Horticulture Instructor Services

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice and is subject to the rules of FAR Part 12 and 14. This announcement constitutes the only solicitation; bids are being requested and a written solicitation will not be issued. This notice constitutes solicitation IFBP04131200003 and is being issued as an Invitation for Bids through Federal Acquisition Circular 2005-58. All responsible small business concerns may submit a quote which will be considered. Faith-Based and Community-Based Organizations can submit bids/quotes equally with other organizations for contracts for which they are eligible. The applicable NAICS code for this acquisition is 611513 and the small business size standard is $7.0 million. The Federal Bureau of Prisons, Field Acquisition Office, Grand Prairie, Texas intends to establish a firm-fixed price indefinite-delivery, requirements type contract for the provision of Dental Assistant Services for the Federal Correctional Institution located in Safford, Arizona. A description of the services required is attached to this posting and labeled as Attachment 001. CONTRACT CLAUSES: 52.252-2 -- Clauses Incorporated by Reference (Feb 1998). A resultant contract will incorporate one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a FAR clause may be accessed electronically at this address: www.acquisition.gov. Full text copies of Justice Acquisition Regulation (JAR) clauses or BOP clauses may be requested in writing from the Contracting Officer. 52.212-4 Contract Terms and Conditions--Commercial Items (FEB 2012) with addendum to incorporate the additional clauses listed below into this solicitation and any resulting contract. 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT2010) 52.204-4 Printed or copied double-sided on Post consumer Fiber content Papaer (MAY2011) 52.204-7 Central Contractor Registration (FEB2012) 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.223-5 Pollution Prevention and Right to Know Information (JAN 1997) 52.224-1 Privacy Act Notification (APR 1984) 52.224-2 Privacy Act (APR 1984) 52.228-5 Insurance - Work on a Government Installation (JAN 1997) Workers compensation or Employers liability: $100,000; and Comprehensive General Liability: $500,000 per occurrence for bodily injury. 52.232-18 Availability of Funds (APR 1984) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1994) 52.253-1 Computer Generated Forms (JAN 1991) The following clauses will be incorporated into a resultant contract in full text with applicable fill-in information as noted: 52.216-18 Ordering (OCT 1995) - (a) from the first day of the effective performance period through the last day of the effective performance period 52.216-19 Order Limitations (OCT 1995) - (a) less than one session; (b) (1) the estimated quantities identified in the Schedule of Items within the current performance period; (b) (2) the estimated quantities identified in the Schedule of Items within the current performance period; (b) (3) 30 days; (d) 5 days 52.216-21 Requirements (OCT 1995) - (f) after the last day of the effective performance period 52.217-8 Option to Extend Services (NOV 1999) prior to the expiration of the current performance period 52.217-9 Option to Extend the Term of the Contract (MAR 2000) - prior to expiration of the current performance period; 60 days; but excluding the exercise of any option under the clause at 52.217-8 which is also incorporated into this contract, shall not exceed five (5) years. 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 1989) Occupational Title: Technical Instructor, Estimated wage and benefits $29.49 52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984) - beyond September 30th of the Base year or any option year exercised; beyond September 30th of the Base year or any option year exercised 2852.223-70, Unsafe Conditions Due to the Presence of Hazardous Material (JUNE 1996) (a) "Unsafe condition" as used in this clause means the actual or potential exposure of contractor or Government employees to a hazardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other material or working condition designated by the Contracting Officer's Technical Representative (COTR) as potentially hazardous and requiring safety controls. (b) The Occupational Safety and Health Administration (OSHA) is responsible for issuing and administering regulations that require contractors to apprise its employees of all hazards to which they may be exposed in the course of their employment; proper conditions and precautions for safe use and exposure; and related symptoms and emergency treatment in the event of exposure. (c) Prior to commencement of work, contractors are required to inspect for and report to the contracting officer or designee the presence of, or suspected presence of, any unsafe condition including asbestos or other hazardous materials or working conditions in areas in which they will be working. (d) If during the performance of the work under this contract, the contractor or any of its employees, or subcontractor employees, discovers the existence of an unsafe condition, the contractor shall immediately notify the contracting officer, or designee, (with written notice provided not later than three (3) working days thereafter) of the existence of an unsafe condition. Such notice shall include the contractor's recommendations for the protection and the safety of Government, contractor and subcontractor personnel and property that may be exposed to the unsafe condition. (e) When the Government receives notice of an unsafe condition from the contractor, the parties will agree on a course of action to mitigate the effects of that condition and, if necessary, the contract will be amended. Failure to agree on a course of action will constitute a dispute under the Disputes clause of this contract. (f) Nothing contained in this clause shall relieve the contractor or subcontractors from complying with applicable Federal, State, and local laws, codes, ordinances and regulations (including the obtaining of licenses and permits) in connection with hazardous material including but not limited to the use, disturbance, or disposal of such material. (End of Clause) 52.21-603-70 Contract Monitor - (a) Paul Peterson, Supervisor of Education, FCI Sandstone, is hereby designated as the Contract Monitor (CM) under this contract. (b) The CM is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provide hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contractor effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment. (c) The CM does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes. 52.27-103-72 - DOJ Contractor Residency Requirement - BOP (JUN 2004) For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commitment, individuals or contractor employees providing services must have: 1. Legally resided in the United States (U.S.); 2. worked for the U.S. overseas in a Federal or military capacity; or 3. been a dependent of a Federal or military employee serving overseas. If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current information regarding allied countries: http://www.opm.gov/employ/html/citizen.htm 52.24-403-70 - Notice of Contractor Personnel Security Requirements (OCT 2005) Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I. 1. Long-Term Contractor Personnel: In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 contractor employee whose background investigation (BI) process begins on or after October 27, 2005: a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form I-9, OMB No. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture ID); b. Contractor Personnel must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed sometime during the clearance process but prior to badge issuance and must be documented by the DOJ official; c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position. Outlined below are the minimum BI requirements for each risk level: High Risk - Background Investigation (5 year scope) Moderate Risk - Limited Background Investigation (LBI) or Minimum Background Investigation (MBI) Low Risk - National Agency Check with Inquiries (NACI) investigation d. The pre-appointment BI waiver requirements for all position sensitivity levels are a: 1) Favorable review of the security questionnaire form; 2) Favorable fingerprint results; 3) Favorable credit report, if required;3 4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level; and 5) Favorable review of the National Agency Check (NAC) 4 portion of the applicable BI that is determined by position sensitivity/risk level. A badge may be issued following approval of the above waiver requirements. If the NAC is not received within five days of OPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau of Investigation Criminal History Check (i.e., fingerprint check results). e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges issued under these procedures will be suspended or revoked. 2. Short-Term Contractor Personnel: It is the policy of the DOJ that short-term contractors having access to DOJ information systems and/or DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items 1a. and 1b. above. The pre-appointment waiver requirements for short-term contractors are: a. Favorable review of the security questionnaire form; b. Favorable fingerprint results; c. Favorable credit report, if required;5 and d. Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commensurate BI does not need to be initiated. A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of issuance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PIV-I identity proofing process. For example, if a contractor employee requires daily access for a three or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a second request is submitted for the same contractor employee within a twelve-month period for the purpose of extending the initial contract or for employment under a totally different contract for another three or four-week period, this contractor would now be considered "long-term" and must be cleared according to the long-term requirements as stated in this interim policy. 3. Intermittent Contractors: An exception to the above-mentioned short-term requirements would be intermittent contractors. a. For purposes of this policy, "intermittent" is defined as those contractor employees needing access to DOJ information systems and/or DOJ facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For example, the water delivery contractor that delivers water one time each week and is working on a one-year contract. b. Contractors requiring intermittent access should follow the Department's escort policy. Please reference the August 11, 2004, and January 29, 2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted access. c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contractor, the same pre-employment background investigation waiver requirements that apply to short-term contractors are required. d. If an intermittent contractor is approved for unescorted access, the contractor will only be issued a daily badge. The daily badge will be issued upon entrance into a DOJ facility or space and must be returned upon exiting the same facility or space. e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year. 4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated BI meeting HSPD-12 and DOJ's BI requirements. 5. The DOJ's current escorted contractor policy remains unchanged by this acquisition notice. Notes: 1. FIPS 201 is available at: www.csrc.nist.gov/publications/fips/fips201/FIPS-201-022505.pdf 2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-I identity proofing process, including initiation and adjudication of the required background investigation, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-II) requires badge issuance to all affected long-term contractors. 3. For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package. 4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations to OPM. Per OPM ' s instructions, to obtain an Advance NAC Report, a Code " 3" must be placed in block " B " of the " Agency Use Only " section of the investigative form. This report is available for all case types. 5.For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package. Evaluation of Contractor Performance utilizing CPARS (April 2011) The services, although not directly supervised, shall be reviewed by Federal Bureau of Prisons (BOP) staff to ensure contract compliance. The contractor's performance will be evaluated in accordance with FAR 42.15. Contract monitoring reports will be prepared by the Contacting Officer's Technical Representative (COTR) or Contract Monitor (CM) and maintained in the contract file. In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit it to the Past Performance Information Retrieval System (PPIRS). The BOP utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to provide contractor performance evaluations. The contractor shall provide and maintain a current e-mail address throughout the life of the contract. The contractor will receive an e-mail from the Focal Point thru the following website address contact@example.gov the contract is registered in CPARS. The e-mail will contain a "user ID" and temporary password to register in the CPARS system. The contractor must be registered to access and review its evaluation and/or provide a response. If assistance is required when registering, please contact the Contracting Staff/Focal Point. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (May 2012)- (b) 1, 4, 6, 12, 14, 17, 23, 26, 28,29, 30, 31, 32, 33, 34, 38, 42, 47; (c) 1, 3- WD 2005-2025 Revision 13, 2- $21.85 (exclusive of benefits) for occupational code; and 3. OTHER CONTRACT TERMS AND CONDITIONS: Type of Contract: A resultant contract will be an indefinite delivery/requirements type contract with firm-fixed pricing. It is anticipated that a contract award resulting from this solicitation will be made August 1, 2012. The resulting contract will include a base year from the effective date, with four (4) possible 12-month option years for renewal at the unilateral discretion of the Government. Pursuant to FAR 17.203(b), the Government's evaluation shall be inclusive of options. Pursuant to FAR 17.203(d), quoters may quote varying prices for options, depending on the quantities actually ordered and the dates when ordered. Quoters are advised that the Government has the unilateral right to exercise option periods in accordance with FAR 43.103(b) and 52.217-9, "Option to Extend the Term of the Contract" and 52.217-8, "Option to Extend Services." Performance Period: Base Year: Effective date of award (EDOA) through 12 months from EDOA Option Year 1: 13 months from EDOA through 24 months from EDOA Option Year 2: 25 months from EDOA through 36 months from EDOA Option Year 3: 37 months from EDOA through 48 months from EDOA Option Year 4: 49 months from EDOA through 60 months from EDOA The contractor shall commence performance of services by submitting information to initiate security clearance procedures within 5 calendar days from effective date of award of the contract. In accordance with FAR 46.503 and 46.403(a) (6), the place of acceptance for services under this contract is FCI Sandstone, Minnesota. Ordering Official: Task orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for the institution with an appropriate certificate of appointment or a delegation of authority for commercial purchase card purchases. Orders may be issued orally, faxed or electronically. Security and Investigative Requirements: The employees of the contractor entering the institution may be required to meet certain security requirements prior to entering the institution. Primary concerns are the amount of contact that may occur between the contractor and his/her employees with the inmate population during the performance of the contract. Contractor employees are allowed access to the institution at the sole discretion of the Warden of the institution. The program manager at the BOP facility is responsible for conducting the appropriate law enforcement check on all contractor staff that may need access inside the prison facility. The following investigative procedure will be performed: 1). National Crime Information Center (NCIC) check; 2). DOJ 99 (Name Check); 3). FD 258 (fingerprint check); 4). Law Enforcement Agency checks; 5). Vouchering of Employers; 6). Resume/Personal Qualifications; 7). OPM 329 A (Authority for Release of Information); 8). National Agency Check and Inquiries (NACI) check (if applicable); and 9). Urinalysis Test (for the detection of marijuana and other drug usage) By submitting a bid for service, the contractor and its employees agree to complete the required documents and undergo the listed procedure. An individual who does not pass the security clearance will be unable to enter the BOP facility. Any individual employed by the contractor who is deemed not suitable by the BOP requirements will not be granted access to perform services under the contract. This is a condition of the contract. Finally, the contractor shall be in compliance with 8 CFR 274a regarding employment of aliens. Privacy Act Notification: A resultant contract will require contracted staff to operate a system of records and maintain documentation that will require adherence to the Privacy Act of 1974. The system of records will be maintained in accordance with community standards for adult education. The contractor and/or staff are not authorized to disclose this or any information pertaining to an inmate to any non-BOP source. Any requests for such information shall be forwarded to the Contracting Officer or Contract Monitor for proper disposition. Non-personal services: A resultant contract will be a non-personal services contract, as defined in FAR 37.101, under which the contractor is an independent contractor. Award of a contract does not constitute an employer/employee relationship. The contractor will not be subject to Government supervision, except for security related matters; however, contractor performance shall be closely monitored to ensure contract compliance. SOLICITATION PROVISIONS: 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a FAR clause may be accessed electronically at this address: www.acquisition.gov 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEPT2007) 52.216-1 Type of contract (APR1984) the government contemplates the award of an indefinite delivery/requirements type contract with firm-fixed pricing. 52.212-1 Instructions to Offerors - Commercial Items (FEB 2012) The additional provisions listed below are incorporated into this solicitation via addendum to this provision. 52.212-3 Offeror Representations and Certifications - Commercial Items (APRIL 2012) 52.214-4 False Statements in Bids (APR 1984) 52.214-5 Submission of Bids (MAR 1997) 52.214-6 Explanation to Prospective Bidders (APR 1984) 52.214-7 Late Submissions, Modifications and Withdrawals of Bids (NOV 1999) 52.214-10 Contract award - Sealed Bidding (JUL 1990) 52.217-5 Evaluation of Options (JUL 1990) 52.237-1 Site Visit (APR 1984) The following provisions will be incorporated into a resultant contract in full text with applicable fill-in information as noted: 52.233-2 Service of Protest (AUG 1996) (a) Procurement Executive, BOP, 320 First Street, N.W., Room 5005, Washington, D.C. 20534 2852.233-70, Protests filed directly with the Department of Justice (JAR 2833.102(d)(1)(i) JAN 1998 Faith-Based and Community- Based Organizations (AUG 2005) - can submit offers/bids/quotations equally with other organizations for contracts for which they are eligible. Common Law Employee Notification (OCT2003) This service has been determined to be that of a common law employee if awarded to an individual. Therefore, the following applies:-Individuals, other than corporations, shall submit a fully completed W-4, Employee's Withholding Allowance Certificate, along with their quotation or offer.-When award is made to an individual, the provision of these services has been determined to meet certain criteria for creating a common law employment relationship. Therefore, the BOP is responsible for the payment of FICA taxes (7.65 percent) and the withholding of the individual employee's taxes. These responsibilities apply only when award of this solicitation is made to an individual. It does not apply to companies or individuals who are incorporated. For evaluation purposes, an additional 7.65 percent will be added to the price submitted by individuals who are not incorporated. Central Contractor Registration - Bidders are advised that the Contracting Officer will verify registration in the Central Contractors Registration database (www.ccr.gov) and the Online Representations and Certifications Application (orca.bpn.gov) prior to award of any contract, by entering the potential awardee DUNS number into each database. Failure to complete the registration may result in elimination from consideration for award. FOIA- Bidders are further advised to mark each individual item within their bid considered privileged or confidential under the Freedom of Information Act with notification that the data is considered confidential and privileged and not subject to mandatory disclosure under the FOIA. Award Methodology - The government intends to make a single award to a bidder, pursuant to an affirmative determination or responsibility, whose quote, conforming to the solicitation, is determined to be the most advantageous to the government, considering lowest price. IFB Attachments: 001 - Statement of Work 002 - Department of Labor Wage Determination 003 - Envelop Label SUBMISSION OF BIDs: Sealed bids shall be submitted on or before the bid deadline date of July 17, 2012 at 10:00 am CST. Sealed bids shall be submitted to the following address: Michelle Morgan Federal Bureau of Prisons Field Acquisition Office U. S. Armed Forces Reserve Complex 346 Marine Forces Drive Grand Prairie, TX 75051 Bids will be accepted by mail or hand-carried delivery. Mailed or Hand-carried bids must be delivered to the attention of Michelle Morgan at the address shown. The official point of receipt for hand-carried bids will be at the first floor reception area of the address listed above. Bids received after the bid deadline will be handled in accordance with FAR 52.212-1(f). Faxed bids will not be accepted. Public opening of bids will occur at the address listed above. Please give 48 hours advance notice to Contracting Officer if you wish to attend the bid opening. REQUIRED SUBMITTALS: On letterhead or business stationary, the following required information MUST be submitted. Failure to provide required information may result in your bid not being considered. The label (see attachment 003) shall be used on the envelope containing all pricing information. Complete the information on the label and cut and paste or transfer it to the Lower left corner of the envelope containing your bid. Print or type your name and address in the Upper left corner of the envelope containing your bid. (1) Contractors DUNS Number (2) Prices offered for: Base Year: Effective date of award (EODA) through 12 months from EDOA 1440 sessions x $ ________ = $ ________(estimated maximum) Option Year 1: 13 months from EDOA through 24 months from EDOA 1440 sessions x $ ________ = $ ________(estimated maximum) Option Year 2: 25 months from EDOA through 36 months from EDOA 1440 sessions x $ ________ = $ ________(estimated maximum) Option Year 3: 37 months from EDOA through 48 months from EDOA 1440 sessions x $ ________ = tiny_mce_marker_______(estimated maximum) Option Year 4: 49 months from EDOA through 60 months from EDOA 1440 sessions x tiny_mce_marker_______ = $ ________(estimated maximum) Pricing must be offered for each contract period: Base Year, Option 1, Option 2, Option 3, and Option 4. (3) A completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items if different from entry made to the Online Representations and Certifications Application (ORCA) site located at orca.bpn.gov. Please ensure that a business size is listed for this requirement's applicable NAICS code - [enter applicable NAICS code]. (4) Documentary evidence of compliance with qualifications (name of candidate, resume and required certifications). (5) Point of Contact information for professional references. The contractor should provide a list of the last three contracts awarded to your organization which are of a related nature, size, and scope. Include the following for each: Customer Name, Address, Phone, Fax, Email address; Contract Number; Contact Person; Type of Work; Contract Amount; Contract Status (Active or Complete). (6) Point of contact information for a financial reference to include Bank Name, Address, Phone, Email address, and Contact Person. If your references will require a Release of Information statement - provide it with your bid submittal. Any bidder desiring to be present during a bid opening occurring at the FBOP Field Acquisition Office located in Grand Prairie, TX must submit the name of the person who will attend no less than 48 hours in advance of the Bid Opening.