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) Loren Data Corp. http://www.ld.com (SYN# 0069 20000712\R-0008.SOL)
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