Traffic Accident Reconstruction 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. This announcement constitutes the only solicitation. Proposals are being requested and a written solicitation will not be issued. The solicitation number is HSBP1009R2113 This solicitation is being issued as a Request for Proposal. This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-32. This requirement is solicited as a Service Disabled Veteran-Owned Small Business. The NAICS code is 611519 with a size standard of $6.5 Million. The following Services are in accordance with the Statement of Work attached to this notice Definitions: Contractor is one that agrees to furnish materials or perform services at a specified price. One that contracts to perform work or provide supplies. Offeror is one that submits a proposal that if accepted constitutes a legally binding contract. General Description of Requirements: CLIN 0001- Traffic Accident Reconstruction Training. The Contractor shall provide a customized training program at the government's site that shall enable trainees to become knowledgeable in the area of Traffic Accident Reconstruction. Objective: The training will result in Customs and Border Protection having employees proficient in Traffic Accident Reconstruction to become Expert Witnesses in civil lawsuits affecting the Agency. The training shall be comprehensive in providing expertise in all areas of Traffic Accident Reconstruction that will meet the objective. CLIN 0002- Consulting Services at the direction of the Contracting Officer's Technical Representative (COTR). The Contractor shall assist LSS with accident collision investigations as required. This includes but may not be limited to assistance to former trainees conducting actual case investigations and/or by reviewing agent's documentation to ensure accuracy. Services may include preparation and participation in subsequent legal proceedings. The Contractor shall provide mentoring and training as necessary to prepare CBP personnel in becoming sufficiently proficient in providing Expert Witness Testimony. It may also require the contractor to work with a government legal team in support of any court proceeding. Consulting includes providing technical assistance with development or update of standard operating procedures. The contractor must be available 24/7 to respond to any call within 24 hours of being contacted. The contractor shall assist until all open investigations are complete. CLIN 0003- Expert Testimony The Contractor shall provide Expert Testimony, as it relates to traffic accident reconstruction, during court proceedings on behalf of CBP. CLIN 0004- Travel in Conjunction with Services. The Contractor will be required to travel in order to assist with actual cases and to provide Expert Witness Testimony. All Travel shall be in accordance with standard accounting procedures, Federal Travel Regulation and Federal Acquisition Regulation (FAR) Part 31. Travel shall only be done at the direction of the Government Contracting Officer's Technical Representative (COTR) Invoices for this requirement have special instructions that are identified in section A16 of the attachment to this solicitation entitled Terms and Conditions-Reconstruction. Deliver To: Customs and Border Protection Various sites Period of Performance: Contract period of performance is anticipated to be for a base period from date of award for one year with four one year options. Provisions and clauses applicable to this requirement are found attached to this solicitation entitled- Traffic Accident Reconstruction T&C' R3. The Schedule is incorporated via attachment entitled Schedule. Award will be made to the responsible offeror whose technical and cost proposal represents best overall value to the Government. The Government is more concerned with obtaining superior technical and performance capability than with making an award at the lowest cost or price. However, if the technical aspects of competing proposals are determined to be essentially equivalent, the evaluated cost/price may become the determining factor for award. The determination that technical solutions are essentially equal is within the discretion of the source selection official. All technical evaluation factors, when combined, are significantly more important than cost/price. Offerors shall tailor their responses to the Statement of Work to incorporate the following information for evaluation purposes. Evaluation Factors: Technical which includes past performance and Cost/Price are the evaluation factors for this requirement. Technical Evaluation Factors: The four evaluation factors below are of equal importance. Sub-factors importance varies by factor. In order to be considered for award of the contract, Offerors shall submit information in the detail necessary to respond to each technical factor and sub-factors. I. Demonstrate Understanding of the CBP/BP mission and operational environment as it relates to the occurrence of traffic accidents by CBP personnel. The CBP/BP mission and operational environment consists of: The Border Patrol Critical Incident Investigation Teams (CIIT0 are tasked with completing a comprehensive investigation of critical incidents involving vehicular accidents. Border Patrol operates in various types of terrain and cases may include accidents that occur in mountains, hills, steep embankments, sand, and mud. The accidents involve multiple types of vehicles including, but not limited to cars, trucks, motorcycles and ATV's. Accidents occur during a vehicle stop, an attempted vehicle stop, or vehicle pursuits that result in death, serious bodily injury, or significant property damage. The sub-factors are: a. Demonstrate knowledge and experience of personal vehicle traffic accident reconstruction cases and the differences between them and CBP/BP cases. At a minimum, the offeror will provide a written explanation of their knowledge and experience of the differences between personal vehicle traffic accident reconstruction cases and CBP/BP cases b. Demonstrate an understanding of the types of missions that CBP/BP deals with daily. At a minimum, the offeror will provide a written explanation of their understanding of the types of missions that CBP/BP deals with daily. c. Demonstrate knowledge and experience in the conditions that effect/result in vehicle accidents. At a minimum, the offer will provide a written explanation of their knowledge and experience in the conditions that effect/result in vehicle accidents. NOTE: Sub-factors for Factor 1- Demonstration of Understanding of the CBP/BP mission and operational environment are of equal importance. II. Capability of Designing a Successful Training Program. a. The Offeror shall provide documentation that supports that the training program that they are proposing to modify for this requirement has been successful. The offeror, at a minimum, must provide documentation that identifies the training program proposed for modification for this requirement is available for use by commercial clients and provides supporting documentation that it is successful. b. The Offeror shall furnish the off-the-shelf training program with modifications, as necessary, that they are proposing to use to meet our objectives. This at a minimum includes a sample manual and course outline, which indicates each training topic per specific training session, objectives of each unit and a list of contractor furnished material, if any, anticipated for use during training. c. The Offeror shall list programs that they have designed that are currently offered that are for traffic accident reconstruction. At a minimum, the Offeror shall list one program for which they have designed a training program or a seminar that they offer on traffic accident reconstruction. d. The Offeror shall provide samples of training material that demonstrates the Offeror's ability to design training programs for traffic accident reconstruction different from that proposed specifically for this requirement. . At a minimum, the offeror must provide a sample or portion of training materials that they have designed for traffic accident reconstruction. Note: Sub-factors for Factor 2- Capability of Designing a Successful Training Program a and b are of significantly more importance than Sub-factors c and d of this same part which are of equal importance. I. Experience in Collision investigations and reconstruction. a. Indicate years of corporate experience in collision investigation and traffic accident reconstruction cases. There is a minimum requirement for experience and/or education in accordance with the statement of work and as follows: Corporation: i. One (1) year of providing training in traffic accident reconstruction. ii. One (1) year of corporate experience for consulting which consists of expert witness, traffic accident reconstruction and standard operating system review. In response to this sub-factor, Offerors should list any professional licenses, certifications, accreditations, works published in professional magazines, awards, etc that the company has achieved. b. Indicate how many Federal Court Accident Reconstruction Cases for which the offeror has been an expert witness or intends to provide someone who has been an expert witness. This should include at least three examples. At a minimum the Offeror must have been accepted by a judge as an expert witness in at least one (1) Federal Court Case and an expert witness in at least three (3) Court Cases in total and shall provide a minimum of three (3) examples. The examples shall include the following minimum information: Name of court, short narrative of the facts about the case sufficient to judge complexity and were they a witness for the defense or the plaintiff. c. Submission of Resumes-, at a minimum the Offeror shall provide resumes of individuals who will perform training, consultation and expert witness testimony. These individuals must, at a minimum, meet the following education and experience requirements. I Staff: Trainer- Fifteen (15) years in collision investigations and reconstruction field work. Consulting Services which consist of expert witness, traffic accident reconstruction and standard operating procedure review- Three (3) years of reconstruction field work with a minimum education of high school diploma and completion of basic, advanced and reconstruction level course work. Note: Sub-factors for Factor 3-Qualified Expert Witness, are, of equal importance. IV. Past Performance: Past Performance Evaluation Criteria. Each Offeror shall provide, with their proposal, a listing of references for ongoing contracts or contracts completed not more than 3 years ago that demonstrates performance relevant to the solicitation performance requirements. To be relevant the contract must have a demonstrable bearing on or connection with the matter at hand- Traffic Accident Reconstruction, Consulting and Expert Witness Testimony. The offeror shall provide a minimum of 5 references and shall include in the information the contract number, contract subject, Entity for whom the work was performed or for whom the work is being performed, name and phone number of technical and contracting points of contact. Past performance information on work for State and local governments, private sector clients, and subcontracts that are similar to the Government requirement will be evaluated equally with other similar Federal contracts. Offerors may submit information on key personnel, major sub-contractors work performed as part of a team or joint venture, and other previous reincarnation of its current organization. The Government will only discuss past performance information directly with the prospective prime or subcontractor that is being reviewed. The Government may use past performance information obtained from other than the sources identified by the offeror and that the information obtained will be used for both the responsibility determination and best value decision. In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available, the offer may not be evaluated favorably or unfavorably on past performance. Offerors are encouraged to discuss any negative performance issues and corrective actions taken. Evaluation Criteria for Past Performance are as follows: Past Performance Evaluation Significant Sub-factors are listed below. All three (3) Sub-factors below are of equal importance. All items within the three (3) Sub-factors are of equal importance. 1. Quality of Service- The offeror will be evaluated on compliance with previous contract requirements, accuracy of reports, and technical excellence. a. Compliance with contract requirements b. Accuracy of reports c. Effectiveness of personnel d. Technical Excellence 2. Timeliness of Performance- The offeror will be evaluated on meeting milestones, reliability, responsiveness to technical direction, deliverables completed on-time, adherence to contract schedules including contract administration. a. Reliability b. Responsiveness to Technical Direction (Contractor technical/contracts team and how they respond to technical and contract issues) c. Met delivery schedules d. Liquidated damages assessed: yes or no (circle one), if yes, provide details. 3. Business Relations-The offer will be evaluated on the ability to provide effective management, flexibility, reasonableness (cooperative behavior), responsiveness to inquiries, problem resolution and customer satisfaction. The offer will be evaluated on satisfaction of the technical monitors with the overall performance, and final product and services. Evaluation of past performance will be based on consideration of all relevant facts and circumstances. It will include a determination of the offeror's commitment to customer satisfaction and will include conclusions of informed judgment. a. Effective management, including management of subcontracts. b. Flexibility, reasonableness and responsiveness ( This element establishes how the company values all aspects of customer service) c. Pro-active (contractor performance that helps identify and remediates issues) vs. reactive (contractor waits for government to identify the issue) d. Is the contractor committed to customer satisfaction? (provide details). To be technically acceptable, the offeror must provide the 5 responses that show that past performance has a bearing on or connection with the matter at hand which consists of all of the three elements of the SOW-Traffic Accident Reconstruction Training, Traffic Accident Reconstruction and Expert Witness Testimony. The scores when averaged should be higher than 2. V. Cost/Price: Additional information regarding price/cost can be found on page 6 of File: Terms and Conditions.Reconstruction.doc. Special Pricing/Delivery procedures will be in effect for CLINS 0002- Consulting Services, 0003- Expert Witness Testimony Traffic Reconstruction and 0004- Travel. Special Pricing/Delivery Procedures: 1. Contract CLIN 0001 for Training should be proposed as firm fixed price. 2. Contract CLINS 0002- Consulting Services, 0003- Expert Witness for Traffic Accident Reconstruction and 0004 Other Direct Costs for Travel require special pricing delivery procedures. These procedures are in place due to the inability to create firm-fixed price totals for these line items at time of award. It is anticipated that not to exceed fund amounts will be awarded in lieu of firm fixed price totals. For Example, CLIN 0002 may read not to exceed $10,000.00. Due to the unknowns of these CLIN(s) upfront, individual tasks or projects required to be performed within these CLINS will require additional approval of the Contracting Officer, Contract Administrator or their designee. DRAW DOWN ORDER PROCEDURES Contract CLINS 0002- Consulting Services, 0003- Expert Witness for Traffic Accident Reconstruction and 0004 Other Direct Costs for Travel are issued under Drawdown procedures. The individual tasks or projects required to be performed within these CLINS may require additional approval of the Contracting Officer or Contract Administrator prior to work being performed. The Contracting Officer's available for approval for this Draw Down are Sharon Meltzer or her designee. These procedures are in effect for this Draw Down. Based upon the need for review and approval, the following procedures are required before work can be performed under this Draw Down. Customs and Border Protection Laboratories and Scientific Services (LSS) will inform the Contracting Officer/Contract Administrator, Sharon Meltzer, in writing of the need to have a task performed that includes proposed Consulting Services, Expert Witness services and Other Direct Costs for Travel whose cumulative total exceeds $3000.00. LSS will provide Sharon Meltzer with their estimated cost for the services required. This cost estimate may be provided to LSS by the contractor. The estimates shall identify detailed information in regards to anticipated performance period-begin and end, Site information and travel information. Travel shall include: travel from and to when known. The proposal should identify the location, labor rate, materials required and travel. All proposals shall include all anticipated or known costs, such as number of days, number of people, number of cars to rent etc. Only proposals for requirements identified in the original award will be considered for acceptance against the draw down CLINS. The Contracting Office via the Contract Administration Team will review the proposal and obtain information as required regarding pricing Sharon Meltzer will approve or disapprove requests for use of the above services for the estimated total not to exceed price provided or will make a decision to lower the pricing as appropriate. LSS will forward to the contractor an approval to go ahead and provide the services, not to exceed the funding that was approved. LSS will be notified of acceptance via e-mail by the Contracting Officer or Contract Administrator, as appropriate. The acceptance information will identify the proposal received, the dollar amount, the location and the Draw Down number. Proposals are due by 4:00pm local time on June 26, 2009. Facsimile and Email Proposals are not acceptable. Mail all proposals with supporting data to: Attn: Sharon Meltzer Customs and Border Protection 6650 N. Telecom Drive, Ste 100 Indianapolis, IN 46278 All proposals are due by the date and time indicated in this announcement. Contact Sharon Meltzer via email at Sharon.meltzer@dhs.gov with questions regarding this solicitation.