Intensive Testimony Skills Workshop Outlines, Instructions, and Materials

(i) 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. (ii) Solicitation number SECHQ113Q0162 is issued as request for quotation (RFQ). (iii) Solicitation number SECHQ113Q0162 incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-67 effective July 22, 2013. (iv) This is an unrestricted acquisition (i.e. no set-aside). The NAICS code for this procurement is 611310, Size Standard $7.0 Million. (v) Proposers shall provide firm-fixed pricing for instructions and materials that will develop and enhance investigative testimony skills for staff at the location(s) and in the formats listed in the description of requirements in paragraph (vi) below. (vi) Description of Requirements: 1.0 Background The SEC's mission is to protect investors, maintain fair, orderly and effective markets, and facilitate capital formation. In support of this mission, the SEC investigates possible violations of the Federal Securities laws. An element of these investigations frequently includes taking testimony of individuals who may have relevant information. To assist SEC staff in developing and honing investigative testimony skills, the SEC is interested in developing an intensive testimony skills workshop. 2.0 Scope The Contractor shall provide the SEC with workshop outlines, instructions, faculty materials and participant materials that will develop and hone investigative testimony skills of staff who prepare for and take testimony in securities investigations. The workshop is expected to span a minimum of five (5) business days. Materials shall be based primarily on a primary case study plus additional case studies and vignettes, all of which shall form the basis of instruction on specific elements of taking testimony effectively, and shall cover the areas identified on Attachment 1. 3.0 Objective In order to support its efforts in providing training for investigative testimony, SEC requires a qualified contractor to prepare materials that will develop and hone investigative testimony skills for staff that prepare for and take testimony in securities investigations. 4.0 Requirements 1. The Contractor shall have substantial experience in each of the following: a. Creating and developing advocacy-related workshop case studies, vignettes, lectures and additional materials for the purpose of teaching advocacy skills in workshops that span several consecutive business days. Experience in creating and developing such materials in an investigative context, rather than litigation, is strongly preferred. b. Creating programs that follow an instructional design model focused on on-your-feet, - learning by doing exercises and simulations with constructive faculty technique. c. Creating and delivering train-the-trainer workshops designed to: i. teach a method of delivering focused, specific and constructive critiques of both live and video-taped performances of students participating in - learning by doing advocacy exercises, ii. effectively counsel students for improved performance, iii. analyze and evaluate case analysis, iv. organize and structure investigative skills advocacy programs, v. facilitate experiential learning, and vi. teach a group while critiquing an individual. 2. The Contractor shall create and develop the following materials (the - Materials) that faculty will use to instruct over the course of the workshop and participants will use to develop and hone their investigative testimony skills: a. Workshop outline b. Detailed instructions regarding the format, duration, content and subject of each component part of the workshop c. A primary case study on which most of the content of the workshop will be based d. Additional case studies and vignettes e. Lectures f. Demonstration outlines g. Faculty guides, outlines and materials 3. The Materials shall cover the areas identified on Attachment 1. 4. The workshop shall span a minimum of five (5) business days. 5. The workshop will follow an instructional model that emphasizes on-your-feet, - learning by doing exercises and simulations with constructive faculty critique. In addition, the workshop also will contain some lectures and demonstrations. 6. The primary case study shall be based on a securities offering fraud investigation. 7. Additional case studies and vignettes shall be based on types of investigations identified by SEC staff. 8. The Contractor shall work with designated SEC staff to develop the Materials. 9. The Contractor shall train up to twenty-five (25) SEC staff to serve as faculty for the workshop. All faculty training shall take place during two (2) to three (3) consecutive weekdays, during normal business days and hours, at the SEC's headquarters office. 10. Faculty training shall a. teach a method of delivering focused, specific and constructive critiques of both live and video-taped performances of students participating in - learning by doing advocacy exercises, b. effectively counsel students for improved performance, c. analyze and evaluate case analysis, d. organize and structure investigative skills advocacy programs, e. facilitate experiential learning, and f. teach a group while critiquing an individual. 11. The target audience for the workshops will be all SEC professionals in the Division of Enforcement who are involved in planning for and taking testimony regardless of whether they hold a Juris Doctor degree. 5.0 Deliverables or Delivery Schedule 5.1 The Materials shall be delivered as set forth below in (1) electronic format, Microsoft Word files, and (2) hard copy, paper files. 5.2 The Materials shall be delivered in final form within four (4) months of the award of the contract. 5.3 The deliverable shall be delivered to the following addresses: 1. Electronic format, Microsoft Word files shall be delivered to [email addresses to be provided upon award]. 2. Hard copy, paper files shall be delivered to: [Contact Name to be provided upon award] Training Coordinator, Division of Enforcement U.S. Securities and Exchange Commission 100 F Street, NE Washington, DC 20549 5.4 The Materials shall be complete and in conformance with Federal Securities laws at the time of delivery. 5.5 The Enforcement Training Coordinator will assess the Contractor's ability to provide and manage a quality assurance plan that will ensure delivery of Materials at or above an acceptable quality level of customer satisfaction. The evaluation will consider the relevance, credibility, responsiveness and completeness of performance and services offered. Reviews will take place weekly until delivery of final Materials. 5.6 Training faculty for the workshop shall take place within six (6) weeks after delivery of final Materials or on such other schedule as the Enforcement Training Coordinator shall determine, in consultation with the Contractor. 5.7 Legending of Deliverables The Contractor shall affix a legend on all deliverables, reports and other documentation provided under this contract, including drafts, indicating that the document is the product of the Contractor. This may be accomplished by a legend on the first page of the document and a running header throughout the document, in a form agreed to by Contractor and the COR. Contractor shall not indicate or assert that its documentation is the work of the SEC. 6.0 Government-Furnished Equipment and Government Furnished Information Not applicable 7.0 Security Requirements Not applicable (vii) Period of Performance: The period of performance will be for twelve (12) months. Place of Performance: To be determined. Anticipated Contract Type: The Government anticipates awarding a firm-fixed pricetype contract. The anticipated award date is September 22, 2013. (viii) The provision at FAR 52.212-1, Instructions to Offerors - Commercial Items (Jul 2013), applies to this acquisition. Offeror's may obtain full text versions of the provision electronically at http://www.acquisition.gov/far/. Parties responding to this solicitation who believe they can provide instructions and materials that will develop and enhance investigative testimony skills for staff may submit their quote in accordance with their standard commercial practices (e.g., on company letterhead, formal quote form, etc.) but must include the following information: (1) The solicitation number SECHQ113Q0162; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number and DUNs number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may also include product literature, sample workshop materials or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) - Remit to address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (9) A copy of System for Award Management (SAM) registration (see https://www.sam.gov/portal/public/SAM/) or a copy of System for Award Management application; (10) Acknowledgment of Solicitation Amendments; (11) Narrative addressing capability to provide the Intensive Training Skills Workshop in accordance with the requirements herein, and past performance, including three (3) references (including a. Name of Agency/Organization; b. Contract number; c. Contract type; d. Total contract value; e. Description of contract work; f. Contracting officer (or similar representative), telephone #, and email address) for contracts performed within the past 3 years that are similar in size and scope to this requirement; (12) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration; and (13) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. (ix) The provision at FAR 52.212-2, Evaluation - Commercial Items (Jan 1999), applies to this acquisition as follows: 52.212-2 Evaluation'Commercial Items (Jan 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: 1. Technical Approach and Understanding 2. Past Performance 3. Price Technical and past performance, when combined, are significantly more important than price. (b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (x) Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications'Commercial Items, with its offer, or indicate that representations and certifications are available on-line in the Reps & Certs section of their System for Award Management (SAM) record available at https://www.sam.gov. (xi) FAR 52.212-4, Contract Terms and Conditions'Commercial Items (Jul 2013), applies to this acquisition and a statement regarding any addenda to the clause. (xii) FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders'Commercial Items (Jul 2013), applies to this acquisition. The following FAR clauses cited in this clause are applicable to the acquisition: 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jul 2013) (31 U.S.C. 6101 note). 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). 52.219-16, Liquidated Damages'Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). 52.222-3, Convict Labor (June 2003) (E.O. 11755). 52.222-21, Prohibition of Segregated Facilities (Feb 1999). 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). 52.222-54, Employment Eligibility Verification (JUL 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). 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'System for Award Management (Jul 2013) (31 U.S.C. 3332). 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 the period of performance of the contract. (xiii) Contract financing arrangements and warranty requirements are not applicable. (xiv) Defense Priority and Allocations System (DPAS) is not applicable.. (xv) The due date and time for Quotes is Thursday, August 29, 2013 at 2:00 pm local time (Eastern). Late quotes may not be accepted. Quotes shall be delivered to Nancy Foster, contact@example.gov, and cc'd to Regina Mumford-Rush, contact@example.gov, respectively. (xvi) All questions concerning this RFQ shall be submitted in writing to Nancy Foster at contact@example.gov, no later than 10:00 a.m. local time (Eastern), Thursday, August 15, 2013. Questions will not be answered orally. E-mail submission of questions is required. Questions submitted after the specified time/date may not be addressed.