.O. 11246),52.222-35, Affirmative Action for Special Disabled and Vietnam Era Veterans (38 U.S.C. 4212), 52.222-36, Affirmative Action for Handicapped Workers (29 U.S.C. 793), 52.222-37, Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era (38 U.S.C. 4212). FAR 52.216-19 Order Limitations Insert: Minimum Order. There is no minimum order under this contract. Maximum Order. The contractor is not obligated to honor -- Any order for a single item in excess of $100,000.00, Any order for a combination of items in excess of $100,000.00, A series of orders from the same ordering office within threedays that together call for quantities exceeding the limitation in subparagraphs (1) or (2) above. FAR 52.216-18 Ordering -- Insert in paragraph (a) "Date of contract award through the period of contract performance." FAR 52.216-22 Indefinite Quantity -- Insert "90 days after the contract period." FAR 52.216-27 Single or Multiple Awards. The full text for the above listed clauses is available at http://www.arnet.gov/far/. OPTION TO EXTEND THE TERM OF THE CONTRACT (a) The Government will have the unilateral option of extending or renewing this contract beyond the initial period for additional periods of twelve month duration, or less, each upon the same terms and conditions as are contained in this contract at the time said option(s) is/are exercised. (b) The Government reserves the right to exercise options in increments of less than twelve months duration while at the same time retaining its right to a full twelve month performance period at the fixed price offered for the full twelve month period. When such incremental option periods are necessary to protect the best interests of the Government they will be classified as Option I(a), I(b) etc. A combination of incremental options cannot exceed a twelve-month period at which time the ensuing option period will take effect in accordance with the terms and conditions of this order. (c) If the Government exercises its option to extend the term of the contract, the contract as renewed will be deemed to include the option provision. However, the total duration of this contract, including the exercise of any option(s) under this article, will not extend beyond the number of years priced in the Schedule. (d) The Contractor is cautioned that the exercise of the options is a Government prerogative, not a contractual right on the part of the Contractor. If the Government exercises the option(s) within the time frames prescribed herein, the Contractor will be contractually bound to perform the services for the option period(s), or in the event it fails to perform, be subject to the termination for default provisions of this Order. (e) The option will be exercised by the Contracting Officer by giving written notice of the Government's exercise of such options prior to expiration of the Order. Such exercise will not have effect unless the Contracting Officer has given preliminary written notice of an intent to exercise such option at least 30 days prior to the last day of the Order term. (f) It is recognized by the parties that a full annual appropriation may not be available to the Government to fund the entire option term at the time the option is due to be exercised. Predicated upon the passage of continuing resolution, the Government may exercise the option for the full term subject to the passage by the Congress of a full annual appropriation signed by the President. (g) The Government has the right to exercise the option at the time of Order expiration or within 30 days after Order expiration, provided the Contractor has been provided written preliminary notice as indicated above. -- Security Screening Requirements for Contractor Employees -- All personnel employed by the contractor in support of this procurement occupy positions of special trust and confidence. Because of the sensitive nature of this contract, the Government has a right to expect that contractors will employ persons of integrity and trust. To ensure this is the case, contractors will conduct background screening of their employees prior to assignment to this contract, to determine past criminal history and/or record of civil judgment or administrative sanction by any federal, state, or local entity. -- Contractors will then report to the Government all criminal convictions, all adverse civil judgments, and all administrative circumstances surrounding the matter. Based on the information provided, the government will make a determination as to whether an employee may work on this contract. The Government will take into consideration the nature of the offense, date of occurrence, and final disposition of the case. Persons convicted of violent felonies will not be considered for employment under this contract. Other felony convictions will not automatically eliminate an employee for consideration under this contract. Each employee's case (except convicted violent felons) will be considered on its own merits. -- Contractors have an affirmative obligation to report negative employee background findings to the Government. If a contractor fails to report a past criminal conviction or civil judgment involving any of its employees, and the Government subsequently uncovers such information, the contractor may be terminated for default. This Clause will also apply to all subcontractors employed under or in support of this contract. Quotations can be faxed to 202-353-1420 or for hand delivery, addressed to: United States Marshal Service, Asset Forfeiture Office, Attn: Janet R. Hall, 1735 Jefferson Davis Highway Crystal Square 3, Room 404, Arlington, VA 22202-4210. See Note 1. Posted 07/10/00 (D-SN472916). (0192)

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