Special_Contract_Conditions.pdf

Special Contract Conditions

Pricing Methodology

Quoters are required to submit, as part of their quote, a completed copy of Section 2, “Commodity or Services Schedule.” The quantity of services to be provided by the Contractor is estimated. These estimates are not a representation to a quoter or contractor that the estimated quantities will be required or ordered, or that conditions affecting requirements will remain stable or normal. Contract pricing shall include all charges to the Government for providing the services required by this solicitation/contract.

Pursuant to FAR 17.203(b), the Government’s evaluation shall be inclusive of options. The Government will evaluate quotes for award purposes by adding the total price of all options to the total price of the base year requirement. Pursuant to FAR 17.203(d), the quoters may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

Risk of Loss:

The Contractor assumes full risk of and responsibility for any loss, destruction or damage occurring to the trash removal equipment, components or containers, except such loss or damage as may be attributed to FDC Philadelphia by reason of negligence of its employees while acting within the scope of their employment.

Institution Security:

The Contractor and its employees shall be required to meet and adhere to all regulations prescribed by the Bureau of Prisons. Security checks will be initiated each time the Contractor’s employees enter the secure perimeter of the institution. This requires approximately 20 minutes, but may take longer.

The Contractor’s employees must fill out the appropriate background investigation forms and clear the investigation before entering the institution. This will be done prior to the initial entry and once every 12 months at a minimum.

The Government reserves the rights for security reasons to prohibit certain vendor’s employees from entering the institution.

Type of Contract: The Government contemplates a single award of an indefinite delivery/requirements type contract with firm-fixed unit prices resulting from this solicitation. It is anticipated that the contract resulting from this solicitation will be awarded in June 2018.

The resulting contract will include a base year period from July 1 2018 through 12 months from July 1, 2018 with four (4) possible 12-month option years for renewal at the unilateral discretion of the Government. Quoters are advised that the Government has the unilateral right to exercise option periods in accordance with FAR 43.103(b) and 52.217-9, "Option to Extend the Term of the Contract.”

Performance Period(s): The anticipated effective date of award (EDOA) is July 1, 2018.

Base Year: EDOA through 12 months from EDOA;

Option Year 1: 13 months from EDOA through 24 months from EDOA;

Option Year 2: 25 months from EDOA through 36 months from EDOA;

Option Year 3: 37 months from EDOA through 48 months from EDOA;

Option Year 4: 49 months from EDOA through 60 months from EDOA.

Point of Acceptance: The point of acceptance for services is FCI McKean.

Non-Personal Services Information: This service is a contractual arrangement and not a personnel appointment.

Payment is based on the provision of an end product or the accomplishment of a specific task. The service does not constitute an employer/employee relationship. The contractor will not be subject to Government supervision, except for security related matters. However, contractor performance shall be monitored. The contractor shall attend all training required by the Bureau of Prisons for contract workers. The contractor will not be permitted to attend institution meetings, staff recalls or Government training sessions for institution staff.

Reviews: The Contracting Officer or designee is authorized to review by on-site survey, review of records, or by any other reasonable manner, the quality of supplies rendered under this contract. All records shall be subject to review by the Contracting Officer or other representative of the BOP.

Payments will be denied when such service does not support the charges or if the service is deemed not necessary or appropriate. Such determinations may be made by the Contracting Officer or COR, whichever is appropriate. All records shall be subject to review by the Contracting Officer or other delegated representatives of the BOP.

Contracting Officer Responsibility: Authority to negotiate changes in the terms, conditions, or amounts cited in this contract is reserved to the Contracting Officer. This responsibility may be delegated to an Administrative Contracting Officer by the Contracting Officer.

Ordering Official: Task orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for FCI McKean with an appropriate certificate of appointment. Each task order will identify the services schedule for that period. Orders can be issued orally, by facsimile, mail, or electronic commerce methods. Task orders will take the form of a purchase request form.

Contract Security/Investigative Requirements: The Contractor will not be subject to Government supervision, except for security related matters and monitoring of contract performance.

The following investigative procedures may be applied and appropriate forms completed before any Contractor employees are permitted inside an institution:

National Crime Information Center (NCIC) Check;

DOJ-99 - Name Check;

FD-258 - Fingerprint Check;

Law Enforcement Agency Check;

Vouchering of employers over the past five years for each individual instructor or employee;

Resume/Personal Qualifications;

OPM-329-A - Authority for Release of Information;

NACI Check (if applicable).

In addition to the above procedures, Contractor employees must agree to undergo a urinalysis test (for the detection of marijuana and other drug usage). If a test result is positive, the individual(s) shall be excluded and the Contractor shall provide acceptable replacement personnel subject to the same security requirements. Before a quote can be considered for award, the Contractor must agree to submit to the all the above security requirements.

Schedule of Required Insurance: In accordance with FAR 52.212-4(q), the Contractor shall comply with all applicable Federal, State, and local laws for the requirements of maintaining applicable insurance coverage.

Quote Submission Instructions:

Quotations shall be submitted on or before the solicitation deadline specified in Block 8 of the Standard Form 1449, page 1 of this solicitation. Quotes shall be submitted via e-mail to pdigel@bop.gov. Quotations received after the quote deadline will be handled in accordance with FAR 52.212-1(f).

Each quoter shall complete and submit the following forms, clauses, and statements with the quotation. Failure to do so may cause your quotation to be considered unacceptable.

1. Standard Form 1449

2. Schedule of Items/Contract Pricing

3. Completed Solicitation Provisions:

-52.212-3, Offeror's Representations and Certifications, if different than SAM record;

4. Technical Capability Statement (must include the following elements) -Plan to comply with FAR 52.219-14, Limitations on Subcontracting

5. Point of Contact information for professional references. The contractor should provide a list of the last three contracts awarded to your organization which are of a related nature and scope.

Include the following for each:

-Customer Name, Address, Phone, Fax, Email address;

-Contract Number; Contact Person;

-Type of Work; Contract Amount; Contract Status (Active or Complete)

6. Point of contact information for a financial reference to include Bank Name, Address, Phone, Email address, and Contact Person.

SAM Registration:

All potential quoters are advised that this solicitation includes the clause at FAR 52.212-4 Contract Terms and Conditions- Commercial Items which at paragraph (t), System for Award Management (SAM), requires all contractors doing business with the Federal Government after to be registered in the SAM database. Quoters should include their Data Universal Number System (DUNS) in their quotations. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardee's DUNS number into the SAM database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award.

If you have questions about the System for Award Management (SAM), Government procurements in general, or need assistance in the preparation of your quote, a local Procurement Technical Assistance Center (PTAC) may be able to help. The Procurement Technical Assistance Program was authorized by Congress in 1985 in an effort to expand the number of businesses capable of participating in the Government marketplace. To locate a PTAC near you, go to http://www.aptac-us.org.

Evaluation and Award Methodology:

This acquisition will be procured in accordance with FAR Part 12 – Acquisition of Commercial Items and Part 13 – Simplified Acquisition Procedures. The Government intends to make a single award to a quoter, pursuant to an affirmative determination of responsibility, whose quotation, conforming to the solicitation, is determined to be the best value to the Government considering price, technical capability, and past performance history.

Price: Price shall be evaluated utilizing the total aggregate pricing offered by the quoter (base year plus all option years).

Technical Capability: Technical Capability will be evaluated utilizing the technical capability statement provided by the quoter.

Past Performance: The Past Performance Information Retrieval System (PPIRS) at www.ppirs.gov with be given priority when evaluating past performance. In the case that a contractor lacks PPIRS assessment reports, professional references submitted by the quoter may be utilized to evaluate past performance history. Contractors lacking past performance history on contracts of related nature and scope with be scored as neutral in reference to past performance history.