Enhancement of commercial law curriculum and instruction of a number of Arabian Gulf Region universities

This is a 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; proposals are being requested and a written solicitation will not be issued. The solicitation number is SA1301-8-RP-0018. The solicitation is issued as a Request for Proposal (RFP). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-09. The full text of clauses referenced herein may be accessed electronically at http://www.acqnet.gov/far/.The NAICS code is 611310LAW SCHOOLS, and the associated small business size standard is $6.5M. The Government shall award one fixed unit priced time and materials contract as a result of this RFP. THIS IS A FULL AND OPEN Request for Proposal 1. BACKGROUND The Commercial Law Development Program (CLDP) of the United States Department of Commerce, Office of the General Counsel, is a technical assistance provider working on the development and implementation of laws and international agreements affecting trade and investment in over 35 countries worldwide including the Middle East and North Africa. CLDP is supporting the U.S. Government's Middle East Partnership Initiative (MEPI) by providing technical assistance to a group of countries in the Middle East to improve their legislative and regulatory frameworks, and ultimately, to facilitate the region's preparedness for the Middle East Free Trade Area (MEFTA). As trade and commerce increases in the Middle East and the countries in this region expand their presence in the global market, it is important that their business and legal professionals have knowledge and understanding of complex commercial law. CLDP provides assistance to a number of universities in the Arabian Gulf region to enhance their commercial law curriculum and instruction. During the base period of the contract, as part of its work with Sultan Qaboos College of Law in Oman, and the University of Bahrain, College of Law (UB), CLDP will help establish commercial arbitration oriented moot court programs that will equip students with the skills to represent clients in commercial arbitrations. The focal point of organization for this program will be participation in the Wilhelm C. Vis International Commercial Arbitration Moot in Vienna in the spring of 2009. CLDP seeks to augment its in-house expertise as it assists these universities in this initiative. Specifically, CLDP seeks collaboration with a partner that will provide expertise and help implement a multi-stage assistance plan. The anticipated contract will have two additional option periods where the scope of work will be the same but the schools receiving the CLDP assistance may be different. The department of Commerce intends to issue the names and locations of the schools to the contractor at the same time a modification is issued to exercise the option period of the contract. Those schools may be universities or colleges of law from countries in the region, including Bahrain, Jordan, Kuwait, Morocco, Oman, Qatar, Saudi Arabia, Tunisia and the United Arab Emirates. 2. SCOPE OF WORK In particular, during the base period of the contract (the schools to be assisted and the academic years will be changed during the option periods of the contract) the Contractor will be called upon by CLDP to do the following: 2.1 Assist CLDP in refining and implementing a multi-stage assistance plan over the course of the 2008/2009 academic year to Sultan Qaboos University in Oman, and the University of Bahrain. 2.2 Work with Sultan Qaboos University to develop the structure of their moot court program. 2.3 Train the responsible faculty at Sultan Qaboos University in management of the moot court program and instruction techniques. 2.4 Equip responsible faculty and student participants at Sultan Qaboos University with fundamental understanding of international arbitration principles. 2.5 Facilitate linkages between those universities (Sultan Qaboos University and the University of Bahrain) and other programs from the Arabic speaking world and beyond at the Vis Competition. 2.6 Assist the University of Bahrain to further strengthen and institutionalize their moot court program established with CLDP assistance during the 2007/2008 academic year. This program supports the longer term goal of establishing a regional international arbitration moot and, therefore, the work will include advising the universities to this end. 2.7 Develop and implement introductory course/consultations at Sultan Qaboos University, comprising 1-2 weeks, providing relevant faculty and participants with a fundamental grasp of international commercial arbitration concepts, legal research and writing. 2.8 Develop and implement 2 programs at strategic intervals throughout the academic year, lasting 4-5 days, at Sultan Qaboos University providing assistance with coaching techniques and drilling. 2.9 Develop and implement a networking activity for delegations from the universities listed in 2.1 at the Vis International Commercial Arbitration Moot facilitating linkages with at least 3 other participating law schools. 3. ADDITIONAL CONTRACTOR RESPONSIBILITES In addition to other duties included in this contract, the Contractor shall: 3.1 Report to the CLDP office, at the earliest convenience, any issues that may impair Contractor's work and the performance of the contract; 3.2 Not provide information on the Contractor's work to anyone, unless authorized in advance and in writing by CLDP. 4. PERIOD OF PERFORMANCE The base period of this contract will commence on the date of award and extend to May 31, 2009. The Option Periods of the contract, if the Government chooses to exercise the options will have the following performance periods: Option One: June 1, 2009 through May 31 2010 Option Two: June 1 2010 through May 31, 2011 All interested Offerors shall provide a proposal for the following contract line items (CLIN). : Base Period. - Date of Award through May 31, 2009 CLIN 0001 Law Professor 340 hrs $_______ $_______ CLIN 0002 Administrative 80 hrs $_______ $_______ Assistance CLIN 0003 TRAVEL RESERVED TO BE COMPLETED BY THE GOVERNMENT TO REIMBURSE THE CONTRACTOR FOR APPROVED TRAVEL AND TRAVEL RELATED COSTS Option Period One - June 1, 2009 through May 31, 2010 CLIN 1001 Law Professor 340 hrs $_______ $_______ CLIN 1002 Administrative 80 hrs $_______ $_______ Assistance CLIN 1003 RESERVED TO BE COMPLETED BY THE GOVERNMENT TO REIMBURSE THE CONTRACTOR FOR APPROVED TRAVEL AND TRAVEL RELATED COSTS Option Period Two - June 1, 2010 through May 31, 2011 CLIN 2001 Law Professor 340 hrs $_______ $_______ CLIN 2002 Administrative 80 hrs $_______ $_______ Assistance CLIN 2003 RESERVED TO BECOMPLETED BY THE GOVERNMENT TO REIMBURSE THE CONTRACTOR FOR APPROVED TRAVEL AND TRAVEL RELATED COSTS 6. DELIVERABLES The deliverables that will be required under the base period (deliverables will remain the same for the option periods but the schools will be different) of this contract are: 6.1 Initial report developed in concert with CLDP, Sultan Qaboos University and the University of Bahrain recommending action items and a corresponding time frame for these schools in the establishment of their moot court program. Report will include recommendations based on the Contractor's experience regarding: a. Selection and preparation of faculty advisors b. Selection and preparation of student participants c. Selection and access to legal/academic resources d. Techniques for developing necessary research, writing and oral advocacy skills e. Design and implementation of a program that ultimately prepares UB for establishing a regional moot court competition 6.2 Develop and implement introductory course/consultations at Sultan Qaboos University, comprising 1-2 weeks, providing relevant faculty and participants with a fundamental grasp of international commercial arbitration concepts, legal research and writing. 6.3 Develop and implement 2 programs at strategic intervals throughout the academic year, lasting 4-5 days, at Sultan Qaboos University providing assistance with coaching techniques and drilling. 6.4 Develop and implement a networking activity for delegations from the universities listed in 2.1 at the Vis International Commercial Arbitration Moot facilitating linkages with at least 3 other participating law schools. 6.5 Conclusive report noting obstacles encountered, practical recommendations for enhancement of the universities program in future years and commentary on the feasibility of creating a regional moot competition in Bahrain including next steps for achievement. 6.6 All documents are to be e-mailed to: Thomas Moritz Attorney-Advisor International Commercial Law Development Program Mail Stop 5875 Office of the General Counsel U.S. Dept. of Commerce 14th Street and Constitution Ave., N.W. Washington, D.C. 20230 e-mail: contact@example.gov as well as to: Harry Hill Acting Administrative Officer Commercial Law Development Program Mail Stop 5875 Office of the General Counsel U.S. Dept. of Commerce 14th Street and Constitution Ave., N.W. Washington, D.C. 20230 e-mail: contact@example.gov 7. TRAVEL REQUIREMENTS AND TRAVEL EXPENSES In performing the requirements of this contract, the Contractor is expected to travel as required to accomplish the deliverables. The Contractor is expected to arrange and pay for all travel accommodations and expenses. The Contractor must take reasonable steps to mitigate the amount of travel expenses. The Contractor will be reimbursed for approved travel expenses by CLDP via CLIN 0003, 1003 and 2003 or the contract. All travel must be approved in advance by CLDP and must be in accordance with Federal Travel Regulations (FTR). 7.1 Travel is subject to the FTR which can be accessed at: http://www.gsa.gov/Portal/gsa/ep/channelView.do?pageTypeId=8199&channelPage=%2Fep%2Fchannel%2FgsaOverview.jsp&channelId=-14863 7.2 If questions arise concerning whether an individual expenditure will be reimbursed, the contractor must consult with CLDP before incurring the expense. 8. REQUIREMENT SUBMISSION Offerors are REQUIRED to submit the following information by the date and time specified for receipt of quotes on a signed SF1449: FACTOR 1 - TECHNICAL - The Contractor's professor of law team must include a project leader who is a Professor of Law with administrative responsibilities for international students and/or international legal studies; The Contractor must be an American Bar Association (ABA) accredited law school, or a unit thereof. FACTOR 2 - EXPERIENCE - a The Contractor must have partnered with at least 2 foreign law schools for commercial law instruction through moot court programs. b. The Contractor must have the capability for digital video conferencing. c. The Contractor must have more than one year of experience participating in the Wilhelm C. Vis International Commercial Arbitration Moot, during the last 7 years. d. The Contractor's Professor of Law must have i. 5 + years teaching international commercial law courses; ii. 2 + years working directly with foreign legal students; iii. Experience teaching commercial law to foreign students abroad, spanning over at least 2 years; iv. Publications on International Business Transactions or International Commercial Arbitration. e. The Contractor's project team must include: i. Individual(s) with 5+ years experience teaching legal writing (including research and analysis); ii. Individual(s) with 3+ years experience teaching English for Lawyers; iii. Individual(s) with experience working with the private sector on commercial legal issues abroad. FACTOR 3 - PRICE - In accordance with FAR 52.216-31 Time and Materials/Labor-Hour proposal Requirements-Commercial Item Acquisition (Feb 2007) a. The Government contemplates award of a Time and Materials or Labor-Hour type of a contract resulting from this solicitation. Offerors are required to submit a firm fixed unit price for each CLIN (except the CLIN reserved for travel and travel related expenses. The offerors must submit total firm fixed unit prices. b.The offeror must specify fixed hourly rates in its offer that include wages, overhead, general and administrative expenses, and profit. The offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by - (1) The offerors; (2) Subcontractors; and/or (3) Divisions, subsidiaries, or affiliates of the offeror under a common control. c. The offeror must be actively registered in the Central Contractors Registration, CCR, in accordance with 52.204-7 to receive a contract award. 9. FAR CLAUSES The following listed Federal Acquisition Regulation clauses apply to this acquisition: 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006) 52.209-6 - Protecting the Government's Interest When Subcontracting with contractors Debarred, Suspended, or Proposed for Debarment (Sep 2006) 52.212-4 - Contract Terms and Conditions - Commercial Items (Feb 2007) 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Nov 2006) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 - Option to Extend the Term of the Contract (Mar 2000) 52.222-3 - Convict Labor (Jun 2003) 52.222-19 - Child Labor - Cooperation with Authorities and Remedies (Feb 2008) 52.222-21 - Prohibition of Segregated Facilities (Feb 1999) 52.222-26 - equal Opportunity (Mar 2007) 52.222-36 Affirmative Action for Workers With Disabilities (Jun 1998) 52.222-50 Combating Trafficking in Persons (Aug 2007) 52.223-6 - Drug - Free Workplace (May 2001) 52.225-13 - Restrictions on Certain Foreign Purchases (Feb 2006) 52.232-17 Interest (Jun 1996) 52.232-33 Payment by Electronic Funds Transfer'Central Contractor Registration (Oct 2003) 52.233-3 - Protest After Award (Aug 1996) 52.242-17 - Government Delay of Work (Apr 1984) 52.243-3 - Changes - Time and Materials or Labor Hours (Sep 2000) 52.246-6 - Inspection - Time and Material and Labor Hour (May 2001) 52.247-34 - F.O.B. Destination (Nov 1991) 52.252-2 - Clauses Incorporated by reference (Feb 1998) 10.DOC REGULATIONS The following listed Department of Commerce Acquisition Regulations apply to this acquisition: 1352.201-70 - Contracting Officer's Authority (Mar 2000) 1352.201-71 - Contracting Officer's Technical Representative (COTR) (Mar 2000) 1352.208-70 - Printing (Mar 2000) 1352.209-71 - Organizational Conflict of Interest 9Mar 2000) 1352.209-72 - Restrictions Against Disclosure (Mar 2000) 1352.209-73 - Compliance with the Laws (Mar 2000) 1352.211-70 - Statement of Work/Specifications (Mar 2000) 1352.215-70 - Period of Performance (Mar 2000) 1352.216-70 - Contract Type (Mar 2000) 1352.233-70 - Harmless From Liability (Mar 2000) 1352.246-70 - Inspection and Acceptance (Mar 2000) 1352.247-70 - Packing for Domestic Shipment (Mar 2000) 1352.252-70 - Regulatory Notice (Mar 2000) The Department of Commerce Agency-Level protest Procedures Level Above the Contracting Officer can be found at http://oamweb.osec.doc.gov/CAPPS-car.html. 11.EVALUATION METHOD FAR 52.212-2, Evaluation-Commercial Items (Jan 1999) applies to this acquisition. The Government anticipates making one award under this solicitation without discussions. The evaluation factors are: FACTOR 1 - Technical; FACTOR 2 - Experience; FACTOR 3 - Price. Factor 2 - Experience is more important than Factor 1 Technical. Factor 1 - Technical and Factor 2- Experience are significantly collectively more important than Factor 3 - Price. FACTOR 1 - TECHNICAL, Offerors will be evaluated on their brief capability statement, not exceeding four pages. The Contractor must be an ABA accredited law school, or a unit thereof. The Contractor's program team should include a project leader who is a Professor of Law with administrative responsibilities for international students and/or international legal studies; FACTOR 2 - EXPERIENCE, Offerors will be evaluated on their brief capability statement, not exceeding four pages. The Contractor must have partnered with at least 2 foreign law schools for commercial law instruction through moot court programs. The Contractor must have the capability for digital video conferencing. The Contractor must have 3 years of experience participating in the Wilhelm C. Vis International Commercial Arbitration Moot, during the last 7 years. The Contractor's project leader must have i. 5 + years teaching international commercial law courses; ii. 2 + years working directly with foreign legal students; iii. Experience teaching commercial law to foreign students abroad, spanning over at least 2 years; iv. Publications on International Business Transactions or International Commercial Arbitration. The Contractor's project team must include: i. Individual(s) with 5+ years experience teaching legal writing (including research and analysis); ii. Individual(s) with 3+ years experience teaching English for Lawyers; iii. Individual(s) with experience working with the private sector on commercial legal issues abroad. FACTOR 3 - PRICE, The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation is the most advantageous to the Government, price and other factors considered. Each offer will be reviewed for their relative technical strengths and weaknesses in order to make a best value determination along with the price. 12. INVOICING The contractor shall submit a monthly billing invoices/statement. The invoice shall include all services completed for the month. One 1-original of each invoice shall be submitted on an SF-1034 Public Voucher for Purchases and Services Other Than Personal.The SF-1034 can be located on the GSA Forms Library website: http://www.gsa.gov/Portal/gsa/ep/formslibrary.do?formType=SF The invoice and SF-1034 shall be submitted to the address and to the primary COTR identified in CAR clause 1350.201-71 of the solicitation. Questions regarding payment should be direct to the Contracting Officer identified in Standard Form 1449 of this contract. The contractor shall provide an original invoice for payment to the Department of Commerce National Industry of Science and Technology, NIST, Accounts Payable Office at: NIST Accounts Payable Office, Bldg 101, Room A-836 MS, 1621; 100 Bureau Drive; Gaithersburg MD, 20899. Telephone: +1 (555) 000-0000; Fax: +1 (555) 000-0000; Email: contact@example.gov. NIST will forward the invoice and a payment authorization form, NIST, 162 Form or other document/voucher authorizing Government payment) to the COR or COTR. The COR/COTR will return the invoice and the signed payment authorization form to NIST for payment. A copy of the monthly invoice shall be submitted in accordance with the payment schedule identified on the Form 1449. . De minimis exception: In the event that a given month's invoice does not exceed $150, the Contractor may forgo submission of an invoice for that month and may submit the corresponding costs in the invoice for the following month. The provision at 52.212-1, Instructions to Offerors, - Commercial Items (Sep 2006) applies to this acquisition. In accordance with FAR 52.212-1, Offerors must show the solicitation number, the time specified in the solicitation for receipt of offers, the name, address, and telephone number of the Offerors, a technical description of the items being quoted in sufficient detail to evaluate compliance with the requirements, price, remit to address, if different than mailing address. Offerors must include a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (Nov 2006), with its Offer. The offerors are referred to www.orca.bpn.gov for this requirement. The Defense Priorities and Allocations System, DPAS, does not apply to this acquisition. Offerors shall submit 1-electronic proposals on CD-ROM, with four 4-original paper copies of SF1449 of its quote to U.S. Department of Commerce, CAS, OS Business Solutions Team, Sol: SA1301-8-RP-0018, 14th & Constitution Ave. N.W., Room 6520, Washington, DC 20230, Attn: Wendy M. Clare. THE CLOSING DATE FOR RECEIPT OF QUOTES IS 12:00 PM LOCAL TIME, July 31, 2008.. FAX and EMAIL SUBMISSIONS SHALL NOT BE ACCEPTED. Questions regarding this acquisition should be forwarded to Zerrin Langer: +1 (555) 000-0000; email contact@example.gov on or before July 18, 2008. This Solicitation shall not be construed as a commitment of any kind. Any proposal not submitted on a SF1499 will be returned and not considered as a submission to this solicitation.