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FBO DAILY ISSUE OF JANUARY 15, 2011 FBO #3339
SOLICITATION NOTICE

R -- Professional services of a State Complaint Investigator

Notice Date
1/13/2011
 
Notice Type
Combined Synopsis/Solicitation
 
Contracting Office
BIA-Albuquerque Acquisition Office 1001 Indian School Road NW, Room 347 Albuquerque NM 87104
 
ZIP Code
87104
 
Solicitation Number
RABQ2110013
 
Response Due
1/21/2011
 
Archive Date
1/13/2012
 
Point of Contact
Marita Roth Contracting Officer 5055633015 ;
 
E-Mail Address
Point of Contact above, or if none listed, contact the IDEAS EC HELP DESK for assistance
(EC_helpdesk@NBC.GOV)
 
Small Business Set-Aside
Total Small Business
 
Description
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.The solicitation, RABQ2110013, is issued as a Request for Quotes (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition 2001-03. The North American Industry classification (NAICS) code is 561611 and the business size maximum is $5.0 Million. The proposed contract is a Total Small Business Set-Aside. All small businesses shall provide a breakdown of their costs to demonstrate that at least 51% of the cost of contract performance incurred for travel, supplies, training materials, etc. shall be performed and incurred by the small business (prime). All small businesses shall comply with FAR 52.229-14, Limitations on Subcontracting. All small business sources may submit a quote, which will be considered by the Government. DESCRIPTION: The Bureau of Indian Education (BIE), Division of Performance and Accountability (DPA) serves as the State Education Agency (SEA) for 183 schools and dormitories located in 23 states on or near 66 American Indian reservations. Currently, there are, 43,800 students enrolled in the BIE-funded schools which, includes 6,218 students identified with a disability according to the Native American Student Information System (NASIS) the Bureau's data system used by the schools. The SEA is required to meet all components of the Individuals with Disabilities Education Act (IDEA) 2004, Subpart B-Procedural Safeguards Due Process Procedures for parents and children. The act stipulates that each SEA must ensure that each public agency establish, maintain, and implement procedural safeguards that meet the requirements of 34 CFR ?300.150 through ?300.153. As a component of ensuring that special education and related services are provided, the BIE must have a system to resolve disputes between parents of students with disabilities, other individuals and schools. The dispute resolution process is defined by statute and regulation. The process is the enforcement tool of resolving disagreements between parents and schools whenever an alleged violation of the rights of a student with disabilities or a technical violation of the statute has been filed. The dispute resolution process is comprised of three options: (1) mediation; (2) state complaints; and (3) due process hearings. The dispute resolution process is the legal responsibility of the SEA according to IDEA 2004. SCOPE OF WORK: The contractor shall provide service as State Complaint Investigator (SCI). The SCI must be knowledgeable of the laws and regulations relating to the provision of special education and related services. The contractor will service as state complaint investigator on a dispute resolution situation at the BIE funded Pine Hills High School in Pine Hills, NM. The contractor shall address and resolves disputes in a timely manner as required by the IDEA 2004. Time allotted and services requested by this contract will depend on the type of complaint. For a state complaint request an "independent on-site investigation" must be conducted and the complaint must be resolved within a 60-day timeline unless exceptional circumstances exist relating to the particular complaint, if the school and the complainant agree to extend the time to engage in mediation or another alternative means of dispute resolution. (?300.152). This time allows for BIE/DPA to review and prepare the final document within the 60-daytime line according to the statute. Government reserves the right to survey all services called for in the contract to determine whether or not the performance objectives and goals are met. PERIOD OF PERFORMANCE: A state investigator must do an "independent on-site investigation" and the complaint must be resolved within a 60-day timeline unless an extension has been granted for exceptional circumstances related to the complaint require and extension 34 CFR 300.152(a)(b). Period of Performance is award date plus 60 calendar days. DEFINITIONS: 1.Calendar Day (CD): Each day of the calendar year including workdays (WD), holidays, and weekends (including Saturdays and Sundays).2. Contracting Officer's Technical Representative (COTR): Government representative designated by the Contracting Officer authorized to act within the limitations imposed under the terms of the contract and by the Contracting Officer (CO).3. Annual Performance Plan (APR)- an annual report of the SEA's performance on meeting the SPP indicator targets that is submitted by the U.S. Department of Education, Office of Special Education Programs as required by IDEA 2004.4. Bureau of Indian Education (BIE)5. Division of Performance and Accountability (DPA)6. Education of All Handicapped Children (EAHC) 1975 - Public Law (PL) 94-142) was enacted by the United States Congress in 1975. This act required all public schools accepting federal funds to provide equal access to education for children with physical and mental disabilities.7. General Supervision- a state responsibility under federal law, that monitors the implementation of IDEA 2004, enforces requirements and ensures continuous improvement. 8. Individuals with Disabilities Education Act IDEA (2004)- is a United States federal law that governs how states and public agencies provide early intervention, special education, and related services to children with disabilities. 9. Non-Standard Working Hours: The period from 5:00 PM to 7:00 AM, Monday through Friday, and any time on Saturdays, Sundays, and Federal Holidays.10. Standard Workday: Monday through Friday, excluding Saturdays, Sundays, and Federal Holidays. 11. Standard Working Hours: The period from 8:00AM to 5:00 PM, Monday through Friday, excluding Saturdays, Sundays and Federal Holidays.12. Scope of work (SOW) describes the work to be performed or the services to be provided.13. State Complaint: A state complaint is a written and signed allegation that includes the facts, on which the allegation is based, by an individual or an organization, that there is a violation of any of the following: A) Any current provision of these rules as it pertains to special education programs and related services. B) The individuals with disabilities education act of 2004, 20 U.S.C., chapter 33, ?1400 et seq., and the regulations implementing the act, 34 C.F.R. part 300 and 34 C.F.R. part 303. C) An intermediate school district plan. D. An individualized education program team report, hearing officer decision, administrative law judge decision, or court decision regarding special education programs or services. E) The state application for federal funds under the individuals with disabilities education act.To request a copy of the State Complaint Procedures, send an email to the CO at marita.roth@bia.gov. GOVERNMENT FURNISHED PROPERTY AND SERVICES: 1. BIE/DPA will review the complaint and determine if an investigation is necessary.2. BIE/DPA will provide the school district or other public agency with the opportunity to respond to the complaint, including, at a minimum: (a) option of the agency, a proposal to resolve the complaint; and (b) an opportunity for a parent and the agency to agree to engage in mediation.3. BIE/DPA will review all relevant information and make an independent determination as to whether the school or other public agency is violating a requirement of Part B of IDEA. 4. The BIE will issue the final written report that addresses each allegation in the complaint and contains: (a) findings of fact and conclusions; and (b) the reason for the BIE's final decision.5. BIE/DPA will prepare the final draft of the state investigation report including the findings, reason for the decisions and a Corrective Action Plan, when necessary.6. The BIE will provide the BIE Procedural Safeguard booklet to the state complaint investigator when the assignment is made.7. The BIE will provide the contact list to all parties.8. The BIE will maintain a permanent file of each complaint in a safe and secure location.9. BIE/DPA will provide oversight, and continuous communication with all aspects of the SOW. CONTRACTOR FURNISHED ITEMS: 1. The contractor shall provide the name of the State complaint investigator to implement the IDEA 2004 Special Education Dispute Resolutions Process.2. Upon notification appoint a state complaint investigator knowledgeable of the laws and regulations relating to the provision of special education and related services.3. Ensure that the state complaint investigator is abreast of the interpretation of the laws in special education or conferences related to dispute resolution.4. All generated data in the performance of this requirement shall be turned over and become property of the BIE/DPA.5. The contractor shall provide transportation, management, other services, items, and incidentals necessary for the successful completion of the contract. REQUIREMENTS: The contractor shall: 1. Provide a qualified state complaint investigator who is knowledgeable of the laws and regulations relating to the provision of special education and related services. 2. Provide travel arrangements for state complaint investigator to the location to investigate the state complaint that has been filed including: airfare, hotel, private owned vehicle, and per diem.3. Once the complaint is determined to be sufficient the state complaint investigator must complete a thorough investigation within 60 calendar days. 4. Communication may include the use of a telephone, e-mails, and facsimile or at an on-site face to face visit at the location where the interview is conducted. 5. The state complaint investigator shall review all relevant information and make an independent determination as whether the school is violating a requirement of IDEA 2004. 6. Upon completion of the investigation the state complaint investigator shall draft the complaint investigation report to include findings of facts, references and conclusion. 7. The assigned state complaint investigator shall ship by Federal Express or United Postal Service to BIE/DPA the final written draft report to include findings of facts, references, citations, reason for the decision and conclusion. 8. The contractor shall ensure that all of the requirements under ?300.151 State Complaint Procedures are implemented. This solicitation incorporates one or more solicitation provisions by reference with the same force and effect as if they were given if full text. The full text may be found at www.acquisition.gov/far. Offerors must include a completed copy of the provision FAR 52.212-03, Offeror Representations and Certification/Commercial Items with their quote. If the offeror does not have a copy of this provision, it may obtained at http://www.acquisition.gov/far. The following clauses apply to this acquisition. FAR 52.252-01 Solicitation Provisions Incorporated by reference and FAR 52.252-02 Clauses Incorporated by Reference. FAR 52.212-04 Contract Terms and Conditions-Commercial Items (MAR 2009). FAR 52.212-05 (SEP 2009) Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, FAR 52.203-06, Restrictions on Subcontractor Sales to the Government (JUL 1995); FAR 52.219-04, Limitations on Subcontracting (DEC 1996); FAR 52.222-03 Convict Labor, FAR 52.233-03 Protest after Award, FAR 52.222- 19 Child Labor-Cooperation with Authorities and Remedies, FAR 52.232-36 Payment by Third Party. FAR 52.239-1 Privacy or Security Safeguards, FAR 52.214-64 Preference for Privately owned U.S. Flag Commercial Vessels, FAR 52.222-21 Prohibition of Segregated Facilities, FAR 52.222-26 Equal Opportunity, FAR 52.222-35 Affirmative Action for Disabled Veterans of the Vietnam Era, FAR 52.222-36 Affirmative Action for Workers with Disabilities. FAR 52.222-37 Employment Reports on Disabled Veterans and Veterans of the Vietnam Era, FAR 52.232-33 Payment by Electronic Funds Transfer Central Contractor Registration, FAR 52.243-1 Changes Fixed Price (Alt I), FAR 52.222-41 Service Contract Act of 1965 (as amended), FAR 52.242-15 Stop Work Order, FAR 52,242-I 7 Government Delay of Work, Department of the Interior Acquisition Regulation (DIAR) 1452.226-70 Indian Preference, DIAR 1452.226-71 Indian Preference Program, DIAR 1452.204-70 Release of Claims; Travel Costs Clause; FAR 52.217-3 Evaluation Exclusive of Options (APR 1984), FAR 52.217-8 Option to Extend Services (NOV 1999), FAR 52.217-9 Option to Extend the Terms of the Contract (MAR 2000); and, FAR 52.212-01, Instructions to Offerors-Commercial Items (JUN 2008), FAR 52.212-02, Evaluation-Commercial Items (JAN 1999), FAR 52.229-10 State of New Mexico Gross Receipts and Compensating Tax (APR 2003), FAR 52.222-54, Employment Eligibility Verification (JAN 2009); and 1450-0016-001 Homeland Security Presidential Directive - 12 (HSPD-12). The Evaluation Factors are in descending order of importance. The Evaluation Factors are: 1. Technical Capability. (1a) Technical Excellence: Describe ability to meet required qualifications of contractor furnished items section in this solicitation. (lb) Technical Approach: Describe your technical approach to accomplish each of the requirements in this solicitation and the scope of work. (1c) Past Experience: List contracts that are of comparable size, complexity and similarity. 2. Price, and 3, Past Performance. Provide recent & relevant contracts for the same or similar items, contract numbers, points of contacts with telephone numbers and other relevant information. Quotes will be submitted in writing and signed by an individual with the authority to bind their respective company; electronic submissions via fax are acceptable. You can fax your quotes to (505) 563-3019. The due date for receipt of quotes is January 21, 2011 at 2:00 PM Local Time (MDT). You may express mail or mail your quote to DOI/BIA, Albuquerque Acquisition Office, Attn: Marita Roth, 1001 Indian School Rd, Room 347, Albuquerque, NM 87104. Quotations by email will not be accepted.
 
Web Link
FBO.gov Permalink
(https://www.fbo.gov/spg/DOI/BIA/RestonVA/RABQ2110013/listing.html)
 
Place of Performance
Address: Department of Interior, Bureau of Indian Education, Division of Performance and Accountability, Albuquerque, NM
Zip Code: 87104
 
Record
SN02359530-W 20110115/110113234205-75bf74bfde4f440a808f5d95625e9311 (fbodaily.com)
 
Source
FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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