Multi-Purpose Canine Improvised Explosives Formulation and Mitigation Course

This is a COMBINED SYNOPSIS/SOLICITATION for the procurement of commercial services for U.S. Marine Corps Forces, Special Operations Command (MARSOC). This announcement is prepared in accordance with the format in FAR Subparts 12.6 and 13.5 as supplemented with additional information in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued. The solicitation is being issued as a Request for Proposal (RFP); solicitation number is H92257-16-R-0002. All responsible sources may submit an offer which shall be considered by the agency. The Government intends to award one (1) contract as a result of this solicitation. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-88 (effective 16 May 2016) and the DFARS Publication Notice (DPN) 20160607 edition (effective 07 Jun 2016). The Product Service Code (PSC) for this requirement is U014. The associated North American Industrial Classification System (NAICS) code for this requirement is 812910 with a size standard of $7.5 million. The proposed acquisition is Unrestricted. TYPE OF CONTRACT. The Government intends to award a Firm Fixed Price (FFP) single award Indefinite Delivery, Indefinite Quantity (IDIQ) type contract as a result of this solicitation. Section B - Supplies or Services The Government sets the below as the minimum guaranteed quantity under the resultant contract to be satisfied immediately following contract award via task order. Intermediate Improvised Explosives Formulation and Bulk Explosive Detection Course: 6 Students The Government sets as the maximum potential quantity under the resultant contract's periods of performance: 160 Students See attachment #1 entitled, Tiered Student Pricing Worksheet Section C - Descriptions and Specifications See attachment #2 Performance Work Statement (PWS) entitled, MARSOC MPC Improvised Explosives Formulation and Detection Course PWS Period of Performance: Base Year: 1 August 2016 - 31 July 2017 Option Year One: 1 August 2017 - 31 July 2018 Option Year Two: 1 August 2018 - 31 July 2019 Option Year Three: 1 August 2019 - 31 July 2020 Option Year Four: 1 August 2020 - 31 July 2021 Offer submission shall be in accordance with Attachment's #1, #2, #3, #4 and this document. CLAUSES INCORPORATED BY REFERENCE FAR 52.202-1 Definitions Nov 2013 FAR 52.203-3 Gratuities Apr 1984 FAR 52.203-5 Covenant Against Contingent Fees May 2014 FAR 52.203-7 Anti-Kickback Procedures May 2014 FAR 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity May 2014 FAR 52.203-10 Price or Fee Adjustment For Illegal Or Improper Activity May 2014 FAR 52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions Sep 2007 FAR 52.203-12 Limitation On Payments To Influence Certain Federal Transactions Oct 2010 FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights Apr 2014 FAR 52.204-7 System for Award Management Jul 2013 FAR 52.204-13 System for Award Management Maintenance Jul 2013 FAR 52.204-16 Commercial and Government Entity Code Reporting Nov 2014 FAR 52.204-18 Commercial and Government Entity Code Maintenance Nov 2014 FAR 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014 FAR 52.211-14 Notice of Priority Rating for National Defense Use Apr 2008 FAR 52.211-15 Defense Priority and Allocation Requirements Apr 2008 FAR 52.212-4 Contract Terms and Conditions Commercial Items May 2015 FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items May 2015 FAR 52.216-27 Single or Multiple Awards Oct 1995 FAR 52.217-5 Evaluation Of Options Jul 1990 FAR 52.222-19 Child Labor-Cooperation with Authorities and Remedies Jan 2014 FAR 52.222-3 Convict Labor Jun 2003 FAR 52.222-21 Prohibition of Segregated Facilities Apr 2015 FAR 52.222-26 Equal Opportunity Apr 2015 FAR 52.222-36 Affirmative Action for Workers with Disabilities Jun 2014 FAR 52.222-41 Service Contract Labor Standards May 2014 FAR 52.222-42 Statement of Equivalent Rates for Federal Hires May 2014 FAR 52.222-50 Combating Trafficking in Persons Jul 2014 FAR 52.222-55 Minimum Wages Under Executive Order 13658 Dec 2014 FAR 52.223-6 Drug-Free Workplace May 2001 FAR 52.225-13 Restrictions on Certain Foreign Purchases Mar 2015 FAR 52.229-3 Federal, State And Local Taxes Feb 2013 FAR 52.232-17 Interest May 2014 FAR 52.232-23 Assignment Of Claims May 2014 FAR 52.232-33 Payment by Electronic Funds Transfer System for Award Management Jul 2013 Jul 2013 FAR 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec 2013 FAR 52.233-1 Disputes May 2014 FAR 52.233-1 Disputes May 2014 FAR 52.242-13 Bankruptcy Jul 1995 FAR 52.243-1 Alt 1 Changes - Fixed Price Alt 1 (APR 1984) Aug 1987 FAR 52.244-6 Subcontracts for Commercial Items Dec 2015 FAR 52.246-4 Inspection Of Services--Fixed Price Aug 1996 FAR 52.246-25 Limitation of Liability - Services Feb 1997 FAR 52.247-34 F.o.b. Destination Nov 1991 FAR 52.249-8 Default (Fixed-Price Supply & Services) Apr 1984 FAR 52.252-5 Authorized Deviations in Provisions Apr 1984 FAR 52.252-6 Authorized Deviations in Clauses Apr 1984 FAR 52.253-1 Computer Generated Forms Jan 1991 DFARS 252.201-7000 Contracting Officers Representative Dec 1991 DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials Nov 2013 DFARS 252.203-7002 Requirements to Inform Employees of Whistleblower Rights Sep 2013 DFARS 252.203-7005 DFARS 252.204-7000 DFARS 252.204-7003 DFARS 252.204-7004 DFARS 252.204-7012 Representation Relating to Compensation of Former DoD Officials Disclosure of Information Control of Government Personnel Work Product Alternate A, System for Award Management Safeguarding of Unclassified Controlled Tech Information Nov 2011 Aug 2013 Apr 1992 Feb 2014 Nov 2013 DFARS 252.209-7002 Disclosure of Ownership or Control by a foreign Government Jun 2010 DFARS 252.209-7998 DFARS 252.211-7003 Representation Regarding Conviction of a Felony Criminal Item Unique Identification and Valuation Mar 2012 Dec 2013 DFARS 252.225-7001 Buy American and Balance of Payments Program Nov 2014 DFARS 252.225-7002 Qualifying Country Sources as Subcontractors Dec 2012 DFARS 252.225-7012 Preference For Certain Domestic Commodities Feb 2013 DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports Jun 2012 DFARS 252.232-7006 Wide Area Workflow Payment Instructions May 2013 DFARS 252.232-7010 Levies on Contract Payments Dec 2006 DFARS 252.243-7001 Pricing of Contract Modifications Dec 1991 DFARS 252.243-7002 Requests for Equitable Adjustments Dec 2012 DFARS 252.245-7001 DFARS 252.247-7023 Tagging, Labeling, and Marking of Government-Furnished Property Transportation of Supplies by Sea Apr 2012 Apr 2014 SOFARS 5652.204-9002 Instructions for the use of Electronic Contracts Nov 2007 SOFARS 5652.204-9004 Foreign Persons Jan 2006 SOFARS 5652.233-9000 Independent Review of Agency Protests Sep 2013 SOFARS 5652.237-9000 Contractor Personnel Changes Jan 1998 SOFARS 5652.252-9000 Notice of Incorporation of Section K Jun 2009 CLAUSES INCORPORATED BY FULL TEXT Please note full text of the Federal Acquisition Regulation (FAR) can be accessed on the internet at http://www.farsite.hill.af.mil, http://farsite.hill.af.mil/vfdfara.htm, http://farsite.hill.af.mil/vfussocoma.htm PROVISIONS INCORPORATED BY FULL TEXT 52.216-19 ORDER LIMITATIONS. (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than three (3) students, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor: (1) Any order for a single item in excess of 18 students; (2) Any order for a combination of items in excess of 32 students; or (3) A series of orders from the same ordering office within 30 calendar days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above. (d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause) 52.216-22 -- Indefinite Quantity (Oct 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 60 days after the expiration date. (End Clause) 252.216-7006 ORDERING (MAY 2011) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from MARSOC Contracting (H92257) through 31 July 2021. United States Marine Corps Forces Special Operation Command MARSOC Contracting (H92257) BLDG RR400, Rifle Range Road Sneads Ferry, NC 28460 (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c)(1) If issued electronically, the order is considered "issued" when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor. (2) If mailed or transmitted by facsimile, a delivery order or task order is considered "issued" when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services. (3) Orders may be issued orally only if authorized in the schedule. (End of clause) SOFARS 5652.201-9002 Authorized Changes Only By Contracting Officer (Jan 2005) The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as part of this contract. Except as specified herein, no order, statement, or conduct of Government personnel who visit the contractor's facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the Changes clause in Section I. In the event the Contractor effects any change at the direction of any person other the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof. The name and telephone number of the Contracting Officer is SSgt Porfirio Aragon, (910) 440-0775. 5652.204-9000 INDIVIDUAL AUTHORIZED TO SIGN (JAN 2003) (a)(1) CORPORATIONS: I, _____________________________, represent that I am the ________________________ of the firm named as the offeror herein; that ________________________ signed this contractual instrument on behalf of the corporation and is __________________________ of said corporation; that said contractual instrument was duly signed for and in behalf of said corporation by authority of its governing body; and is within the scope of its corporate powers. AFFIX CORPORATE SEAL (Note: If a corporation does not have a seal or the offer is being submitted electronically, the offeror may print the word "SEAL".) ___________________________ (Signature) (2) PARTNERSHIPS: Partnerships shall establish their authority and the authority of their agents by completing the following representation, provided that it is executed by a partner other than the person signing the contractual instrument. I, _____________________________, represent that I am a partner of the firm of ___________________ consisting of the following partners _____________________________________________________; that ______________ signed this contractual instrument on behalf of said firm and is __________________________ of said firm; that said contractual instrument was duly signed for and in behalf of said firm by authority of partnership; and is within the scope of its corporate powers. __________________________ (Signature) (3) INDIVIDUALS: The signatory must be the owner and the contractual instrument shall be signed as such unless an agent's authority has been established through a power of attorney. Individuals submitting contractual instruments under an agent's signature must furnish a power of attorney to establish the agent's authority. (4) EDUCATIONAL INSTITUTIONS: The signatory must be an official or person otherwise authorized to bind the educational institution. A representation as shown below, shall be executed in accordance with the instructions, or other evidence must be furnished which satisfactorily shows that the person signing the proposal is empowered to bind the educational institution. Educational institutions may establish authority of their agents by furnishing with their offeror a power of attorney, a corporate resolution or by causing the following representation to be executed, provided that the same individual shall not execute both the contract and the representation. I, _____________________________, represent that I am the ________________________ of the educational institution named as the offeror herein; that ________________________ signed this contractual instrument on behalf of the educational institution and is __________________________ of said educational institution; that said contractual instrument was duly signed for and in behalf of said educational institution by authority of its governing body; and is within the scope of its corporate powers. ___________________________ (Signature) (b) Once a power of attorney or corporate resolution has been submitted to establish the authority of its agents, provide reference to the Procurement Instrument Identification Number with which it was submitted by including the following statement in lieu of furnishing an additional copy: "Evidence to establish the authority of the agent signing this document was submitted with Document Number _________________." (End of clause) SOFARS 5652.204-9003 Disclosure of Unclassified Information and Notification Requirements for Cyber Security Breaches (2013) Section H (Jun 2013) (a) On September 21, 2001, the Department of Defense designated Headquarters US Special Operations Command (USSOCOM) a sensitive unit, as defined by Title 10 United States Code (USC) Section 130b (10 USC 130b). In keeping with this designation, unclassified information related to USSOCOM military technology acquisitions managed by USSOCOM or any of its component commands, will be designated Controlled Unclassified Information (CUI). As such, the contractor hereby unequivocally agrees that it shall not release to anyone outside the Contractor's organization any unclassified information, regardless of medium (e.g., film, tape, document, contractor's external website, newspaper, magazine, journal, corporate annual report, etc.), pertaining to any part of this contract or any program related to this contract, unless the Contracting Officer has given prior written approval. Furthermore, any release of information which associates USSOCOM, Special Operation Forces (SOF), or any component command with an acquisition program, contractor, or this contract is prohibited unless specifically authorized by USSOCOM. (b) Request for approval shall identify the specific information to be released, the medium to be used, and the purpose for the release. The contractor shall submit the request to the Contracting Officer at least 45 days before the propose date for release for approval. No release of any restricted information shall be made without specific written authorization by the Contracting Office. (c) The protection of sensitive but unclassified data reflecting Special Operations technologies, personnel, plans, and business associations requires due diligence on the part of those in possession of such information. The application of appropriate security measures to ensure the safekeeping of USSOCOM and company proprietary data, intellectual property, and personnel data is the responsibility of all parties who have access to such information. All contractors supporting USSOCOM are required to inform the Contracting Officer within three business days of when there has been a breach or successful penetration of the contractor's network(s) or information system(s). Breaches include unauthorized intrusions of the contractor's server(s) from external parties whether through introduction of malware, hacking, the compromise of access passwords, or any other unauthorized access or compromise. Breaches also include the physical loss of storage media such and disks, hard drives, thumb drives, laptops or other devices which contain duplicates of information contained on the contractor's data systems, or the willful or accidental transmission, copying or posting of contract information which has not been specifically authorized by the Contracting Officer. Estimates of damage and mitigation strategies will be submitted to the Contracting Officer within a period following the breach specified and agreed upon by the Contractor and the Contracting Officer. (d) The Contractor shall include a similar requirement to this clause in each subcontract under this contract. Subcontractors shall submit request for authorization to release and notifications related to cyber security breaches through the prime contractor to the Contracting Officer. (e) The Contractor further understands that Title 18 USC Section 701 specifically prohibits the use of the USSOCOM emblem or logo in any medium (e.g., corporate website, marketing brochure, newspaper, magazine, etc.) unless authorized in writing by USSOCOM. Forward any request to use the USSOCOM emblem or logo through the Contracting Officer. ANY FEDERAL OR STATE LAW (DEVIATION 2012-O0007) (MAR 2012) (a) In accordance with section 514 of Division H of the Consolidated Appropriations Act, 2012, none of the funds made available by that Act may be used to enter into a contract with any corporation that was convicted of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (b) The Offeror represents that it is [ ___ ] is not [ ___ ] a corporation that was convicted of a felony criminal violation under a Federal or State law within the preceding 24 months. (End of provision) 252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-O0004) (JAN 2012) (a) In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012,(Pub. L. 112-74) none of the funds made available by that Act may be used to enter into a contract with any corporation that- (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that- (1) It is [ ___ ] is not [ ___ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, (2) It is [ ___ ] is not [ ___ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) SOFARS 5652.204-9000 Individual Authorized to Sign (Revised September 2014) (a) Offers shall be signed by an authorized individual. The Offeror hereby represents that the individual designated below is authorized to bind the corporation, partnership, individual or educational institution. Evidence of authorization shall be provided by the Offeror in accordance with the applicable instructions below. If the Offeror is a joint venture, each participant in the joint venture shall submit a separate representation. (1) CORPORATIONS: The signatory must be an official or person otherwise authorized to bind the corporation. A Corporate representation as shown below, shall be executed in accordance with the instructions, or other evidence must be furnished which satisfactorily shows that the person signing the offer is empowered to bind the corporation. Corporations may establish the authority of its agents by furnishing a power of attorney with the offer, a corporate resolution, or by causing the following representation to be executed under its corporate seal, provided that the same officer shall not execute both the contract and the representation. I, _____________________________, represent that I am the ________________________ of the firm named as the Offeror herein; that ________________________ signed this contractual instrument on behalf of the corporation and is __________________________ of said corporation; that said contractual instrument was duly signed for and in behalf of said corporation by authority of its governing body; and is within the scope of its corporate powers. AFFIX CORPORATE SEAL (Note: If a corporation does not have a seal or the offer is being submitted electronically, the Offeror may print the word "SEAL".) ___________________________ (Signature) (2) PARTNERSHIPS: Partnerships shall establish their authority and the authority of their agents by completing the following representation, provided that it is executed by a partner other than the person signing the contractual instrument. I, _____________________________, represent that I am a partner of the firm of ___________________ consisting of the following partners _____________________________________________________; that ______________ signed this contractual instrument on behalf of said firm and is __________________________ of said firm; that said contractual instrument was duly signed for and in behalf of said firm by authority of partnership; and is within the scope of its corporate powers. __________________________ (Signature) (3) INDIVIDUALS: The signatory must be the owner and the contractual instrument shall be signed as such unless an agent's authority has been established through a power of attorney. Individuals submitting contractual instruments under an agent's signature must furnish a power of attorney to establish the agent's authority. (4) EDUCATIONAL INSTITUTIONS: The signatory must be an official or person otherwise authorized to bind the educational institution. A representation as shown below, shall be executed in accordance with the instructions, or other evidence must be furnished which satisfactorily shows that the person signing the offer is empowered to bind the educational institution. Educational institutions may establish authority of their agents by furnishing with their Offeror a power of attorney, a corporate resolution or by causing the following representation to be executed, provided that the same individual shall not execute both the contract and the representation. I, _____________________________, represent that I am the ________________________ of the educational institution named as the Offeror herein; that ________________________ signed this contractual instrument on behalf of the educational institution and is __________________________ of said educational institution; that said contractual instrument was duly signed for and in behalf of said educational institution by authority of its governing body; and is within the scope of its corporate powers. ___________________________ (Signature) (a) Once a power of attorney or corporate resolution has been submitted to establish the authority of its agents, provide reference to the Procurement Instrument Identification Number with which it was submitted by including the following statement in lieu of furnishing an additional copy: "Evidence to establish the authority of the agent signing this document was submitted with Document Number _________________." (End of clause) 5652.237-9001 Key Personnel Requirements (2003) Section I As prescribed in 5637.110(b), insert the following clause, Fill-ins (a) Certain experienced professional and/or technical personnel are essential for successful accomplishment of the work to be performed under this contract. Such personnel are defined as "Key Personnel" and are those persons whose resumes were submitted for evaluation of the proposal. The contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with the following: (1) If one or more of the key personnel, for any reason, becomes or is expected to become unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the contractor shall, subject to the concurrence of the Contracting Officer or an authorized representative, promptly replace personnel with personnel of equal ability and qualifications. (2) All requests for approval of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. The request must contain a resume for the proposed substitute, and any other information requested by the Contracting Officer. The Contracting Officer shall promptly notify the contractor of approval or disapproval in writing. (a) If the Contracting Officer determines that suitable and timely replacement of Key Personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming or that the resultant reduction of productive effort would be so substantial as to impair successful completion of the contract, the Contracting Officer may terminate the contract for default or for the convenience of the Government, as appropriate, or make an equitable adjustment to the contract to compensate the Government for any resultant delay, loss or damage. (b) The follow positions are identified as Key Personnel: Lead Master Trainer (End of clause)