R- Professional, Administrative and Management Support Services- Systems Engineering Training- Silver Spring, MD

This is a combined synopsis/solicitation for training services prepared in accordance with the format at FAR Subpart 12.6, as supplemented with additional information included in this notice, and is being conducted pursuant to FAR Part 12 and 13. The synopsis/solicitation constitutes a RFQ and incorporates provisions and clauses in effect through Federal Acquisition Circular No. 2005-81 dated 04/10/2015. Should the Government issue an order resulting from this RFQ, it will be in the form of a written offer to the supplier and shall require the supplier's acceptance by notification to the Government, in writing, as defined at FAR 2.101. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTES ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED. The associated North American Industry Classification System (NAICS) code for this requirement is 611310, which has a corresponding size standard of $27.5 Million. The Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), Eastern Region Acquisition Division, Norfolk, VA, is soliciting a requirement on behalf of National Weather Service, Systems Engineering Center, Silver Spring, MD for Systems Engineering Training for the new Office of Planning and Programming for Service Delivery (OPPSD). Award of a firm fixed price purchase order is anticipated utilizing Simplified Acquisition Procedures. The contractor is responsible for providing all labor, services, and materials in accordance with the characteristics attached to this RFQ. Services proposed must meet all characteristics of the systems engineering training requirements listed in attachment(s). The total period of performance for all work is as follows: The base year is from June 01, 2015 through May 31, 2016. There are two additional one-year option periods. Provide the following contract line item numbers (CLINs): CLIN 0001: Base Year (06/01/2015-05/31/2016) to provide systems engineering training in accordance with the attached Statement of Need (Price includes shipping costs - F.O.B. Destination) 1 EA tiny_mce_marker________________________ CLIN 0002: Option Year One (06/01/2016-05/31/2017) to provide systems engineering training in accordance with the attached Statement of Need (Price includes shipping costs - F.O.B. Destination) 1 EA tiny_mce_marker________________________ CLIN 0003: Option Year Two (06/01/2017-05/31/2018) to provide systems engineering training in accordance with the attached Statement of Need (Price includes shipping costs - F.O.B. Destination) 1 EA tiny_mce_marker________________________ TOTAL CLINS 0001, 0002 AND 0003: tiny_mce_marker____________________ Federal Acquisition Regulation (FAR) and Commerce Acquisition Regulation (CAR) provisions and clauses that are included in this solicitation are denoted by the applicable acronyms. FAR CLAUSE 52.212-4, CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (FEB 2012) applies to this acquisition with the following addenda: (a) CAR 1352.246-70 PLACE OF ACCEPTANCE (DEC 2014) Systems Engineering Center 1325 East-West Hwy, SSMC-2 Silver Spring, MD 20910 (g) NOAA/ERAD INVOICES (APR 2011) Invoices may be submitted electronically to the POC; original invoices shall be submitted to the designated billing office as follows: NWS/Systems Engineering Center Attn: Thomas Day 1325 East-West Hwy, SSMC-2 Silver Spring, MD 20910 An electronic copy of invoices shall be submitted to the Contracting Office identified in this RFQ. Payment will be made by the Department of Commerce/NOAA Finance Systems Admin Branch/OFA112, 20020 Century Blvd., CXXI I-B&D, Germantown, MD 20874. (End of clause) (j) FAR 52.247-34 F.O.B. DESTINATION (NOV 1991) (q) CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010) (r) CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010) (u) CAR 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010) ***End addendum to FAR CLAUSE, 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (DEC 2014)*** FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013) (Reference 52.232-39) FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) (Reference 52.232-40) FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JULY 2013) (Reference 52.204-13) FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (Apr 2015) XX (4) 52.204-10, Reporting Executive Compensation and First- Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). XX (8) 52.209-6, Protecting the Government`s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug, 2013) (31 U.S.C. 6101 note). XX (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). XX (26) 52.222-19, Child Labor - Cooperation with Authorities and Remedies(Jan 2014) (E.O. 13126). XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). XX (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). XX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). XX (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). XX(41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). XX (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008)(E.O.`s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). XX (50) 52.232-33, Payment by Electronic Funds Transfer - System for Award Management (Jul 2013) (31 U.S.C. 3332). (End of Clause) ***End of FAR CLAUSE 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (APR 2015) *** FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates 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 clause may be accessed electronically at this/these address(es): www.acquisition.gov (End of Clause) CAR 1352.201-70 CONTRACTING OFFICER's AUTHORITY (APR 2010) The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price. (End of clause) CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010) The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract. (End of clause) CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010) (a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors: (1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and (2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract. (b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both. (c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest. (d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract. (e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms "contract," "contractor," and "Contracting Officer" shall be appropriately modified to preserve the Government's rights. (f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk. (g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof. (End of clause) FAR 52.203-98 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (DEVIATION 2015-02) PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (FEB 2015) (a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of provision) 52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02) PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (FEB 2015) (a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause. (End of clause) ATTACHMENT B Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015) (1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113- 235), none of the funds made available by the Consolidated and Further Continuing Appropriations Act, 2015 funding may be used to enter into a contract with any corporation that- (a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where an awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government, or (b) 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) The Offerer represents that, as of the date of this offer - (a) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (b) 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. (End of provision)