Coffee Beverage Supply.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER OMB Clearance Control Number:

1103-0018

5. SOLICITATION NUMBER

RFQP01011100014

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

03/08/2011

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

KIMBERLY M. THOMAS

b. TELEPHONE NUMBER (No collect calls)

304-445-3300

8. OFFER DUE DATE / LOCAL

TIME

04/13/2011 16:00:00

CODE ALD

Federal Bureau of Prisons FPC Alderson

PO BOX A

Alderson, WV 24910-0990

9. ISSUED BY

UNRESTRICTED OR X SET ASIDE: 100% FOR

X SMALL BUSINESS

HUBZONE SMALL BUSINESS

SERVICE-DISABLED VETERAN

OWNED SMALL BUSINESS

EMERGING SMALL BUSINESS

8(A)

NAICS: 311920

SIZE STANDARD: E04

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

ALDCODE15. DELIVER TO

Federal Bureau of Prisons FPC Alderson One Glen Ray Road Alderson, WV 24910

CODE ALD16. ADMINISTERED BY

Federal Bureau of Prisons FPC Alderson

PO BOX A

Alderson, WV 24910-0990

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

ALDCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FPC Alderson

PO BOX A

Alderson, WV 24910-0990

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

COFFEE BEVERAGE SUPPLY: Vendor to supply two

(2) coffee dispensers and shelf stable liquid coffee base in accordance with the attached terms and conditions.

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27A. SOLICITATION INCORPORATES BY REFERENCES FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE X ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REF. __________ OFFER DATED __________.

YOUR OFFER ON SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR

CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

Kimberly Thomas

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.21.2

RFQP01011100014 Page 1 of 26

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b.SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d.PRINTED NAME AND TITLE OF AUTHORIZED

GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 3/2005) BACK

RFQP01011100014 Page 2 of 26

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2.2.1 CONTINUATION OF THE SCHEDULE OF ITEMS

2.2.2 Descriptions and Specifications for Coffee Beverage Supply

3 Contract Clauses 52.21-603-70 Contract Monitor (CM) (AUG 2008) 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE

2004) FAO-0015 Inspecting The Site FAO-0024 Business Management Questionnaire 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Oct 2010) 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.228-5 Insurance - Work on a Government Installation (Jan 1997) 52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984)

4 List of Attachments 5 Solicitation Provisions

52.212-3 Offeror Representations and Certifications--Commercial Items (Oct 2010)

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005). . . 17

52.233-2 Service of Protest (Sept 2006) 52.212-2 Evaluation - Commercial Items (Jan 1999) 52.217-5 Evaluation of Options (July 1990)

RFQP01011100014 Page 3 of 26

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 BASE YEAR: SUPPLY COFFEE WITH DISPENSER TO FPC

ALDERSON. COFFEE SHALL BE LIQUID FORM AND SHELF

STABLE WITH AN 80:1 RATIO. MUST BE KOSHER APPROVED

WITH WRITTEN DOCUMENTATION SUPPLIED FOR

VERIFICATION.

1.000000 YR $____________ $___________________

0002 OPTION YEAR 1: SUPPLY COFFEE WITH DISPENSER TO FPC

ALDERSON. COFFEE SHALL BE LIQUID FORM AND SHELF

STABLE WITH AN 80:1 RATIO. MUST BE KOSHER APPROVED

WITH WRITTEN DOCUMENTATION SUPPLIED FOR

VERIFICATION.

1.000000 YR $____________ $___________________

0003 OPTION YEAR 2: SUPPLY COFFEE WITH DISPENSER TO FPC

ALDERSON. COFFEE SHALL BE LIQUID FORM AND SHELF

STABLE WITH AN 80:1 RATIO. MUST BE KOSHER APPROVED

WITH WRITTEN DOCUMENTATION SUPPLIED FOR

VERIFICATION.

1.000000 YR $____________ $___________________

0004 OPTION YEAR 3: SUPPLY COFFEE WITH DISPENSER TO FPC

ALDERSON. COFFEE SHALL BE LIQUID FORM AND SHELF

STABLE WITH AN 80:1 RATIO. MUST BE KOSHER APPROVED

WITH WRITTEN DOCUMENTATION SUPPLIED FOR

VERIFICATION.

1.000000 YR $____________ $___________________

0005 OPTION YEAR 4: SUPPLY COFFEE WITH DISPENSER TO FPC

ALDERSON. COFFEE SHALL BE LIQUID FORM AND SHELF

STABLE WITH AN 80:1 RATIO. MUST BE KOSHER APPROVED

WITH WRITTEN DOCUMENTATION SUPPLIED FOR

VERIFICATION.

1.000000 YR $____________ $___________________

2.2.1 CONTINUATION OF THE SCHEDULE OF ITEMS

Please complete this additional section and submit when preparing your quote.

Type of product: Ambient liquid concentrate

Product mix ratio: 80:1

Containers size/type: 1 gallon containers

Shelf-Life of product: 6 months

Case size (including yield per case): 2 gallon/case

Base Year: Effective date of award through September 30, 2011 Base Beverage Estimated Quantity Price per gallon

Coffee 6,843 gallons $

Option Year #1: October 1, 2011 – September 30, 2012 Base Beverage Estimated Quantity Price per gallon

Coffee 13,687 gallons $

Option Year #2: October 1, 2012 – September 30, 2013

RFQP01011100014 Page 4 of 26

Base Beverage Estimated Quantity Price per gallon

Coffee 13,687 gallons $

Option Year #3: October 1, 2013 – September 30, 2014 Base Beverage Estimated Quantity Price per gallon

Coffee 13,687 gallons $

Option Year #4: October 1, 2014 – September 30, 2015 Base Beverage Estimated gallons Price per gallon

Coffee 13,687 gallons $

2.2.2 Descriptions and Specifications for Coffee Beverage Supply

General information : The Federal Bureau of Prisons (FPC), Alderson, WV intends to award a firm-fixed price requirements type contract to a responsible small business entity to include the supply of liquid coffee beverage base, necessary equipment to dispense coffee, and service of the equipment for the Food Service De-partment of FPC Alderson, WV. FPC Alderson is a minimum security facility which opened in 1927 and houses 1,100 federal female inmates.

PLACE OF PERFORMANCE: Supplies and equipment will be delivered to FPC Alderson, 1 Glen Ray Road, Alderson, WV 24901. Actual location shall be the Food Service Building.

SUPPLIES: The contractor shall provide coffee base. The coffee base must by shelf stable, and in liquid form.

The coffee base should be supplied in a ratio of 80:1. Beverage product must be Kosher approved and the con-tractor must provide written documentation for verification.

EQUIPMENT: The contractor shall provide, install and maintain a coffee dispensing system to dispense regu-lar coffee and hot water. The dispensing system must have a filter system that will filter incoming water to pro-tect equipment and to ensure a quality product. All machines should be equipped with a back flow preventer.

Each dispensing unit will heat incoming cold water to a point where suitable coffee temperatures will be main-tained (160-180 degrees) when dispensing 600 portions in one hour period during a meal. The dispensing unit must be a push button table top dispensing unit and be adaptable to hook up to existing drains on FPC Alder-son’s existing beverage cabinets without spillage onto the beverage bar. The coffee dispensing unit must be self-contained (in cases where concentrate containers are used) and cannot require piping or additional equip-ment outside the dispensing unit. All coffee units must be completely secured with no free access to the internal parts. The contractor shall provide hasps, straps, locks or bars that will accept a 3/8 inch shank padlock to be provided by the institution if needed to secure the unit from being tampered with by other than authorized staff.

All equipment supplied for the requirement shall be new not refurbished.

ELECTRICAL: 115 volt, 3 prong ground outlet, 12 amp service, US & NSF approved. The contractor shall supply the Food Service Administrator, (FSA), with electrical requirements for the coffee machines, which is normally single phase 208/220/240, and electrical receptacle if needed 3 weeks in advance of installation of cof-fee dispensing units.

RFQP01011100014 Page 5 of 26

LOCATIONS: The contractor will be required to install two (2) dispensing units in the central dining room of FPC Alderson. The contractor shall deliver and have the equipment operational 30 calendar days from the ef-fective date of the awarded contract. FPC Alderson may request at any time throughout the life of the contract, additional equipment or the current equipment moved and or removed as necessary. All equipment provided shall remain the property of the contract and shall be retrieved at the contractor’s expense upon the completion of the contract.

REPAIR AND SERVICE OF EQUIPMENT: Repairs and service of the coffee dispensing units supplied by the contractor shall be provided throughout the life of the contract at no additional cost. Service will include preventative maintenance checks at least once each quarter. Preventative maintenance shall include a complete check of all dispensing equipment and calibration of coffee and water ratios. FPC Alderson shall notify the con-tractor of any equipment breakdown or failure to dispense. Requests for repairs will be made by the FSA or his designee. The contractor shall provide repair service within ten (10) hours of request, including weekends and holidays. In the event repairs cannot be completed within 24 hours, a loaner machine should be delivered and installed within 24 hours of the initial service call, as to ensure no interruption of service. Service visits will normally be scheduled Monday through Friday during regular business hours, (7:30 am to 3:00 pm, excluding 11:00 am to 12:00 pm).

SCHEDULE: The liquid coffee product shall be delivered Monday through Friday with the exception of Fed-eral Holidays and deliveries shall begin no later than fifteen (15) working days after the receipt of an order. In general, FPC Alderson intends to place quarterly orders for the coffee product, however product orders may be increased or decreased depending on usage based on population fluctuations. Orders may be placed by facsim-ile, oral or written notification.

INSTITUTION SECURITY: The contractor agrees to adhere to all regulations prescribed by the institution in regards to the safety, custody, and conduct around federal inmates.

CONTRACT PRICING: Contract pricing shall be inclusive of all charges to the Government for the provi-sion of coffee beverages, equipment, and the service requirements detailed by this solicitation (e.g., overhead profit, taxes, maintenance, transportation, etc.) The Government reserves the right to award without discussion;

therefore, the initial quote should contain the best terms for a price and technical standpoint.

PRICING METHODOLOGY: The quantity of supply to be provided by the contractor is estimated and is not a representation to an offeror or contractor that the estimated quantities will be required or ordered or that the conditions affecting requirements will be stable or normal. Additionally, the estimated quantities in the sched-ule are based on an estimated usage in the Base Year from date of award through September 30, 2011. The Op-tion Years will be on a twelve (12) month requirement period. Pursuant to FAR 17.203(b), the Government’s evaluation of quotes shall be inclusive of options.

SITE-VISIT INFORMATION: The site-visit will be held on March 23, 2011 at 1:00 pm in the Central Din-ing Room of FPC Alderson. All interested parties who plan to attend this visit are required to complete the "Au-thorization For Release of Information" form and return it to Robert Brown, Food Service Adm. by March 18, 2011. Please contact Mr. Brown to obtain a copy to the form by calling 304-445-300, x5400.

RFQP01011100014 Page 6 of 26

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (June 2010)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses By Reference

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.arnet.gov/far

Clause Title

52.253-1 Computer Generated Forms (Jan 1991)

52.232-18 Availability Of Funds (Apr 1984)

52.212-4 Contract Terms and Conditions--Commercial Items (June 2010)

52.204-4 Printed or Copied Double-Sided on Recycled Paper (Aug 2000)

Clauses by Full Text

52.21-603-70 Contract Monitor (CM) (AUG 2008)

(a)Kimberly Thomas ,Contract Specialist , FPC Alderson,304-445-3300, 5103, is hereby designated as the Contract Monitor (CM) un-der this contract.

(b) The CM is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provide here-under in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contractor effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all in-voices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The CM 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 discussions it is desirable to alter/change contrac-tual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I.1. Long-Term Contractor Personnel:

In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 con-tractor employee whose background investigation (BI) process begins on or after October 27, 2005:a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form I-9, OMB No.

1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued pic-ture ID);

RFQP01011100014 Page 7 of 26

b. Contractor Personnel must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed sometime during the clearance process but prior to badge issuance and must be documented by the DOJ official;

c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position.

Outlined below are the minimum BI requirements for each risk level:

• High Risk - Background Investigation (5 year scope)

• Moderate Risk - Limited Background Investigation (LBI) or Minimum Background Investigation (MBI)

• Low Risk - National Agency Check with Inquiries (NACI) investigation

d. The pre-appointment BI waiver requirements for all position sensitivity levels are a:

1) Favorable review of the security questionnaire form; 2) Favorable fingerprint results; 3) Favorable credit report, if required;3 4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level;

and 5) Favorable review of the National Agency Check (NAC) 4 portion of the applicable BI that is determined by position sensitivity/ risk level.

A badge may be issued following approval of the above waiver requirements.If the NAC is not received within five days of OPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau of Invest-igation Criminal History Check (i.e., fingerprint check results). e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges issued under these procedures will be suspended or revoked.2. Short- Term Contractor Personnel:

It is the policy of the DOJ that short-term contractors having access to DOJ information systems and/or DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items 1a. and 1b. above. The pre-appointment waiver re-quirements for short-term contractors are:

a. Favorable review of the security questionnaire form; b. Favorable fingerprint results; c. Favorable credit report, if required;5 and d.

Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commensur-ate BI does not need to be initiated.

A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of is-suance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PIV-I identity proofing process.

For example, if a contractor employee requires daily access for a three or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a second request is submitted for the same contractor employee within a twelve-month period for the purpose of extending the initial contract or for employment under a totally different contract for another three or four-week period, this contractor would now be considered "long-term" and must be cleared according to the long-term requirements as stated in this interim policy.

3. Intermittent Contractors:

An exception to the above-mentioned short-term requirements would be intermittent contractors.

a. For purposes of this policy, "intermittent" is defined as those contractor employees needing access to DOJ information systems and/ or DOJ facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For ex-ample, the water delivery contractor that delivers water one time each week and is working on a one-year contract.

b. Contractors requiring intermittent access should follow the Department's escort policy. Please reference the August 11, 2004, and January 29, 2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted ac-cess.

c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contract-or, the same pre-employment background investigation waiver requirements that apply to short-term contractors are required.

d. If an intermittent contractor is approved for unescorted access, the contractor will only be issued a daily badge. The daily badge will be issued upon entrance into a DOJ facility or space and must be returned upon exiting the same facility or space.

e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year. 4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated BI meeting HSPD-12 and DOJ's BI requirements.

5. The DOJ's current escorted contractor policy remains unchanged by this acquisition notice.

Notes:

1. FIPS 201 is available at: www.csrc.nist.gov/publications/fips/fips201/FIPS-201-022505.pdf

2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-I identity proofing process, including initiation and adjudication of the required background investiga-tion, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-II) requires badge issuance to all affected long-term contractors.

3. For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-

RFQP01011100014 Page 8 of 26 appointment waiver package.

4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations to OPM. Per OPM ' s instructions, to obtain an Advance NAC Report, a Code " 3" must be placed in block " B " of the " Agency Use Only " section of the investigative form. This report is available for all case types.

5.For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package.

[End of Clause]

52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)

For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commit-ment, individuals or contractor employees providing services must have:

1. Legally resided in the United States (U.S.);2. worked for the U.S. overseas in a Federal or military capacity; or3. been a dependent of a Federal or military employee serving overseas.

If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current inform-ation regarding allied countries: http://www.opm.gov/employ/html/citizen.htm

By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.

[End of Clause]

FAO-0015 Inspecting The Site

The site is located at:

FPC Alderson's Central Dining Room

Call 304-445-3300 (x5400) to obtain necessary paperwork to enter institution.

FPC Alderson's Central Dining Room

FAO-0024 Business Management Questionnaire

(a) Provide the work distribution, by percentage, among commercial contracts and Government prime contracts (including subcon-tracts under Government contract).

COMMERCIAL:_________ percent GOVERNMENT:_________ percent

(b) List the last three contracts awarded to your firm which are of a related nature, indicating for each the following:

(1) (a) Customer & Address _____________________________

(Phone) ____________________

(b) Contract Number ______________________________

(c) Person to Contact _____________________________

(d) Type of Work _______________________________

(e) Amount of Contract $_________________________

(f) Contract Status [__] Active [__] Complete

(2) (a) Customer & Address ______________________________

(Phone) _____________________________

(b) Contract Number _______________________________

(c) Person to Contact ______________________________

(d) Type of Work __________________________________

(e) Amount of Contract $____________________________

(f) Contract Status [__] Active [__] Complete

RFQP01011100014 Page 9 of 26

(3) (a) Customer & Address ______________________________

(Phone) _____________________________

(b) Contract Number ______________________________

(c) Person to Contact _____________________________

(d) Type of Work _________________________________

(e) Amount of Contract $___________________________

(f) Contract Status [__] Active [__] Complete

(4) Bank Reference:

(a) Name of Bank__________________________________

(b) Address_______________________________________

(Phone)_________________________________

( c ) Person to Contact______________________________

(5) Total estimated amount of work under this contract that your firm will complete (excluding subcontractors):______________percent

52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the first day of the effective performance period through the last day of the effective performance period.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 5 cases, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of the estimated quantities identified in the Schedule of Items within the current performance period;

(2) Any order for a combination of items in excess of the estimated quantities identified in the Schedule of Items; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in para-graph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regula-tion (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limita-tions in paragraph (b), unless that order (or orders) is returned to the ordering office within 1 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-21 Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or

RFQP01011100014 Page 10 of 26

"maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this con-tract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified un-der this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Con-tractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Con-tractor shall not be required to make any deliveries under this contract after the last day of the effective performance period.

(End of clause)

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Of-ficer may exercise the option by written notice to the Contractor within the last day of the current performance period.

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within the last day of the current perform-ance period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Govern-ment to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed (months)(years).

(End of clause)

52.228-5 Insurance - Work on a Government Installation (Jan 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insur-ance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective-

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractor'sproofs of required insurance, and shall make cop-ies available to the Contracting Officer upon request.

(End of clause)

52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond September 30th of the Base Year. The Government's ob-ligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which pay-ment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance

RFQP01011100014 Page 11 of 26 under this contract beyond September 30th of the Base Year, until funds are made available to the Contracting Officer for perform-ance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

[END OF ADDENDUM TO FAR 52.212-4]

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Oct 2010)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this con-tract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

__Alternate I (Aug 2007) of 52.222-50 (22 U.S.C.7104(g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incor-porated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

____(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).

____(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

____(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

____(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C.

6101 note).

____(5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010)(Pub. L. 111-5).

____(6) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

____(7) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____(8) [Reserved] xx(9)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____(ii) Alternate I (Oct 1995) of 52.219-6.

____(iii) Alternate II (Mar 2004) of 52.219-6.

____(10)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____(ii) Alternate I (Oct 1995) of 52.219-7.

____(iii) Alternate II (Mar 2004) of 52.219-7.

____(11) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

____(12)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2010) (15 U.S.C. 637(d)(4)).

____(ii) Alternate I (Oct 2001) of 52.219-9.

____(iii) Alternate II (Oct 2001) of 52.219-9.

____(iv) Alternate III (Jul 2010) of 52.219-9.

____(13) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

____(14) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____(15)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C.

2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

____(ii) Alternate I (June 2003) of 52.219-23.

____(16) 52.219-25, Small Disadvantaged Business articipation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L.

103-355, section 7102, and 10 U.S.C. 2323).

RFQP01011100014 Page 12 of 26

____(17) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

____(18) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004)(15 U.S.C. 657 f).

____(19) 52.219-28, Post Award Small BusinessProgram Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

____(20) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

xx(21) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

xx(22) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

xx(23) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

xx(24) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

xx(25) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

____(26) 52.222-37, Employment Reports on Veterans, (Sep 2010) (38 U.S.C. 4212).

____(27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____(28)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C.

6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____(ii) Alternate I (May 2008) of 52.223-9(42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____(29) 52.223-15, Energy Efficiency in Energy Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____(30)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O.

13423).

____(ii) Alternate I (Dec 2007) of 52.223-16.

__(31) 52.223-18, Contractor Policy to Ban Text Messaging While Driving (Sep 2010) (E.O. 13513).

____(32) 52.225-1, Buy American Act—Supplies(Feb 2009) (41 U.S.C. 10a-10d).

____(33)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 2009) (41 U.S.C. 10a- 10d, 19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C.3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

____(ii) Alternate I (Jan 2004) of 52.225-3.

____(iii) Alternate II (Jan 2004) of 52.225-3.

____(34) 52.225-5, Trade Agreements (Aug 2009)(19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

____(35) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____(36) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

____(37) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.5150).

____(38) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f),10 U.S.C. 2307(f)).

____(39) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f),10 U.S.C. 2307(f)).

xx(40) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003)(31 U.S.C. 3332).

xx(41) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

xx(42) 52.232-36, Payment by Third Party (Feb 2010)(31 U.S.C. 3332).

____(43) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____(44)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).____(ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C.

RFQP01011100014 Page 13 of 26

351, et seq.).

__(5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment -- Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

__(6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services -- Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__(8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d)Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records re-lating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indic-ated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 millionfor construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting oppor-tunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii)[Reserved]

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

__Alternate I (Aug 2007) of 52.222-50 (22 U.S.C.7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Cer-tain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009)(41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.Appx. 1241(b) and 10 U.S.C.

2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses

RFQP01011100014 Page 14 of 26 necessary to satisfy its contractual obligations.

(End of clause)

RFQP01011100014 Page 15 of 26

Section 4 - List of Attachments

Exhibits and Attachments

This Section Is Intentionally Left Blank

RFQP01011100014 Page 16 of 26

Section 5 - Solicitation Provisions

A.2 ADDENDUM TO FAR 52.212-1, Instructions to Offerors--Commercial Items (June 2008)

The terms and conditions for the following provisions are hereby incorporated into this solicitation as an addendum to FAR provision 52.212-1.

Provisions By Reference

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.arnet.gov/far

Clause Title

52.212-1 Instructions to Offerors--Commercial Items (June 2008)

Provisions by Full Text

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005)

Faith-based and Community-based organizations can submit offers/bids/quotations equally with other organizations for contracts for which they are eligible.

[End of Provision]

52.233-2 Service of Protest (Sept 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from [Contracting Officer designate the official or location where a protest may be served on the Contracting Officer.] .

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

52.217-5 Evaluation of Options (July 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of

RFQP01011100014 Page 17 of 26 options will not obligate the Government to exercise the option(s).

(End of provision)

[END OF ADDENDUM TO FAR 52.212-1]

52.212-3 Offeror Representations and Certifications--Commercial Items (Oct 2010)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifica-tions electronically at http://orca.bpn.gov.If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(a) Definitions. As used in this provision--

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"Forced or indentured child labor" means all work or service--

(1)…