Inactive Total Small Business Set-Aside (FAR 19.5)

Contracting Office Address National Labor Relations Board, 1015 Half St, SE, 3rd Floor, Washington, DC 20570. Description This is a combined synopsis/solicitation for commercial items prepared in acco... Contracting Office Address National Labor Relations Board, 1015 Half St, SE, 3rd Floor, Washington, DC 20570. Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued. This solicitation is a request for quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-04. The associated North American Industrial Classification System (NAICS) code for this procurement is 611430, with a size standard of $7.0M. 1.0 Description: The objective of this procurement is to enlist the service(s) of qualified trial advocacy instructors to provide trial advocacy instruction and training for a set number of participants. 2.0 Agency Background: The National Labor Relations Board (NLRB) is an independent Federal Agency created by Congress in 1935 to administer the National Labor Relations Act, the primary law governing relations between and among unions, employees, and employers in the private sector. The statute guarantees the right of employees to organize and bargain collectively with their employers or to refrain from all such activity. Generally applying to all employers involved in interstate commerce other than airlines, railroads, agriculture, and government, the Act implements the national labor policy of assuring free choice and encouraging collective bargaining as a means of maintaining industrial peace. Through the years, Congress has amended the Act and the Board and courts have developed a body of law drawn from the statute. The NLRB consists of 51 regional, sub-regional, and resident offices, and a headquarters office. For more information, visit www.nlrb.gov. 3.0 Statement of Work: The selected person(s) will develop and conduct a trial skills training workshop for experienced NLRB attorneys. The person(s) selected must have substantial experience providing advocacy training to attorneys at the trial court level. The topics to be addressed in this training may include, but are not limited to: - Preparing for and conducting direct examination of witnesses. - Preparing for and conducting cross and 611(c) examinations of adverse witnesses. - Best practices for admitting and using exhibits. - Best practices for impeaching and rehabilitating witnesses. - Application of the Federal Rules of Evidence in a courtroom setting, including making and responding to objections and ensuring a complete administrative hearing record. - Dealing with electronic litigation issues. - Ethical issues in litigation. The selected person(s) will provide this training through lectures and practice sessions in which the NLRB lawyer participants will engage in mock examinations and receive instructor feedback. The expectation is that the training session(s) will involve approximately 60 NLRB attorneys and that the training will be conducted over a period of at least three (3) and at most four (4) consecutive days. Deliverable 1: Course materials The person(s) selected will prepare course materials that include written materials in support of the lecture components of the training, resource material if applicable, and written materials in support of the practice sessions subject to review and approval by the NLRB. Deliverable 2: Training The person(s) selected will conduct instructional lectures to NLRB attorneys concerning topics relevant to establishing a complete administrative hearing record. These lectures will be followed up with sessions in which small groups of NLRB attorneys will apply the concepts addressed in the lecture in a mock hearing setting using hypothetical scenarios and other practical exercises prepared for the training. The person(s) selected will observe and critique each attorneys’ performance. 4.0 Contacts All deliverables should be delivered to: National Labor Relations Board Attn: David Kelly/Elizabeth Kilpatrick 1015 Half St SE, Ops Mgmt/6th Floor Washington, DC 20005 Contracting Officer: Delfina St Clair Delfina.st.clair@nlrb.gov 202-273-4212 5.0 Period of Performance (POP) • Schedule will be determined through discussion between the NLRB and the awardee. • POP: Time of award through 9/30/2020. 6.0 Security Requirements The Contractor shall adhere to the security requirements of the NLRB. Performance of this Purchase Order requires that Contractor personnel meet the minimum security clearance or investigation requirements of the NLRB. All Contractor personnel shall be U.S. citizens. There shall be no exceptions to this policy. 7.0 Place of Performance All work under this contract must be performed at a location to be determined. Preferred locations include: Denver, Colorado; Philadelphia, Pennsylvania; and Kansas City, Missouri. 8.0 Basis for Award The NLRB intends to award a Firm Fixed Price Purchase Order. The objective of the NLRB is to select the quote that represents the best value to the government while meeting or exceeding the requirements. All evaluation factors and their relative importance are set forth in this RFQ. The evaluation factors are listed in order of importance. An integrated assessment of quotes using all evaluation factors found in the solicitation will be the basis for award. The award may be made based on the initial submission, with or without discussion, so contractors should submit quotes that clearly meet or exceed the requirements of the solicitation. All responsible sources may submit a quote which shall be considered by the NLRB. 9.0 Evaluation Criteria Award will be made to the responsible quoter whose quote, conforming to the solicitation, will be most advantageous to the Government on the basis of technical, and price. Quotes that exceed the NLRB requirements may receive additional consideration under Technical. These factors are listed in order of importance: 9.1 EVALUATION FACTORS Factor 1 – Technical Approach Factor 2 – Price Order of Precedence: Factors 1 is more important than Factor 2. Factor 2, Price, will become more important as non-price factors become more equal. While the Government anticipates award to the responsible contractor(s) whose quote(s) provide the overall best value to the Government, no award will be made based on technical approach when the proposed price is considered unreasonably high. 9.1.1 Factor 1 – Technical Approach: This Factor will be evaluated as a measure of merit and the Government’s confidence. The Government will evaluate the contractor’s technical approach for delivering high quality training services as defined in the Statement of Work. The Government will specifically evaluate the extent to which the contractor presents the following: a) The contractor’s experience and abilities in providing similar training services. b) The contractor’s proposed approach for providing requirements. 9.1.2 Factor 2 – Price: The Government will evaluate price quotes to determine reasonableness. Prices that are excessively high or low may be considered unrealistic and unreasonable, and may receive no further consideration. The government will be evaluating all quotes to determine best value. Vendors should submit the attached pricing sheet to include training, course material and travel costs. 9.2. EVALUATION METHODOLOGY 9.2.1 Factor 1: The following adjectival ratings will be used to rate Factor 1. A determination of “Unacceptable” renders the entire quote unacceptable and therefore will NOT be considered for award. The quote must be rated “Acceptable” or higher overall to be considered for award. Outstanding – Quote meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low. Good – Quote meets requirements and indicates a thorough approach and understanding of the requirements. Quote contains strengths, which outweigh any weaknesses. Risk of unsuccessful performance is low. Acceptable – Quote meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on performance. Risk of unsuccessful performance is no worse than moderate. Marginal – Quote does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The quote has one or more weaknesses, which are not offset by strengths. Risk to unsuccessful performance is high. Unacceptable – Quote does not meet requirements and contains one or more deficiencies. Quote is unawardable. 9.2.2 Factor 2 – Price: Price will not be scored or receive an adjectival rating. 10. Provisions and Clauses The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html. The following solicitation provisions apply to this acquisition: 1. FAR 52.212-1, “Instructions to Offerors–Commercial Items” [OCT 2018] 2. FAR 52.212-2, “Evaluation – Commercial Items” [OCT 2014] 3. FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items” [DEC 2019] Offerors must complete annual representations and certifications on-line at http://orca.bpn.gov in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items.” If paragraph (j) of the provision is applicable, a written submission is required. The following contract clauses apply to this acquisition: • FAR 52.212-4, “Contract Terms and Conditions–Commercial Items” [OCT 2018] • FAR 52.212-5, “Contract Terms and Conditions Required to Implement Statutes or Executive Orders” [JAN 2020] The following subparagraphs of FAR 52.212-5 are applicable: 52.203-13 Contractor Code of Business Ethics and Conduct (OCT 2015) 52.222-50 Combating Trafficking in Persons (JAN 2019) 52.222-3 Convict Labor (JUN 2003) 52.222-19 Child Labor-Cooperation with Authorities and Remedies (JAN 2020) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (SEP 2016) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT 2018) Agency-Specific Clauses Contract Administration Data (a) All contract administration must be effected by the Contracting Officer except as delegated to the Contracting Officer’s Representative (COR). In no event will any modification, change order or other matter in deviation from the terms of scope of this contract be effective or binding unless formalized by proper contractual documents by the Contracting Officer. (b) In the event the Contractor makes any changes to the terms or scope of this contract at the direction of any person other than Contracting Officer, the change will be considered to have been made without proper authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. (End of Clause) Contracting Officer’s Representative (COR) (a) Contracting Officer’s Representative (COR), for the contract resulting from this solicitation will be designated at time of award. (b) The COR is responsible, as applicable, for receiving all deliverables, inspecting and accepting the services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the Contractor which clarifies the contract effort; fills in details or otherwise serves to accomplish the contractual Statement of Work; evaluating performance; and certifying all invoices/vouchers are acceptance of the services furnished for payment. (c) The COR does not have the authority to alter the Contractor’s obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussion, it is desirable to alter/change contractual obligations or the Statement of Work, the Contracting Officer shall issue such changes. (End of Clause) Local Provision: 52.233-9000 Agency-Level Protests Potential bidders or quoters may submit an agency-level protest directly to the Contracting Officer (CO). As an alternative to the CO’s consideration of a protest, a potential bidder or quoter may request an independent review of their protest by the NLRB Protest Deciding Official (Tashiana Carter, Director NLRB Acquisitions Management Branch). In either case, the Agency-level protest must comply with the requirements and procedures in FAR 33.103 for submitting agency-level protests. (End of Clause) IPP-001 Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform (IPP) system using the “Bill to Agency” of Interior Business Center – FMD. “Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4, Contract Terms and Conditions – Commercial items included in commercial item contracts. The IPP website address is: https://www.ipp.gov. The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve prior to the contract award date, but no more than 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomersupport@fiscal.treasury.gov or phone (866)973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation. (End of Clause) 11. Quote Submission This is an open-market combined synopsis/solicitation for lodging as defined herein. The government intends to award a Purchase Order as a result of this combined synopsis/solicitation that will include the terms and conditions set forth herein. To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows: "The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition." OR "The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:" Quoters shall list exception(s) and rationale for the exception(s). The quoter shall submit a separate volume for technical and price quote that addresses the requirements of the solicitation. The technical volume should not exceed 25 pages. Quotes should be submitted in either Adobe Acrobat, Excel, or Microsoft Word 2003. Submission shall be received not later than March 11, 2020 at 10:00am EST via email to Delfina St Clair at Delfina.St.Clair@nlrb.gov. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). Any questions regarding this solicitation should be forwarded in writing via e-mail by March 5, 2020 at 10:00am to the Contracting Officer at Delfina.St.Clair@nlrb.gov.