RFQP03071500100_FBO_POST.pdf

RFQP03071500100 Page 1 of 17

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

0099-15

2. CONTRACT NO.

7. FOR SOLICITATION INFORMATION

CALL:

9. ISSUED BY

Federal Bureau of Prisons Field Acquisition Office

3. AWARD/EFFECTIVE 4. ORDER

DATE NUMBER

a. NAME

Nicole Rumsey nrumsey@bop.gov

CODE BFAO ....__ ____ _

U.S. Armed Forces Reserve Complex 346 Marine Forces Drive Grand Prairie, TX 75051

11 . DELIVERY FOR FOB

DESTINATION UNLESS BLOCK IS

MARKED

D sEE

SCHEDULE

12. DISCOUNT TERMS

5. LICITATION NUMBER

RFQP03071500100

6. SOLICITATION ISSUE

DATE 3/412015

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

TIME

972-352-4538 04/0 1/20 15 14:00:00

10. THE ACQUISITION IS 0 UNRESTRICTED OR D SET ASIDE: %FOR

D D D

D

SMALL BUSINESS D WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

HUBZONE SMALL

BUSINESS

SMALL BUSINESS PROGRAM NAICS: 324121 D EDWOSB

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS D 8(A)

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

SIZE STANDARD: 500

Employees

13b. RATING

4. METHOD OF SOLICITATION

0RFQ D IFB D RFP

15. DELIVER TO

CODE BIES 1 I I CODE BIES

Federal Bureau of Prisons FCI Jesup

'-------~ Federal Bureau of Prisons

2600 Highway 30 I Jesu , GA 31599

17a. CONTRACTOR/

OFFEROR

TELEPHONE NO.

CODE FACILITY

CODE

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES

Asphalt for FCI Jesup The Size Standard= 500 employees

See Continuation Sheet(s) ( Utt R~ru and/or Altach Additional Shuts a.v N~«ssory}

25. ACCOUNTING AND APPROPRIATION DATA

FCI Jesup 2600 Highway 30 I Jesup, GA 31599

18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCJ Jesup 2600 Highway

QUANTITY UNIT

CODE

UNIT PRICE AMOUNT

26. 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 ATIACHED. ADDENDA X ARE ARE NOT ATIACHED

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

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

30b. NAME AND TITLE OF SIGNER (TYPE OR PR/ND

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

STANDARD FORM 1449 (REV. 0212012)

Prescribed by GSA - FAR (48 CFR) 53.212

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT

0001 Provide Asphalt, INCLUDING DELIVERY AND TRANSFER, per 1923 TN attached specifications for FCI Jesup, GA. This will be a "will call order" delivered by the contractor to the site.

2.1 Pricing Methodology

RFQP03071500100 Page 2of17

UNIT PRICE AMOUNT

Please complete the above information when preparing your quote for supply of asphalt and spray tack. Any resulting contract will be an indefinite delivery/requirements contract. 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 TOTAL OFFERED AMOUNT. These prices will include all overhead, profit, fees , wait times, administrative costs, etc., being charged by the contractor.

2.2 Specifications

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 Federal Correctional Institution (FCI) Jesup. 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 FCI Jesup, 2600 Highway 30 l South, Jesup, Georgia 31599.

The estimated delivery dates are April 13-17, 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 Forms (Jan 1991)

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

52.232-40 Providing Accelerated Payment to Sm1ll Business Subcontractors (Dec 2013)

RFQP03071500100 Pa e 3 of17 52.232-11 Extras (Apr 19 94)

52.232-8 Discounts for Prompt Payment (Feb 2002)

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

52.223-5 Pollution Prev entionand Right-to-Know Information (May 2011)

52.204-13 System for Aw ard Management Maintenance ( 4.130 I) (July 2013)

Clauses by Full Text

52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be fumi shed under this contract shall be ordered by issuance of delivery orders or task orders by the e Schedule. Such orders may be issued from the first day of the effective performance period ormance period.

individuals or activities designated in th through the last day of the effective per£

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

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

(End of Clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Gove rnment requires supplies or services covered by this contract in an amount of less than one ton, 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--

(!) 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 within the current performance period; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b )(I) 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 Regulation (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 limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) 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 "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 contract.

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

. . . . . RFQP03071500100 Page 4 of1 7

(f) Any order issued dunng the effective penod ofth1s contract and not completed within that period shall be completed by the Contractor 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 ifthe order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the last day of the effective performance period.

(End of Clause)

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's Technical Representative (COTR) 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 1he 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.

(t) 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)

52.21-603-70 Contracting Officer' s Representative (COR)(June 2012)

(a) Derek Bland, General Foreman, FCI Jesup (912-427-0870 ext. 808), 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. If as 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)

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:

1. 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 allied 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.

RFQP03071500100 Page 5 of17 (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--Cornmercial Items (Jan 2014)

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) 52.209-10, 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. 7104(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 I 08-77 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(l) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (4 1 U.S.C. 4704 and 10 U.S.C. 2402).

_ (2) 52.203-1 3, Contractor Code of Business Ethics and Conduct (Apr 20 I 0) (4 1 U.S.C. 3509)).

_ (3) 52.203- 15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 20 I 0) (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) (3 I U.S.C. 6 JO 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) _ (l l)(i) 52.2 19-3, 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) 52.2 19-4, 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 .2 I 9-4.

_ (13) [Reserved] _(14)(i) 52 .2 19-6, Notice of Total Small Business Set-Aside (Nov 2011) (1 5 U.S.C. 644).

_(ii) Alternate I (Nov 20 I I).

_(iii) Alternate II (Nov 201 !).

_ (15)(i) 52.2 19-7, Notice ofPartial Small Business Set-Aside (June 2003)( 15 U. S.C. 644).

_(ii) Alternate I (Oct 1995) of 52 .2 19-7.

_(iii) Alternate II (Mar 2004) of 52.2 19-7.

_(16) 52 .2 19-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

_ (l 7)(i) 52.2 I 9-9, 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 200 I) of 52.2 19-9.

_(iv) Alternate III (Oct 2014) of 52.2 19-9.

_ (18) 52.2 19-13, Notice of Set-Aside of Orders (Nov 2011)(1 5 U. S.C. 644(r)).

_ (19) 52.2 19-1 4, Limitations on Subcontracting (Nov 2011) ( 15 U.S.C. 637(a)(l4)).

_ (20) 52.2 19-16, Liquidated Damages- Subcon-tracting Plan (Jan 1999) ( 15 U.S.C. 637(d)( 4)(F)(i)).

_ (21) 52.2 19-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 O.

XX (22) 52.2 19-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

_ (23) 52.2 19-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

. . RFQP03071500100 Page 6of17 _ (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. 637Cm)).

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 20 l 0) (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 of EPEA T®-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 of EPEA T®-Registered Televisions (E.O. 13423 and 13514).

_(ii) Alternate I (Jun 2014) of 52.223-14.

_ (37) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) ( 42 U .S.C. 8259b ).

_ (38)(i) 52.223-16, Acquisition of EPEA T®-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).

_ (4 l)(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) of 52.225-3.

_(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. 3301 note).

XX(43) 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).

_ (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; I 0 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(D).

_ (48) 52 .232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, I 0 U.S.C. 2307(D).

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).

XX(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. 1241(b) and

IO 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.]

(I) 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) 52.222-1 7, 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. 5 I I 2(p)C I)).

_ (10) 52 .222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658).

RFQP03071500100 Page 7of17 ( 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 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 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)(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) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. lf the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 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. 4212).

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

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 421 2)

(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) 52.222-41 , 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. 7104(g)).

_Alternate I (Aug 2007) of52.222-50 (22 U.S .C. 7104(g)).

(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)(41 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. 124J(b) and 1 O U.S.C. 2631). 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]

Section 4 - List of Attachments

Attachment I Business Mana ement Questionnaire

Attachment II Statement of Work (SOW)

4.1 Special Contract Conditions

Type of Contract The Government contemplates a single award of an indefinite delivery/requirements type contract with firm-fixed unit prices resulting from this solicitation. It is anticipated that a contract award resulting from this solicitation will be made approximately April 3, 2015 with an anticipated effective date of award of April 13, 2015.

Contract Administration Contracting Officer Responsibility: Authority to negotiate changes in the terms, conditions, or amounts cited in this contract is

RFQP03071500100 Page 8of17 reserved to the Contracting Officer. This responsibility may be delegated to an Administrative Contracting Officer by the Contracting Officer.

Ordering Official: Task orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for the FCI with an appropriate certificate of'appointment. Delivery orders may be issued orally, by facsimile or by electronic commerce methods.

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 lnstallation," 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 of required 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.

152.237-1 I Site Visit (Apr 1984)

RFQP03071500100 Page 9of17

I Provisions by Full Text

5.1 - Addendum to FAR 52.212-1 , Instructions to Offerors-Commercial Items (Jul 2013)

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 of requirements 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 1 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 (May 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) 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 of responsibility, whose quote, conforming to the solicitation, is determined to be most advantageous to the Government, considering lowest price.

Freedom of Information Act The Freedom oflnformation Act (FOIA) and its amendments have resulted in an increasing number ofrequests 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

RFQP03071500100 Page 10of17 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.

(End of Provision)

[END OF ADDENDUM TO FAR 52.212-1]

52.212-3 Offeror Representations and Certifications-Commercial Items (Dec 2014)

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- ( I) 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

(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 of6 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- (!) 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 9610, 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 fmished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly 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 defmed in Section 2 of the Sudan Accountability and Divestment Act of2007) conducting the business can demonstrate- ( 1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

. . . RFQP03071500100 Page 11 of 17

(2) Are conducted pursuant to specific authonzat1on 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) consi~t ofprovi?~g goods or servi~es to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist ofprov1dmg goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"- ( I) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; 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. J 702(b)(3 )) .

"Service-disabled veteran-owned small business concern"-

(1) Means a small business concem-

(i) Not less 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 defmed in 38 U.S.C. I 0 I (2), with a disability that is service-connected, as defmed 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 concern- ( I) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U .S.C. I 0 I (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- (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 its stock 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) or more women.

"Women-owned small 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 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 https://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 I), except for paragraphs _____ _ [ Offeror to identify the applicable paragraphs at (c) through ( o) of this provision that the offer or 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]

RFQP03071500100 Page 12 of17 ( 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 ojferor represented itself as a small business concern in paragraph (c) (J) 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 provision.] The offeror represents as part of its offer that it is, is not a service-disabled veteran-owned small business concern. - - -- ( 4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(l) of this provision.] The offeror represents, for general statistical purposes, that it __ is, __ is not a small disadvantaged business concern as defmed in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(l) of this provision.] The offeror represents that it __ is, __ is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-

(i) It _ _ is, __ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or…