|
ALL QUESTIONS REGARDING THIS SOLICITAITON SHALL BE SUBMITTED VIA EMAIL TO Margie.Robinson@bia.gov No phones Please. This procurement is being set aside for 100% Native American Owned Small Businesses: NOTICE OF INDIAN SMALL BUSINESS ECONOMIC ENTERPRISE SET-ASIDE - Under the Buy Indian Act, 25 U.S.C. 47, offers are solicited only from Indian economic enterprises (Subpart 1480.8) that are also small business concerns.
Offers received from enterprises that are not both Indian economic enterprises and small business concerns will not be considered and will be rejected. As part of your , you must complete and return Offers received from enterprises that are not both Indian economic enterprises and small business concerns will not be considered and will be rejected. As part of your, you must complete and return DIAR Clause 1452.280-4 (see attached).
The associated North American Industry Classification System code (NAICS) is 541110 and the size standard is $11
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; s is being requested and a written solicitation will not be issued.
The Bureau of Indian Affairs (BIA) Southern Plain Regional Office intends to award a firm-fixed price contract in response to this Request for (RFQ)
Bureau of Indian Affairs, Tribal Government is requesting for Prosecutor Defender for the Bureau of Indian Affairs/Southern Regional Office, Anadarko, Ok. Contractor (hereinafter referred to as Prosecutor shall be responsible for all Prosecutor duties related to adult and to the juvenile matters set forth below, for the CFR Courts under the Southern Plains Region and within the jurisdiction of each Tribe and the CFR Courts designated herein. Contractor shall perform services in accordance of the Statement of Work.
DUE DATE: SUBMIT YOUR QUOTE BY Monday, November 27, 2017 at 12:00 (CST) p.m. Please reference solicitation 14A0318Q0008.
AWARD TYPE
BIA intends to award one (1) Firm Fixed Price Contract with 1 Base year and 2 Options Years. Totaling 3 possible years.
INTERPRETATION OF THE SOLICITATION: NOTICE OF AMBIGUITIES
It shall be the obligation of the potential Contractor to exercise due diligence to discover and to bring to the attention of Bureau of Indian Affair at the earliest possible time any ambiguities, discrepancies, inconsistencies, or conflicts in or between the statement of work, specifications and any other document
RESTRICTIONS AGAINST DISCLOSURE
The Contractor agrees, in the performance of this contract to keep in strict confidence the information furnished by Bureau of Indian Affairs and designated by the COR as public materials and information unless otherwise specified. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession.
PRICE SCHEDULE (utilizing your most competitive and reasonable rate):
PRICING
010: $________________Per Month x 12 months=___________
Base Year: 1/1/2018-12/31/2018
020: $________________Per Month x 12 months=___________
52.232-19 Availability of Funds for the Next Fiscal Year
Option Year 1: 1/1/2019-12/31/2019
030: $________________Per Month x 12 months=___________
52.232-19 Availability of Funds for the Next Fiscal Year
Option Year 2: 1/1/2020-12/31/2020
Total of Amount of _________________________
STATEMENT OF WORK ¿ PROSECUTOR
Contractor (hereinafter referred to as ¿Prosecutor¿) shall be responsible for all prosecutorial duties related to adult and to the juvenile matters set forth below, for the CFR Courts under the Southern Plains Region and within the jurisdiction of each Tribe and the CFR Courts designated herein.
Prosecutor shall provide transportation, personnel, materials, supplies and equipment necessary to perform prosecutorial services and shall furnish an office, home and cell telephone numbers to the Tribal Government Officer and CFR court personnel for distribution to enforcement staff for consultation and instruction purposes. Prosecutor shall be available in emergency situations for the issuance of warrants and/or other emergency orders.
Court Clerks are not responsible for receiving/delivering messages for the Prosecutor and will advise those people needing to do business with the Prosecutor, of Prosecutor¿s contact number(s), where Prosecutor can be contacted, and that the Prosecutor will be physically present at the CFR Court only on days of court appearances.
Prosecutor will provide administrative services one (1) day a week. The Prosecutor may choose to provide administrative services on Monday, Wednesday or Friday but the day selected by the Prosecutor shall be consistently set. Administrative services, at the discretion of Prosecutor, may be provided at the CFR Court or at an alternate site (home or office).
Court days may be increased or decreased, contingent upon the availability of funds. The Prosecutor will be notified in writing, thirty (30) days in advance should any modification be necessary. The contract will be adjusted on a pro rata basis, in accordance with the reimbursement provided for Prosecutor¿s rate of pay.
The majority of the Prosecutor¿s work will be performed at the CFR Court located in Anadarko, Oklahoma where Prosecutor shall be present on court days from 10:00 am until 4:30 pm on Tuesday and Thursday of each week, a minimum of two (2) days per week. The Southern Plains Region will furnish a private office and supplies for the Prosecutor¿s use on days when the Prosecutor is at the court.
Prosecutor shall also provide prosecutorial services two (2) days each month, usually the first and third Monday of each month, for the CFR Court located in Red Rock, Oklahoma. Court may be held at 10:00 a.m. or 2:00 p.m. Notice of the court dates and times of hearing for the Red Rock CFR Court will be provided to Prosecutor by the Court Clerk in advance of the scheduled court date. Prosecutor is responsible for providing travel arrangements the expense of travel.
Prosecutor shall provide the following minimum requirements:
(1) The preparation, filing and prosecution of criminal cases for the Southern Plains Region, which includes Utah and Nevada CFR Courts. In each Court, the Prosecutor shall provide legal expertise, guidance in procedural matters, and prosecution of cases including, but not limited to, those cases set for trial following a ¿not guilty¿ plea by defendants. The Magistrate will notify the Prosecutor of cases assigned to him/her.
(2) The preparation, filing and prosecution of juvenile cases and (ICW) Indian Child Welfare cases arising within each CFR Court¿s jurisdiction and ICW cases transferred to the court pursuant to the ICW Act of 1978 (92 Stat. 3069, 25 U.S.C. 1901-52), as assigned by the Magistrate.
(3) Providing assistance to the (BIA) Bureau of Indian Affairs, ICW and the Tribal Law Enforcement Programs by:
a. Providing legal and technical assistance on the questions of law;
b. Performing legal research, preparing documents to be filed in court and/or documents necessary to fulfill prosecutorial functions;
c. Coordinating investigations with the Bureau of Indian Affairs and/or Tribal Law Enforcement personnel on criminal complaints and incidents on trust lands as necessary for trial; and
d. Coordinating investigations with the Bureau of Indian Affairs and/or Tribal Social Services Personnel, ICW, or Law Enforcement Personnel concerning child welfare complaints and incidents on trust land.
(4) Performing the duties associated with prosecuting incidents by:
a. Screening and processing citizen complaints;
b. Screening and processing complaints for child welfare, neglect and abuse;
c. Providing the paper work and necessary investigatory services to support prosecutorial functions. Such services shall include but, not be limited to, drafting legal documents, organizing files, verifying medical records, documenting the interrogation of all parties and acquiring and maintaining evidence to support the prosecution of cases filed;
d. Timely preparing the necessary legal documents for trial such as complaints, warrants, petitions, subpoenas and summons for court action in criminal and ICW involving child welfare, neglect, and abuse;
e. Interviewing complainants, witnesses, and defendants;
f. Performing legal research, preparing court documents and presenting cases in court;
g. Working cooperatively with the FBI, BIA, Tribal and/or other Federal Law Enforcement personnel as well as Court staff and Regional Tribal Government Services Officer in the performance of the above duties;
(h) Having knowledge of applicable federal, tribal, and state laws, codes, regulations, ordinances;
(i) Having knowledge of CFR court practices, judicial procedure, criminal and civil procedures, and rules of evidence;
(j) Working with judges, law enforcement, probation, social services, and court staff in a professional manner;
(k) Establishing and maintaining professional relationships with individuals of varying social and cultural backgrounds and with co-workers at all levels; and
(l) Exercising independent judgment and negotiating legal actions.
(5) In the event a conflict of interest arises in performing duties under this contract, the court may appoint an alternate Prosecutor. The Prosecutor shall compensate the alternate Prosecutor if the conflict is based on the Prosecutor¿s private practice or work. The CFR court will compensate an alternate Prosecutor in other instances of conflict.
(6) An alternate Prosecutor shall be appointed after prior approval is given by the Magistrate and the Tribal Government Services Officer; therefore a written request must be made to the Tribal Government Services Officer.
(7) If it is necessary for Prosecutor to be absent during a designated Court day, prior notification, in writing, must be submitted to the Tribal Government Services Officer and the Court Clerk.
(8) In the event Prosecutor decides to hire an assistant to assist in performing duties under this contract, the Prosecutor will be responsible for compensating that assistant; the prosecutor must be given approval by the Tribal Government Services Officer.
(9) A background security investigation will be required on all non-federal government personnel not appointed by the court. Successful completion of a background investigation and favorable adjudication is required. If un-favorable background the award will go to the next responsive bidder.
(10) The Prosecutor shall perform the duties set out under this Scope of Work in a timely and responsible manner to assure the administration of justice within the Tribal communities and be in attendance for all court sessions.
PROVISION FAR 52.212-1 -- INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS, applies to this acquisition.
FAR 52.212-2 - EVALUATION - COMMERCIAL ITEMS
(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. Award will be made using a Lowest Price Technically Acceptable (LPTA) approach; the Government will award to the lowest priced offeror that is determined technically acceptable. The following factors shall be used to evaluate offers:
Factor 1: Experience
Factor 2: Past Performance
All evaluation factors, when combined, are equal to cost or price.
(b) Factor 1: Experience
1. The offeror shall submit qualifications to perform Prosecutor Services. Submit resume showing similar work as outline in the statement of work. The factor will be rated as "Technically Acceptable" or "Technically Unacceptable."
2. "Technically Acceptable" is defined as the item offered to the Government that meets the minimum requirements of the solicitation.
3. "Technically Unacceptable" is defined as the item offered to the Government that does not meet the minimum requirements of the solicitation.
(c) Factor 3: Past Performance
Past performance contact information for minimum of two and maximum of three references for which work was conducted which was similar in scope, magnitude and complexity to the requirements described in this solicitation and attached Statement of Work/Specification
1. The offeror's quote will be evaluated to determine the extent to which its past performance demonstrates the likelihood of successful performance in providing requirements similar in size, scope and complexity to the requirements identified in the RFQ. The evaluation will consider both the relevance and quality of past projects. The Government may choose to evaluate publicly available reports, and/or data from the Past Performance Information Retrieval System (PPIRS). The Government may use present and/or past performance data obtained from a variety of sources. The information gathered for past performance may also be used in the responsibility determination. An Offeror without relevant past performance will receive a neutral rating (i.e., neither acceptable nor unacceptable).
The evaluation of Past Performance will reflect the consideration of all relevant agency/customer information that is available to the Government, including both the information received from the offeror's references and information obtained from other sources.
(e) AWARD PROCESS:
1. The Government will first evaluate all quotations to ensure the quotation complies with all material aspects of the request for quotation thereby being determined as either "Responsive" or "Non-Responsive."
2. Responsive quotes will then be submitted for Technical Evaluation to determine those that are either "Technically Acceptable" or "Technically Unacceptable."
3. "Technically Acceptable" quotations will be then ranked according to Price.
4. The lowest priced offeror who is technically acceptable will receive the award.
FAR 52.212-3 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS
The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.
FAR 52.212-4 - CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEM
All terms and conditions identified under this FAR Clause are applicable to this Request for Quotation.
FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS and FAR 52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (DEVIATION), applies to this acquisition. The clauses cited within this clause as indicated below are applicable: 52.203-6, 52.203-19, 52.204-10, 52.209-6, 52.209-10, 52.219-6, 52.219-8, 52.222-3, 52.222-21, 52.222-26, 52.222-36, 52.222-50, 52.223-3, 52.223-18, 52.225-13, 52.232-33, 52.233-3, and 52.233-4.
FAR Clauses incorporated by reference: 52.204-7, 52.217-9, 52.228-5, 52.232-1, 52.232-17, 52.232-19, 52.232-25, 52.232-39, 52.237-1, 52.237-2, 52.242-15, 52.243-1, 52.243-1 Alt. 1, 52.244-6, 52.246-4, 52.249-4 and 52.249-8.
DIAR 1452.201-70 Authorities and delegations.
As prescribed in section 1401.670-1, insert the following clause:
Authorities and Delegations (SEP 2011)
(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.
(c) The COR is not authorized to perform, formally or informally, any of the following actions:
(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;
(2) Waive or agree to modification of the delivery schedule;
(3) Make any final decision on any contract matter subject to the Disputes Clause;
(4) Terminate, for any reason, the Contractor's right to proceed;
(5) Obligate in any way, the payment of money by the Government.
(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under pa
|