INTERMITTENT CONTRACTOR/SUBJECT MATTER EXPERT (SME)

CBPIC-2012-1 Classification Code: R -- Professional, administrative, and management support services NAICS Code: 541 -- Professional, Scientific, and Technical Services/541990 -- All Other Professional, Scientific, and Technical Services INTERMITTENT CONTRACTOR/SUBJECT-MATTER EXPERT (SME) BACKGROUND: U.S. Customs and Border Protection (CBP) operates numerous international training and assistance programs in various countries throughout the world which address the entire range of customs and border control operations. To effectively implement these programs, CBP requires the services of skilled and knowledgeable individuals (i.e., contractors) on an intermittent (short-term) basis. Short-term or intermittent is defined as a single assignment for 180 calendar days or less. Intermittent Contractors (ICs) will be required to perform various tasks such as providing training, utilizing specialized equipment, or providing of professional and technical assistance in specific topical areas. Note: This is an annual notice, for Intermittent Contractors (Subject Matter Experts), announcing CBP's process and giving interested individuals and firms an opportunity to apply (see process below). There are no known immediate requirements but new requirements for these services may arise at any time. This notice will remain open and the opportunity for individuals/firms to apply will continue until this notice is modified to the contrary or canceled. The previous announcement/notice on this subject published at www.fbo.gov 10/7/2011 (#CBP-IC-2011-1) is canceled and superseded by this notice. ASSIGNMENT EXAMPLES: The following is a delineation of the types of general services that ICs are expected to provide under their contracts, as required. A more specific description of services or tasks shall be identified and provided to the ICs upon selection and award of an order/contract. Note: While minor elements of performance under an order/contract may be performed in the United States (such as but not limited to meeting with program officials in Washington, DC or in other domestic locales, telephonic and/or email correspondence, etc.), primary performance of assignments is outside of the United States. 1) Training: The IC may be required to present customs or border control training based on an existing CBP curriculum. The IC shall serve as a subject matter expert and/or presenter. Instruction may include, but is not limited to, the areas of narcotics interdiction, port security, customs investigative techniques, money laundering, intellectual property rights, control of weapons of mass destruction, commercial import/export operations, or customs valuation. In general, the topic and contents of the course will be established, in advance, with course material normally provided by CBP. The selected candidate(s) is expected to have the appropriate experience and training to serve as an instructor in general and in specific areas of instruction. 2) Course Development: The IC may be required to develop a set of course materials on a given topic for later presentation by either CBP personnel or in-country advisors, as required. Courses to be developed could be in any customs or border control-related areas such as those described for TRAINING above. The selected candidate(s) is expected to have the appropriate experience and training in course development for one or more related areas. 3) Assessments: The IC may conduct on-site assessments of customs administrations and other border control agencies located in foreign countries, as required. Assessments may be general in scope or geared to specific areas (e.g., control of weapons of mass destruction, assessment of aviation equipment assets or of aviation programs, intellectual property rights, etc.). Tasks could include such actions as physical border surveys, and broader surveys of the entire governmental enforcement system. The selected candidate(s) is expected to have the necessary experience and skills to complete an authoritative and professional review of the specific agencies or programs, and to prepare summaries, analyses, recommendations, trip reports, and/or other written work product(s). 4) Technical Assistance: The IC may provide technical assistance in highly specialized areas such as legal reform, inspectional technology (high and low tech), port security, or specialized field operations. For example, in the area of legal reform, tasks may include the review of customs laws and regulations of a country, making recommendations for improvements, and/or providing technical assistance in the preparation of new laws and regulations that meet the needs of a specific country. The selected candidate(s) is expected to possess specialized knowledge, experience, and background related to specific areas of expertise. 5) Augmentation of a Team: The IC may augment a technical team or temporarily replace a technical team member. As an additional team member, the IC will undertake general or specific tasks associated with various projects such as the development of an interagency taskforce or the review of personnel policies. As a replacement or fill-in, the IC may replace and assume the tasks of a technical team member who may be away from post for an extended period of time. The selected candidate(s) is expected to possess the necessary knowledge, experience, and skills to serve as an additional team member, or replacement member. CONTRACT/ORDER TERMS and CONDITIONS: Assignment Duration: It is not envisioned that an IC would be on duty more than 180 days in a 12 month (consecutive) period. Most IC assignments will be less than 30 days, with adequate advance notice given prior to assignment/deployment, while some IC assignments may last up to the full 180 calendar days. In the event that a requirement must be extended beyond the 180 day period, a modification will be issued on a bilateral basis for such extension. ICs should note that international travel may occur on more than one occasion for a given order. If an IC declines more than two assignments, he or she may be excluded from further consideration at the discretion of CBP. Possible Duty Locations: ICs must be willing and able to work in any country in which CBP conducts operations. CBP training and assistance projects are currently ongoing in all regions of the world. Compensation and Other Reimbursements: 1) ICs will be compensated for their performance on a fixed-priced basis at the rate of $2,400.00 per week for all ICs or prorating thereof (i.e., $480.00/day, $60.00/hour), for the period of time estimated by CBP for completion of the assignment, excluding travel days. 2) All authorized hours worked will be paid at the above hourly rate. 3) There are no provisions for an overtime or premium rate. Work is generally to be performed during the normal workweek however, the Contractor may work on weekends and be compensated at normal hourly rate (i.e., $60.00) with the express authorization of the Contracting Officer and/or Program Manager. Other Requirements: 1) Prospective ICs may be required to undergo updated background investigations to obtain a SECRET security clearance from CBP. If for some reason a clearance cannot be granted, the prospective IC may be excluded from consideration from any assignments calling for such clearances. 2) For some specific assignments, foreign language ability may be a requirement for selection. 3) All materials provided to or developed by the IC under a contract are the property of CBP, may not be released to any other party without express permission from CBP, and are subject to return to CBP upon conclusion of the contract (or sooner upon receipt of a request from CBP). Travel: All travel will be under U.S. Government travel orders (separate and apart from the contract) and in accordance with applicable U.S. Government travel regulations. ICs will be reimbursed for all official travel upon completion of a travel voucher in accordance with an approved travel authorization. The IC will be responsible for purchasing airline or other common carrier tickets subsequent to approval of travel. ICs are not authorized to receive an advance for expenses for lodging, meals and/or travel incidentals. The embassy will be making travel arrangements in country. Travel time to and from the United States (and within the United States) is not compensable for pay purposes. CONSIDERATION of APPLICANTS: Both individuals and organizations are welcome to apply. Applications are to be submitted on an individual basis (one for each proposed IC applicant/person). Interested parties are to submit their qualifications in resume format, to be accompanied by a completed CBP - QUESTIONNAIRE FOR INTERMITTENT CONTRACTOR available at FedBizOpps (accompanies this Notice). Beginning with the date of this notice, all applicants must submit the most recent revision of the questionnaire (currently Rev 8-07) in order to be considered. In order to ensure that full consideration is given, applicants are encouraged to review the form OF-612, available at http://www.opm.gov/Forms/pdf_fill/of612.pdf. A copy of the 6/2006 version available at the above website at the time this notice was published is also available at FedBizOpps. Applicants are encouraged to review the information and topics covered on the OF-612 form and ensure that their resumes contain the same data elements that appear in that form. Applicants should NOT use the form OF-612 for the purpose of submitting an application, however. Resume packages (i.e., resume & completed questionnaire) will be accepted by e-mail only. INTERESTED INDIVIDUALS/FIRMS ARE TO SUBMIT THEIR APPLICATIONS AND RELATING DOCUMENTS TO: CBPIC@cbp.dhs.gov DO NOT SUBMIT TO THE CONTRACTING OFFICE STAFF. A representative of the designated receiving office (above) will acknowledge receipt of applications via email within 5 business days of receipt. If no acknowledgement is received within 5 business days after transmitting, applicants are encouraged to follow up by sending an email inquiry to the email address above to ensure receipt of their applications. If for some reason, the applicant still does not receive a response, the applicant is encouraged to follow up with the Contracting Officer. NOTE: Applicants who applied under a previous notice/announcement are encouraged to submit new application packages in accordance with the guidance and requirements herein, to include a completed questionnaire. METHOD of SELECTION/OPERATION, INSURANCE and PHYSICAL EXAM REQUIREMENTS: The CBP Office of International Affairs will evaluate the resume and questionnaire packages received for technical ability. CBP may exclude any applicant from consideration if it is unable to conduct a comprehensive evaluation of his/her qualifications from the documents submitted. Qualified and otherwise acceptable candidates will then be added to a Qualified Bidders List from which IC candidates are selected and may be awarded an order/contract for one or more assignments in the future as needs arise. CBP will select the most highly qualified and available candidate for each given requirement. Prospective ICs must be physically fit, able to perform the duties of an assignment and may be required to obtain a physical examination and certification that they are fit for travel anywhere in the world for assignments up to 180 calendar days. If selected for a contract award and CBP elects to require that the prospective IC obtain a physical, CBP will reimburse the IC for reasonable actual costs (not to exceed $500.00) by including this item on the order/contract, as described above. ICs are required to obtain emergency evacuation insurance coverage when traveling to foreign locations. The order/contract document will provide for reimbursement of reasonable actual costs for this coverage (not to exceed $500.00). In situations where an IC currently has emergency evacuation insurance coverage in place which will extend through the period of proposed performance, new coverage need not be obtained. In such cases, the IC must present written proof of coverage to the officer making the inquiry as to availability before an order will be placed. REQUIRED REGISTRATION @ WWW.CCR.GOV: Prospective ICs must be registered and have "ACTIVE" status in the government CENTRAL CONTRACTOR REGISTRATION (CCR) system at www.ccr.gov prior to issuance of an order/contract. CBP strongly recommends that applicants complete their registration as soon as possible after submitting an application. The process involves input of business information and registration with Dun and Bradstreet to obtain a D&B number. Applicants must include their D&B/DUNs # on the questionnaire (see above). NOTE: Applicants must follow up this process aggressively to ensure that ACTIVE status is attained. Registration data is valid for one year and must be updated at time of expiration in order for status to remain ACTIVE. ORDER/CONTRACT DOCUMENT, COMMENCEMENT OF PERFORMANCE, ORDER CEILING: Once CBP identifies a requirement and selects a prospective IC, a CBP officer will contact the applicant and inquire as to availability for an assignment. If the selected applicant is available and all requirements are satisfied, a CBP Contracting Officer will prepare a suitable order/contract document in accordance with the Federal Acquisition Regulation (i.e., FAR, viewable at https://www.acquisition.gov/far/index.html).The order/contract will be in the form of an unpriced purchase order awarded in accordance with FAR 13.302-2. The order document will contain the detailed statement of work for the specific assignment, including services required, estimated time required, country/destination, travel dates, materials and topics to be addressed, other applicable information, fixed hourly rates established in this notice, and a price ceiling. The Contracting Officer will submit the completed order/contract document to the selected IC for review, concurrence, and acceptance. The order will become a legal binding contract once the Contracting Officer receives written acceptance from the IC. The duration of contract performance shown on the contract document and resulting dollar amount constitutes a ceiling, beyond which the IC performs at his/her own risk. If needs arise which call for the IC to provide services for an additional period of time, the Contracting Officer will issue a modification which provides necessary additional funding and authorization for continued performance within specified limits. ORDER/CONTRACT INVOICING AND PAYMENTS: Payments are processed by CBP in arrears, in accordance with the Prompt Payment Act as implemented by payment terms incorporated into FAR clause 52.213-4. ICs shall be paid for services ordered and performed in accordance with the order, not to exceed the order ceiling. ICs are to submit an invoice for services rendered under their contract no more frequently than once per month (in arrears), unless otherwise specifically authorized in the order/contract document. It is suggested that ICs submit their monthly invoice during the first week of each calendar month for services performed during the previous calendar month. IC invoices must comply with the requirements of FAR 32.905. Travel-related reimbursements are handled separately in accordance with applicable travel regulations as indicated in the text above. TAX CONSIDERATIONS: All taxes (federal, state and/or local) and Internal Revenue Service (IRS) income reporting requirements are the responsibility of the IC as a 1099 type vendor. CONTRACTOR - MISSION RELATIONSHIPS, CONDUCT: (a) The Contractor acknowledges that any resulting order/contract is an important part of the U.S. Foreign Assistance Program and agrees that his/her duties will be carried out in such a manner as to be fully commensurate with the responsibilities, which this entails. (b) While in the Cooperating Country, the Contractor is expected to show respect for the conventions, customs, and institutions of the Cooperating Country and not interfere in its political affairs. (c) The Contractor further acknowledges that he/she must perform in a manner that is beyond question as to his/her loyalty to the United States. (d) If the Contractor's conduct and performance is not in accordance with paragraphs (a), (b) and/or (c) above, the order/contract may be terminated under the TERMINATION: MISCONDUCT, UNLAWFUL/INAPPROPRIATE ACTIVITIES clause stated below. The Contractor recognizes the right of the U.S. Ambassador to direct his/her immediate removal from any country when, in the discretion of the Ambassador, the interests of the United States so require. (e) The CBP Office of the Assistant Commissioner, International Affairs is the chief representative of CBP. In this capacity, he/she is responsible for the total CBP Program in the Cooperating Country including certain administrative responsibilities set forth in any resulting order/contract for IC services and for advising CBP regarding the performance of the work under the order/contract and its effect on the U.S. Foreign Assistance Program. The Contractor will be responsible for performing his/her duties in accordance with the performance requirements called for by the order/contract and the terms, conditions, and requirements of this notice. However, he/she shall be under the general policy guidance of the Assistant Commissioner, and shall keep its designated representative informed of the progress of the work under this contract. TERMINATION: MISCONDUCT, UNLAWFUL/INAPPROPRIATE ACTIVITIES: The Government may terminate performance of work under an order/contract in whole or in part, for cause, when (i) a fraud was committed in obtaining this contract, and/or (ii) the Contractor is guilty (as determined by CBP) of misconduct or otherwise inappropriate activities in the Cooperating Country, by providing written notice to the Contractor. Upon such a termination, the Contractor's right to compensation shall cease when the period specified in such notice expires or the last day on which the Contractor performs services hereunder, whichever is earlier. No costs of any kind incurred by the Contractor after the date such notice is delivered shall be reimbursed hereunder except the cost of return transportation and travel allowances in accordance with the travel terms and conditions of this notice and the order/contract. If any costs relating to the period subsequent to such date have been paid by CBP, the Contractor shall promptly refund to CBP any such prepayment as directed by the Contracting Officer. The conditions and terms of this clause are in addition to remedies available to the Government in accordance with the FAR clause for Termination for Cause incorporated in the order/contract. TERMINATION for CONVENIENCE: Any resulting order/contract may be terminated by CBP (1) for the convenience of CBP, by giving not less than 15-calendar days advance written notice to the Contractor. Upon such a termination, Contractor's right to compensation shall cease when the period specified in such notice expires except that the Contractor shall be entitled to return transportation costs and travel allowances in accordance with the travel terms and conditions of this notice and the order/contract. (2) For the convenience of Customs, when the Contractor is unable to complete performance of his/her services under the contract by reason of sickness or physical or emotional incapacity based upon a certification of such circumstances by a duly qualified doctor of medicine approved by CBP. The contract shall be deemed terminated upon delivery to the Contractor of a termination notice. Upon such a termination, the Contractor shall not be entitled to compensation except that the Contractor shall be entitled to return transportation costs and travel allowances in accordance with the travel terms and conditions of this notice and the order/contract. The conditions and terms of this clause are in addition to remedies available to the Government in accordance with the FAR clause for Termination for Convenience incorporated in the order/contract. DOCUMENTS AVAILABLE IN FEDBIZOPPS: One or more documents available at the FedBizOpps website (i.e., www.fbo.gov) may be in a compressed ZIP format. Applicants using MS WINDOWS XP or later versions should be able to unzip/open the files without difficulty. Applicants using previous or other operating systems will need to obtain suitable decompression/unzip software (i.e., WINZIP, PKZIP, etc.) to view the files. This announcement is not an offer of employment and any resulting order/contract issued by CBP is not an employment contract. Orders resulting from this notice are issued for the express purpose of acquiring the services of a qualified and otherwise suitable Contractor. This Notice is being published on an annual basis and supersedes previous notices for intermittent contractors issued by CBP. This Notice remains in affect until canceled or superseded. Applicants must realize that CBP requirements for the services described above occur on a sporadic basis and there is no assurance or guarantee that a respondent to this notice will receive an order/contract for the services described herein. The Contracting Office for this requirement is located at: US Customs & Border Protection 1300 Pennsylvania Ave NW TFMSCD - Suite NP1310 Washington, DC 20229 202-344-3322 (f) USA Point of Contact Ronie Namata, Contracting Officer, Phone 202-344-3631, Email Ronie.Namata@dhs.gov Alternate: John T. Braun, Contracting Officer, Phone 202-344-3512, Email John.Braun@dhs.gov