Courier Services LA

Amendment 1 revises the Service Contract Act minimum wage to $12.90 per hour. Department of Homeland Security Immigration & Customs Enforcement Office of Acquisitions - Investigations & Mission Support Dallas Combined Synopsis/Solicitation - HSCEMD-09-CourierLA 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. This solicitation, HSAEMD-09-CourierLA, is issued as a request for quotation (RFQ) for a Firm Fixed Price contract with economic price adjustment for local Courier Services in Los Angeles, California in accordance with the Statement of Work below. Offers are due by 4:00 pm CST, September 15, 2009. Offers shall be submitted via email to Alice Hancock, Contract Specialist, alice.hancock@dhs.gov, or faxed to (214) 905-5568. Offerors are responsible for confirming receipt of their offer. Offers received late may not be considered for award. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-36, effective August 11, 2009. This solicitation is set-aside for Small Businesses concerns. The NAICS Code is 492210 and the small business size standard is $25.5 Million. The contract line items are on the attached Price Schedule. Offerors shall enter proposed prices on the Price Schedule and return with other required documents as their offer. Period of Performance for this requirement shall be one 12-month base period with two additional one-year option periods. The performance period will begin upon issuance of Notice to Proceed (NTP). NTP shall be issued upon notification that at least one contractor employee has receive an approved background security check. To be eligible for award under this solicitation, the offeror must be listed with current status on the Central Contractor Registration (CCR) website (www.ccr.gov) and the offeror's representations and certifications must be updated and complete in the Online Representations and Certifications Applications website at https://orca.bpn.gov/ . Offers will be evaluated according to FAR Part 13, Simplified Acquisition Procedures. Award will be made to the technically acceptable offer with the lowest total price*. Technical acceptability will be based upon successful performance of courier services within the past three years. Successful performance shall be determined by the Contracting Officer. Offeror's shall provide up to three points of contact (name, company, telephone number, email address) for courier services performed within the past three years. * Total price will be based upon the cumulative price of the base period of performance plus the additional option periods, however, an offer may be rejected if the Contracting Officer determines prices are unbalanced. Service Contract Act - Labor Category (31043) The Service Contract Act (SCA) applies to this requirement. The SCA Directory, Fifth Edition, Occupational Index, pg 3 indicated the service be performed as a "Driver Courier", Code 31043. The U.S Department of Labor Wage Determination 2005-2047 Revision 9 dated 05/26/2009 rates a 31043 position as making a wage of at least $12.90 per hour plus the applicable Occupational Benefits such as Health and Welfare, Vacation, and Holidays. Statement of Work (SOW) Department of Homeland Security Immigration and Customs Enforcement Office of the Principal Legal Advisor Loa Angeles Chief Counsel Office Courier Services - September 2009 Background: The Office of the Principal Legal Advisor of (OPLA) provides legal advice, and services required to support the ICE mission while defending the immigration laws of the United States in the administrative and Federal courts. Pursuant to section 442 of the Homeland Security Act, OPLA is the exclusive legal representative for ICE and the DHS legal component authorized to represent the government in all exclusion, deportation, and removal proceedings before the Executive office of Immigration Review. As the legal representative of the U.S Government at immigration court hearings, OPLA attorneys handle a variety of immigration-related issues that range from contested removals to custody determinations to applications for administrative relief. Most of the hearings involve criminal aliens, terrorists, and human rights abusers, among others. Objective: OPLA's Los Angeles, Chief Counsel Office (OCC) requires courier service to transport files and/or documents between the Los Angeles, Chief Counsel Office and Citizenship & Immigration Service (CIS) Records and Mail Room. Scope of Work: Contractor shall furnish all labor, tools, materials, equipment, and supervision necessary to provide same day courier service as stated below. 1) Pick up crates/boxes of files, documents, & mail two times a day from the Records Units (Room B231), 300 N. Los Angeles Street, Los Angeles, CA 90012. Pickup times are around 9:30 A.M & 1:30 P.M., daily, Monday through Friday, except on Federal holidays. Total drop off will typically consist of 10-16 crates/boxes containing legal files and/or mail. Crates/boxes weigh an average of 50 - 60 pounds each. The total daily average weight is around 715 pounds which is to be picked up from 300 N. Los Angeles St. and delivered to 606 South Olive Street, 8th Floor, Los Angeles, CA 90014 2) Deliver crates/boxes of files, documents, & mail two times a day to 606 S. Olive Street, 8th Floor, Los Angeles, CA. Delivery will occur between 10:00 and 10:15 A.M. and 2:00 and 2:30 P.M. 3) Return crates/boxes of files, documents, & mail two times a day from 606 S. Olive Street, 8th Floor to 300 N. Los Angeles Street, Los Angeles, CA 90012. (Approximately 8-10 crates/boxes with a total daily average weight of approximately 495 pounds) Courier will pickup un-postmarked mail and deliver to the mail room (Room B232) at 300 N. LA St for mail processing. Crates/boxes of files will be returned to the Records Room located in the basement (Room B231). 4) Pick up and return drop off will occur in the AM & PM of each day, Monday thru Friday, except Federal holidays. Courier Service will obtain a signature at office verifying pickup or delivery of crates/boxes. 5) Free monthly loading dock parking pass can be obtained through the Service Call Desk at GSA, Room 4300 located at 300 N. Los Angeles Street. Vehicle description will be required. Robert Miller at 213-894-6984 provided this information. 6) Parking is available in the alley at 606 S. Olive Street. Freight elevator access will be provided. 7) The courier is not at liberty to read or peruse through any materials/information being transported at any point during the services being provided. 8) The courier company will provide the Los Angeles OCC Point of Contact (POC), Dorothy Wolf, (213) 894-2805, with a daily delivery receipt showing all deliveries. Invoicing: The vendor will invoice monthly in arrears. Invoices will be submitted to the ICE Burlington Finance Center for payment. Billing instructions will be included on the award document. Insurance and Bonding: By submission of an offer, the offeror certifies that their drivers shall maintain state required driver's licenses for courier services and that the firm shall maintain at least the minimum insurance liability requirements in the state of operations. The offeror shall also maintain Reconstruction Insurance to cover reconstruction of documents in case of loss or damage during transportation. Holidays The following legal holidays are observed by ICE and there are no pickups or deliveries required: New Years Day Martin Luther King Day Presidents Day Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day Note: Any holiday falling on a weekend may be observed on the Friday prior or the Monday following at the Agency's discretion. Some holidays will include more than one day. For those subsequent days, pick-ups/retrieval will not occur. PERSONNEL a. The Contractor shall provide a point of contact name and phone number to the Los Angeles OCC POC. b. In the event the contractor encounters problems that may prevent them from completing the scheduled work, they shall immediately call the OPLA office at (214) 905-5808 or (214) 905-5532 or the Contracting Officer at (214) 905-5496. c. Contractor personnel shall be required to pass background checks as described below. REQUIRED SECURITY CLAUSE SENSITIVE /UNCLASSIFED CONTRACTS SECURITY REQUIREMENTS Only U.S. Citizens will be hired to work on this contract. Background checks as outlined below shall be accomplished prior to the first day of performance. Background checks shall be accomplished at no additional cost to the government. GENERAL The Department of Homeland Security (DHS) has determined that performance of the tasks as described in this future award requires that the Contractor, subcontractor(s), vendor(s), etc. (herein known as Contractor) have access to sensitive DHS information, and that the Contractor will adhere to the following. SUITABILITY DETERMINATION DHS shall have and exercise full control over granting, denying, withholding or terminating unescorted government facility and/or sensitive Government information access for Contractor employees, based upon the results of a background investigation. DHS may, as it deems appropriate, authorize and make a favorable entry on duty (EOD) decision based on preliminary security checks. The favorable EOD decision would allow the employees to commence work temporarily prior to the completion of the full investigation. The granting of a favorable EOD decision shall not be considered as assurance that a full employment suitability authorization will follow as a result thereof. The granting of a favorable EOD decision or a full employment suitability determination shall in no way prevent, preclude, or bar the withdrawal or termination of any such access by DHS, at any time during the term of the contract. No employee of the Contractor shall be allowed to EOD and/or access sensitive information or systems without a favorable EOD decision or suitability determination by the Office of Professional Responsibility, Personnel Security Unit (OPR-PSU). No employee of the Contractor shall be allowed unescorted access to a Government facility without a favorable EOD decision or suitability determination by the OPR-PSU. Contract employees assigned to the contract not needing access to sensitive DHS information or recurring access to DHS ' facilities will not be subject to security suitability screening. BACKGROUND INVESTIGATIONS Contract employees (to include applicants, temporaries, part-time and replacement employees) under the contract, needing access to sensitive information, shall undergo a position sensitivity analysis based on the duties each individual will perform on the contract. The results of the position sensitivity analysis shall identify the appropriate background investigation to be conducted. Background investigations will be processed through the Personnel Security Unit. Prospective Contractor employees with adequate security clearances issued by the Defense Industrial Security Clearance Office (DISCO) may not be required to submit complete security packages, as the clearance issued by DISCO may be accepted. Prospective Contractor employees without adequate security clearances issued by DISCO shall submit the following completed forms to the Personnel Security Unit through the COTR, no less than 5 days before the starting date of the contract or 5 days prior to the expected entry on duty of any employees, whether a replacement, addition, subcontractor employee, or vendor: 1. Standard Form 85P, "Questionnaire for Public Trust Positions" Form will be submitted via e-QIP (electronic Questionnaires for Investigation Processing) (2 copies) 2. FD Form 258, "Fingerprint Card" (2 copies) 3. Foreign National Relatives or Associates Statement 4. DHS 11000-9, "Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act" 5. Optional Form 306 Declaration for Federal Employment (applies to contractors as well) 6. Authorization for Release of Medical Information Required forms will be provided by DHS at the time of award of the contract. Only complete packages will be accepted by the OPR-PSU. Specific instructions on submission of packages will be provided upon award of the contract. Be advised that unless an applicant requiring access to sensitive information has resided in the US for three of the past five years, the Government may not be able to complete a satisfactory background investigation. In such cases, DHS retains the right to deem an applicant as ineligible due to insufficient background information. The use of Non-U.S. citizens, including Lawful Permanent Residents (LPRs), is not permitted in the performance of this contract for any position that involves access to, development of, or maintenance to any DHS IT system. CONTINUED ELIGIBILITY If a prospective employee is found to be ineligible for access to Government facilities or information, the COTR will advise the Contractor that the employee shall not continue to work or to be assigned to work under the contract. The OPR-PSU may require drug screening for probable cause at any time and/ or when the contractor independently identifies, circumstances where probable cause exists. The OPR-PSU may require reinvestigations when derogatory information is received and/or every 5 years. DHS reserves the right and prerogative to deny and/ or restrict the facility and information access of any Contractor employee whose actions are in conflict with the standards of conduct, 5 CFR 2635 and 5 CFR 3801, or whom DHS determines to present a risk of compromising sensitive Government information to which he or she would have access under this contract. The Contractor will report any adverse information coming to their attention concerning contract employees under the contract to the OPR-PSU through the COTR. Reports based on rumor or innuendo should not be made. The subsequent termination of employment of an employee does not obviate the requirement to submit this report. The report shall include the employees' name and social security number, along with the adverse information being reported. The OPR-PSU must be notified of all terminations/ resignations within five days of occurrence. The Contractor will return any expired DHS issued identification cards and building passes, or those of terminated employees to the COTR. If an identification card or building pass is not available to be returned, a report must be submitted to the COTR, referencing the pass or card number, name of individual to whom issued, the last known location and disposition of the pass or card. The COTR will return the identification cards and building passes to the responsible ID Unit. SECURITY MANAGEMENT The Contractor shall appoint a senior official to act as the Corporate Security Officer. The individual will interface with the OPR-PSU through the COTR on all security matters, to include physical, personnel, and protection of all Government information and data accessed by the Contractor. The COTR and the OPR-PSU shall have the right to inspect the procedures, methods, and facilities utilized by the Contractor in complying with the security requirements under this contract. Should the COTR determine that the Contractor is not complying with the security requirements of this contract; the Contractor will be informed in writing by the Contracting Officer of the proper action to be taken in order to effect compliance with such requirements. The following computer security requirements apply to both Department of Homeland Security (DHS) operations and to the former Immigration and Naturalization Service operations (FINS). These entities are hereafter referred to as the Department. INFORMATION TECHNOLOGY SECURITY CLEARANCE When sensitive government information is processed on Department telecommunications and automated information systems, the Contractor agrees to provide for the administrative control of sensitive data being processed and to adhere to the procedures governing such data as outlined in DHS IT Security Program Publication DHS MD 4300.Pub. or its replacement. Contractor personnel must have favorably adjudicated background investigations commensurate with the defined sensitivity level. Contractors who fail to comply with Department security policy are subject to having their access to Department IT systems and facilities terminated, whether or not the failure results in criminal prosecution. Any person who improperly discloses sensitive information is subject to criminal and civil penalties and sanctions under a variety of laws (e.g., Privacy Act). INFORMATION TECHNOLOGY SECURITY TRAINING AND OVERSIGHT All contractor employees using Department automated systems or processing Department sensitive data will be required to receive Security Awareness Training. This training will be provided by the appropriate component agency of DHS. Contractors who are involved with management, use, or operation of any IT systems that handle sensitive information within or under the supervision of the Department, shall receive periodic training at least annually in security awareness and accepted security practices and systems rules of behavior. Department contractors, with significant security responsibilities, shall receive specialized training specific to their security responsibilities annually. The level of training shall be commensurate with the individual's duties and responsibilities and is intended to promote a consistent understanding of the principles and concepts of telecommunications and IT systems security. All personnel who access Department information systems will be continually evaluated while performing these duties. Supervisors should be aware of any unusual or inappropriate behavior by personnel accessing systems. Any unauthorized access, sharing of passwords, or other questionable security procedures should be reported to the local Security Office or Information System Security Officer (ISSO). END OF SECURITY REQUIREMENTS CLAUSES AND PROVISIONS: The following provisions and clauses apply to this acquisition: Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with its offer, as required. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (Feb 98) This contract incorporates one or more clauses by reference with the same force and effect as if they were given in their full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address; http://www.arnet.gov/far . 52.204-7 Central Contractor Registration (Jul 2006) 52.212-1 Instructions to Offerors of Commercial Items 52.212-3 Offeror Representations and Certification-Commercial Items (ORCA) 52.212-4 Contract Terms and Conditions-Commercial Item (Feb 2007) 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders --Commercial Items (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: 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (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: 52.219-6, Notice of Total Small Business Set-Aside (June 2003) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) 52.222-3, Convict Labor (June 2003) (E.O. 11755). 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126). 52.222-21, Prohibition of Segregated Facilities (Feb 1999). 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). 52.222-50, Combating Trafficking in Persons (Aug 2007) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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: 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (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 Contractor's 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 paragraphs (e)(1)(i) through (xi) of this paragraph 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 (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (iv) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). (v) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (vi) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (vii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (viii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50. (ix) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (x) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) 52.217-5 -- Evaluation of Options (Jul 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). (End of Provision) 52.217-8 -- 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 hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 calendar days before the contract expires. (End of Clause) 52.217-9 -- 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 15 calendar days before the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 42 months. (End of Clause) Economic Price Adjustment for Gasoline: The awarded prices for the option period line items, if exercised, shall be adjusted for increases/decreases in gasoline prices at time of exercise. (a) To the extent that contract cost increases/decreases are provided for by this economic price adjustment clause, the offeror warrants that the prices in this proposal for any option periods do not include any amount to protect against such contingent cost increases (no increases for gasoline prices included in the option periods). (b) The cost index, for the purpose of price adjustment under this clause, shall be the Bureau of Labor Statistics Consumer Price Index, Average Price per Gallon for Los Angeles, Gasoline, unleaded regular, available at http://www.bls.gov/cpi/data.htm. (1) The Base Index, for the purposes of price adjustment under this clause, shall be 2.86, the most recent index published prior to the issue of this solicitation (rounded .5 and up, to the next higher number). This Base Index shall remain constant throughout the life of the contract, including all options. (2) The Adjusting Index shall be the most recent Index published on the date the Government provides the contractor preliminary written notice of its intent to exercise an option period. In the event the Bureau of Labor Statistics Consumer Price Index, Average Price per Gallon for Los Angeles, Gasoline, unleaded regular discontinues, or alters substantially, its method of calculating the Index cited herein, the parties shall mutually agree upon an appropriate substitute for determining the price adjustment described herein. (c) In preparation for exercise of an option period, the Contracting Officer shall apply the difference between the Base Index and the Adjusting Index to the option year prices by multiplying the increase/decrease times the number of gallons identified for each line item. Only the line items of the option year being exercised will be adjusted. (d) An example of an adjustment calculation is provided below for informational purposes only. (1) For purposes of this example, assume that the contract price for the option period being exercised $2,000.00 per month, and includes costs for 200 gallons of gasoline. If the Base Index (the most recent index published prior to the issue of this solicitation) is $2.64 per gallon and Adjustment Index (the most recent Index published on the date the Government provides the contractor preliminary written notice of its intent to exercise an option period) is $3.01 per gallon, the calculations for contract price adjustment would be as follows: Adjusting Index $3.01 per gallon Minus the Base Index -$2.86 per gallon Equals increase (or decrease) to the Base Index $ .15 increase Option Line Item gasoline quantity multiplied by increase (or decrease) 200 * .15 = $30.00 Option Line Item price adjusted by increase ( or decrease) $2,000.00 + $30.00 = $2,030.00