rfqp01171500013.pdf

RFQP01171500013 Page 1 of 18

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2. CONTRACT NO.

7. FOR SOLICITATION INFORMATION

CALL:

3. AWARD/EFFECTIVE 4. ORDER NUMBER

DATE

a. NAME

5. SOLICITATION NUMBER

RFQPOl 171500013

6. SOLICITATION ISSUE

DATE

04/27/2015

b. TELEPHONE NUMBER (No collect calls) B. OFFER DUE DATE I LOCAL

TIME

Nicole B. Rumsey, Contract Specialist 972-352-4538 05/1 /2015 14:00:00

9. ISSUED BY

Federal Bureau of Prisons

FAO

346 Marine Forces Drive Grand Prairie, TX, 75051

11 . DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

D

SEE

SCHEDULE

CODE BLEE ,__ ____ _

12. DISCOUNT TERMS

15. DELIVER TO

CODE BLEE

Federal Bureau of Prisons USP Lee Lee County Industrial Park/Hickory Flats Road Pennington Gap, VA 24277

17a. CONTRACTOR/

OFFEROR

0 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

10. THE ACQUISITION IS r-71 l..t.J UNRESTRICTED OR D SET ASIDE: %FOR

D SMALL BUSINESS D ~1~~5~~~~~kNN~SB) OH~~~?~fs~MALL

D s~¥15&11~Lt8 D

SMALL BUSINESS PROGRAM NAICS: 324121

EDWOSB

D

SMALL BUSINESS D

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

16. ADMINISTERED BY

Federal Bureau of Prisons USP Lee

PO BOX 900

JONESVILLE, VA 24263

18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons USP Lee

PO BOX 900

JONESVILLE, VA 24263

SIZE STANDARD:SOO

8(A)

13b. RATING

14. METHOD OF SOLICITATION

~RFQ D IFB

CODE

DRFP

BLEE

18b. SUBMIT INVOICE{2g ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS .

~ :~-=:: - .~- " ~ h ...:.::.~-: ~-.;.--=-~ ;. - ____ ;,._ - ,..._ . ...:. ·-- -.._ __ ,. ___ -- > .... -~~---·~~ l--:-- .. ~~-"... -

~~~_:·.~,-; -- -· __ - • ---·-- - - -- - - ->< -- - =·: .. ____ :..:...-~-·~· : ,,:-- L~~~~~~.·:-::;::~:. ~-'-_--.·,··-~;,,~I~

Delivery Date: 05/6-5/15/ 15

Hot Asphalt and Tack Oil-USP Lee

Telephone# _____________ _ e-mail.~-----------------

Duns#~--------------~

See Continuation Sheet(s) {Use RewTR ancVor Attach Additional ShttlS as Nt!auary)

25. ACCOUNTING AND APPROPRIATION DATA 126. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

==:: 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. 52.212-5 IS ATTACHED. ADDENDA

ARE X ARE NOT ATTACHED

~ ARE I= ARE NOT ATTACHED

D 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.

D 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 OFFERORICONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRIND

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PR/ND 31c. DATE SIGNED

Nicole Rumsey

STANDARD FORM 1449 (REV. 0212012)

Prescribed by GSA- FAR (48 CFR) 53.212

RFQP01171500013 Page 2 of 18

19. 20. 21 . 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

32a . UUANTITY IN 1.,uLUMN 21 HA::; Bt:t:N

0 RECEIVED 0 INSPECTED 0 ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:------------

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER

CORRECT FOR

PARTIAL FINAL

QOMPLETE [JARTIAL [JINAL

38. S/R ACCOUNT NUMBER 39. SIR 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 (YYIMM/00) 42d . TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 212012) BACK

RFQP01171500013 Page 3 of 18

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

. CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Hot Asphalt per attached SOW 2,000.000000 ton $ $

0002 Binding coverage-TACK per attached SOW 150' 000. 000000 sq ft $ $

2.1 Pricing Methodology

Please complete the above information when preparing your quote for supply of asphalt and spray tack. Any resulting contract will be an indefinite delivery/firm fixed priced purchase order. As such, quantities listed are estimates only and are not a representation to an offeror or contractor that the estimated quantities will be required or ordered or that conditions affecting requirements will be stable or normal (FAR 16.503 (a)(l)). Quotes will be evaluated for award based solely upon price.

NOTE: Award shall be made to the responsive/responsible offeror submitting the lowest TOT AL OFFERED AMOUNT. These prices will include all overhead, profit, fees, wait times, administrative costs, etc., being charged by the contractor.

2.2 S ecifications

Introduction The Federal Bureau of Prisons (BOP), Field Acquisition Office, Grand Prairie, Texas, intends to make a single award to a responsible entity for the provision of Asphalt as set forth in this solicitation for the United States Penitentiary (USP) Lee. The Government reserves the right to award without discussion and to make a single award. Therefore, each initial quote should contain the best terms from a cost or price standpoint.

Supplies will be delivered to USP Lee, Lee County Industrial Park, Hickory Flats Road, Pennington Gap, VA 24277.

The estimated delivery dates are May 6-13, 2015.

See Attachment II for Statement of Work (SOW).

Section 3 - Contract Clauses

ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Items (May 2014)

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.

Clause Title

52.253-1 Computer Generated Fcnns (Jan 1991)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

RFQP01171500013 Pa e 4 of 18

52.232-40 Providing Accelerated Payment to Srrall Business Subcontractors (Dec 2013)

52.232-11 Extras (Apr 1994)

52.232-8 Discounts for Prompt Payment (Feb 2002)

52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)

52.204-13 System for Award Management Maintenance (4.1301 ) (July 2013)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees ofWhistleblower Rights.

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Contert Paper (May 201 1)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.21-603-71 Evaluation of Contractor Performance Utilizilg CPARS (APR 2011)

52.204-19 Incorporation by Reference of Representations and Certifications. (Dec 2014)

Clauses by Full Text

2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996)

(a) "Unsafe condition" as used in this clause means the actual or potential exposure of contractor or Government employees to a hazardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other material or working condition designated by the Contracting Officer Representative (COR) as potentially hazardous and requiring safety controls.

(b) The Occupational Safety and Health Administration (OSHA) is responsible for issuing and administering regulations that require contractors to apprise its employees of all hazards to which they may be exposed in the course of their employment; proper conditions and precautions for safe use and exposure; and related symptoms and emergency treatment in the event of exposure.

( c) Prior to commencement of work, contractors are required to inspect for and report to the contracting officer or designee the presence of, or suspected presence of, any unsafe condition including asbestos or other hazardous materials or working conditions in areas in which they will be working.

(d) If during the performance of the work under this contract, the contractor or any of its employees, or subcontractor employees, discovers the existence of an unsafe condition, the contractor shall immediately notify the contracting officer, or designee, (with written notice provided not later than three (3) working days thereafter) of the existence of an unsafe condition. Such notice shall include the contractor's recommendations for the protection and the safety of Government, contractor and subcontractor personnel and property that may be exposed to the unsafe condition.

( e) When the Government receives notice of an unsafe condition from the contractor, the parties will agree on a course of action to mitigate the effects of that condition and, if necessary, the contract will be amended. Failure to agree on a course of action will constitute a dispute under the Disputes clause of this contract.

(f) Nothing contained in this clause shall relieve the contractor or subcontractors from complying with applicable Federal, State, and local laws, codes, ordinances and regulations (including the obtaining of licenses and permits) in connection with hazardous material including but not limited to the use, disturbance, or disposal of such material.

(End of Clause)

52.2 1-603-70 Contracting Officer' s Representative (COR)(June 2012)

(a) Jeff Dean, Engineering Tech, USP Lee (276-546-9168), is hereby designated as the Contracting Officer's Representative (COR) under this contract.

(b) The COR is responsible, as applicable, for : receiving all deliverables, inspecting and accepting the supplies or services provided hereunder 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 invoices/vouchers for acceptance of the supplies or 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. Ifas a result of technical discussions it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

(End of Clause)

RFQP01171500013 Page5of 18

52.27-103-72 DOJ Contractor Residency Requirement (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 commitment, individuals or contractor employees providing services must have:

l . Legally resided in the United States (U.S.);

2. Worked for the U.S. overseas in a Federal or military capacity;

3. 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 aIIied with the U.S. The following website provides current information regarding allied countries: http: //www.opm.gov/employ/html/citizens.htm.

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

(End of Clause)

2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)

(a) The following definitions apply in this provision:

(I) "Agency Protest Official" means the official, other than the contracting officer, designated to review and decide procurement protests filed with a contracting activity of the Department of Justice.

(2) "Deciding Official" means the person chosen by the protestor to decide the agency protest; it may be either the Contracting Officer or the Agency Protest Official.

(3) "Interested Party" means an actual or prospective offeror whose direct economic interest would be affected by the award of a con tract or by the failure to award a contract.

(b) A protest filed directly with the Department of Justice must:

(I) Indicate that it is a protest to the agency.

(2) Be filed with the Contracting Officer.

(3) State whether the protestor chooses to have the Contracting Officer or the Agency Protest Official decide the protest. If the protest or is silent on this matter, the Contracting Officer will decide the protest.

( 4) Indicate whether the protestor prefers to make an oral or written presentation of arguments in support of the protest to the deciding official.

(5) Include the information required by FAR 33.103(d)(2):

(i) Name, address, facsimile number and telephone number of the protestor.

(ii) Solicitation or contract number.

(iii) Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protestor.

(iv) Copies ofrelevant documents.

(v) Request for a ruling by the agency.

(vi) Statement as to the form of relief requested.

(vii) All information .establishing that the protestor is an interested party for the purpose of filing a protest.

(viii) All information establishing the timeliness of the protest.

( c) An interested party filing a protest with the Department of Justice has the choice of requesting either that the Contracting Officer or the Agency Protest Official decide the protest.

(d) The decision by the Agency Protest Official is an alternative to a decision by the Contracting Officer. The Agency Protest Official will not consider appeals from the Contracting Officer's decision on an agency protest.

(e) The deciding official must conduct a scheduling conference with the protestor within five (5) days after the protest is filed . The scheduling conference will establish deadlines for oral or written arguments in support of the agency protest and for agency officials to present information in response to the protest issues. The deciding official may hear oral arguments in support of the agency protest at the same time as the scheduling conference, depending on availability of the necessary parties.

(f) Oral conferences may take place either by telephone or in person. Other parties may attend at the discretion of the deciding official.

(g) The protestor has only one opportunity to support or explain the substance of its protest. Department of Justice procedures do not provide for any discovery. The deciding official may request additional information from either the agency or the protestor. The decid ing official will resolve the protest through informal presentations or meetings to the maximum extent practicable.

(h) An interested party may represent itself or be represented by legal counsel. The Department of Justice will not reimburse the pro tester for any legal fees related to the agency protest.

(i) The Department of Justice will stay award or suspend contract performance in accordance with FAR 33.103(f). The stay or suspen sion, unless over-ridden, remains in effect until the protest is decided, dismissed, or withdrawn.

(j) The deciding official will make a best effort to issue a decision on the protest within twenty (20) days after the filing date. The de cision may be oral or written.

RFQP01171500013 Pages of 18

(k) The Department of Justice may dismiss or stay proceeding on an agency protest if a protest on the same or similar basis is filed with a protest forum outside the Department of Justice.

(End of Clause)

DOJ 2640.2F Department of Justice Order 2640.2F (Nov 2008)

Department of Justice (DOJ) Order 2640.2F prohibits the use ofnon-U.S. citizens in the performance of this contract or commitment for any position that involves access to or assisting in the development, operation, management, or maintenance of any DOJ Information Technology System. By signing this contract or beginning performance, the contractor agrees to this restriction.

(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 (April 2015)

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

(1) 52.209-1 0, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 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. 7 104(g)).

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)"(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) 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.] XX(!) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) ( 41 U .S.C. 3509)).

_ (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 of2009.)

XX(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 610 I note).

_ (5) [Reserved] .

XX (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

XX(8) 52 .209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug2013) (31U.S.C.6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

XX (10) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) _ (1 l)(i) 52.219-3 , Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

(ii) Alternate I (Nov 2011) of 52.219-3.

XX (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

_(ii) Alternate I (JAN 2011) of 52.219-4.

_ (13) [Reserved] _(14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

_(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

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

- (ii) Alternate I (Oct 1995) of52.219-7.

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

-(16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

- (I 7)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (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 (Oct 2014) of 52.219-9.

- (18) 52 .219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)) .

- (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). = (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) ( 15 U .S.C. 637(d)( 4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 D.

- (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

- (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

RFQP01171500013 Page 7 of 18 _ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

XX(25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_ (26) 52 .222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

XX(27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

XX(28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

XX(29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).

XX(30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

XX(3 l) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

_(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_ (33) 52 .222-54, Employment Eligibility Verification (AUG 2013). (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.)

_ (34)(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.)

_ (35)(i) 52.223-13, Acquisition ofEPEAT®-Registered Imaging Equipment (JUN 2014) (E.O. 13423 and 13514).

_(ii) Alternate I (Jun 2014) of 52.223-13.

_ (36)(i) 52.223-14, Acquisition ofEPEAT®-Registered Televisions (E.O. 13423 and 13514).

_(ii) Alternate I (Jun 2014) of52.223-14.

_ (37) 52 .223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) ( 42 U.S.C. 8259b).

_ (38)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN 2014) (E.O. 13423 and 13514).

_(ii) Alternate I (Jun 2014) of 52.223-16.

XX(39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

_ (40) 52 .225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

xx (4l)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109- 169, 109-283, 110-138, 112-41, 112-42, and 112-43.

_(ii) Alternate I (May 2014) of52.225-3 .

_(iii) Alternate II (May 2014) of 52.225-3.

_(iv) Alternate III (May 2014) of 52 .225-3.

_ (42) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501 , et seq., 19 U.S.C. 330 I note).

XX( 43) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E. 0. 's, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

_ (44) 52 .225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

_ (45) 52 .226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

_ ( 46) 52 .226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

_ (47) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(t)).

(48) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, I 0 U.S.C. 2307([)).

XX(49) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332).

_ (50) 52 .232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

_(51) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

_ (52) 52 .239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_ (53)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 124l(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.] _(l) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

-(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

_ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services Requirements (May 2014) (41 U.S.C. chapter 67).

_ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.0.13495).

(8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) ( 42 U.S .C. 1792).

- (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008)(31 U.S.C. 5112(p)(l )). = (10) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658).

RFQP01171500013 Page B of 18

( 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 52.2 15-2, 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 relating 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 fmally 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)(l) 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)(l) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-1 3, Contractor Code of Business Ethics and Conduct (Apr 2010) (4 1 U.S.C. 3509).

(ii) 52 .219-8, Utilization of Small Business Concerns (Oct 2014) ( 15 U .S.C. 63 7( 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 million for construction of any public facility), the subcontractor must include 52.2 19-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (I) of FAR clause 52.222-17.

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

(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U. S.C. 42 12).

(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 42 12)

(viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (t) of FAR clause 52.222-40.

(ix) 52.222-4 1, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

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

Alternate I (Aug 2007) of52 .222-50 (22 U.S.C. 7104Cg)).

(xi) 52.222-51 , Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U .S.C. chapter 67).

(xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014)(4 1 U.S.C. chapter 67).

(xiii) 52.222-54, Employment Eligibility Verification (AUG 2013).

(xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;_10 U.S.C. 2302 Note).

(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S .C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52 .226-6.

(xvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241Cb) and 1 O U.S.C. 263 1). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658).

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

[End of clause]

RFQP01171500013 Page9of 18

Section 4 - List of Attachments

Attachment I Attachment II

4.1 Special Contract Conditions

Type of Contract The Government contemplates a single award of a firm fixed price purchase order resulting from this solicitation. It is anticipated that a contract award resulting from this solicitation will be made approximately May 1, 2015 with an anticipated effective date of award of May 6, 2015.

Contract Administration 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.

Contracting Officer's Representative: The Contracting Officer will designate in writing a COR who shall be responsible for:

a) Monitoring technical progress, including surveillance and assessment of performance and issuing technical changes;

b) Interpreting the scope of work;

c) Technical evaluation as required;

d) Technical inspection and acceptance;

e) Assisting in the resolution of technical problems encountered by the service provider during contract performance;

t) Monitoring funds available for obligation ;

g) Ensuring that task orders are issued in accordance with appropriate terms;

h) Ensuring that invoices and payments are processed in a timely manner;

i) Assisting in the resolution of administrative problems encountered by the service provider during the contract performance.

Schedule of Required Insurance As required by FAR clause 52.228-5 entitled "Insurance-Work on a Government Installation," the Contractor shall, at its own expense, provide and maintain during the entire performance of the resulting contract, at least the kinds and minimum amounts of insurance required as listed below:

Employees Liability: $100,000. The required workers compensation insurance shall extend to cover employer's liability for accidental bodily injury or death and for occupational disease with a minimum liability of $100,000.

Comprehensive General Liability: $500,000 per accident or occurrence for bodily injury. This insurance shall include Contractor's protective and liability.

Before commencing work under this contract, the contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required coverage 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, or (2) until 30 days after insurer or the contractor gives written notice to the Contracting Officer, whichever period is longer.

The Contractor shall insert the substance of this clause, including this paragraph, in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain insurance required in the schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs ofrequired insurance, and shall make copies available to the Contracting Officer upon request.

Section 5 - Solicitation Provisions

ADDENDUM TO FAR 52.212-1, Instructions to Offerors - Commercial Items (Apr 2014)

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

RFQP01171500013 Page 10of 18

Clause Title

52.237-1 Site Visit (Apr 1984)

Provisions by Full Text

5.1 - Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items (April 2014)

Tailoring

In accordance with FAR 12.302(a), the provision at 52.212-1 is hereby tailored to modify the following elements of the provision.

At paragraph ( c) "Period for Acceptance of Offers," this paragraph is changed to increase the acceptance period from 30 days to 120 calendar days.

At paragraph (d) "Product Samples," this paragraph is deleted in its entirety as it has been determined to be not applicable to this solicitation.

At paragraph (e) "Multiple Offers," this paragraph is deleted in its entirety as it has been determined to be not applicable to this solicitation.

At paragraph (i) "Availability ofrequirements documents cited in the solicitation," this paragraph is deleted in its entirety as it has been determined to be not applicable to this solicitation.

Submission of Quotes Sealed quotes shall be submitted on or before the quote deadline specified in Block 8 of the Standard Form 1449, page I of this solicitation. Quotes shall be submitted to the following address:

Nicole Rumsey, Contract Specialist Federal Bureau of Prisons Field Acquisition Office U.S. Armed Forces Reserve Complex 346 Marine Forces Drive Grand Prairie, Texas 75051

Mailed and hand-carried quotes must be delivered to the Contracting Officer at the address shown above no later than the time specified as the deadline for receipt of quotes. The official point of receipt for hand-carried quotes will be at the first floor reception area of the address listed above. Emailed quotes will also be accepted to the attention of Nicole Rumsey at nrumsey@bop.gov. Quotes received after the quote deadline will be handled in accordance with FAR 52.212-1 (f). No faxed quotes will be accepted.

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

1. Standard Form 1449

2. Schedule of Items/Contract Pricing

3. Business Management Questionnaire

4. Offeror's Representations and Certifications (if not fully completed in SAM)

All potential quoters are advised that this solicitation includes the clause at FAR 52.212-4 Contract Terms and Conditions- Commercial Items (DEC 2014) which at paragraph (t), System for Award Management (SAM), requires all contractors doing business with the Federal Government to be registered in the SAM database. Quoters should include their Data Universal Number System (DUNS)

RFQP01171500013 Page 11 of 18 number in their quotes. 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.

Award Methodology The Government intends to make a single award to a quoter, pursuant to an affirmative determination ofresponsibility, whose quote, conforming to the solicitation, is determined to be most advantageous to the Government, considering lowest price.

Freedom of Information Act The Freedom of Information Act (FOIA) and its amendments have resulted in an increasing number of requests to Federal Agencies for copies of quotations from other than Government sources.

The quoter should identify information in its quotation the quoter believes should be withheld from these sources, on the basis the quote consist of "trade secrets and commercial or financial information obtained from a person and privileged or confidential" (exemption (b)

(4) of the FOIA). This identification will assist in the decision by a responsible federal official to disclose or withhold the requested information.

If a quoter considers elements of its quotation to be exempt under FOIA, ensure the following notice is annotated on the title page of the quote:

Elements of this document, as identified on individual pages, are considered by the submitter to be privileged or confidential trade secrets or commercial or financial information not subject to mandatory disclosure under the Freedom of Information Act. Material considered privileged or confidential on this basis is contained on pages _ .

The quote must annotate each individual item it considers privileged or confidential under the FOIA exemption with the following notice:

The data or information is considered confidential or privileged, and not subject to mandatory disclosure under the FOIA.

All information in a quoter's proposal not designated may be subject to automatic public disclosure if it is requested under the FOIA. It must be emphasized that under the FOIA no information is automatically exempt from public disclosure. However, no disclosures will be made without careful evaluation, giving due regard to the need for safeguarding material considered privileged or confidential by the quoter. It is Department of Justice policy to withhold whenever possible material that is genuinely privileged or confidential.

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 which they are eligible.

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 ofreceipt from Procurement Executive, Federal Bureau of Prisons, 320 First Street, N.W., Room 5005, Washington, D.C. 20534.

(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)

[END OF ADDENDUM TO FAR 52.212-1]

52.212-3 Offeror Representations and Certifications-Commercial Items (March 2015)

An offeror shall complete only paragraph (b) of this provision ifthe offeror has completed the annual representations and certifications electronically via http://www.acquisition .gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(a) Definitions. As used in this provision- "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service- (!) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

RFQP01171500013 Page12ot 18

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Inverted domestic corporation", as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U .S.C. 395(b), i. e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

"Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except- ( I) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 96 I 0, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place ofreassembly is not the place of manufacture.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174 ). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of2007) conducting the business can demonstrate- ( I) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"-

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically

(i) To restrict the free flow ofunbi(lSed information in Iran ; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people oflran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business concern"- (!) Means a small business concern-

(i) Not Jess than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

"Subsidiary" means an entity in which more than 50 percent of the entity is owned

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Veteran-owned small business concern" means a small business concem-

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U .S.C. I 0 1(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned small business concern" means a concern which is at least 51 percent owned by one or more women ; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned business concern" means a small business concern- ( I )That is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

RFQP01171500013 Page 13 of 18

"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b) or more women.

"Women-owned small business concern" means a small business concern-

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through httos: //www.acguisition .gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.120 l ), except for paragraphs _____ _ [Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

( 1) Small business concern. The offeror represents as part of its offer that it __ is, __ is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(I) of this provision.] The offeror represents as part of its offer that it __ is, __ is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this…