FBO_RFQP03071700001.pdf
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U.S. Department of Justice
Federal Bureau of Prisons Administration Division
Field Acquisition Office Grand Prairie, Texas 75051
February 13, 2017
Re: RFQP03071700001 , Bio-Fuel Wood Chip Supply Federal Bureau of Prisons Federal Correctional Institution (FCI) Jesup, Georgia
Dear Quoter:
This cover letter precedes a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the acquisition of Bio-Fuel Wood Chips for FCI Jesup, Georgia. This package contains all the necessary information for submitting a quote for evaluation.
All potential quoters are advised that this solicitation includes the clause FAR 52.212-4 for Commercial Items, 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 offers. The Contracting Officer will verify registration in the SAM database prior to award by entering 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.
Inspection of the site will be available to all interested quoters. Prior approval is necessary for such a visit and will be coordinated through the institution's Facilities Department.
All quotations must be received on or before the deadline of February 28, 2017, at 2:00 p.m. Central Time. Quotes shall be submitted to the following address:
Federal Bureau of Prisons Field Acquisition Office Attention : Nicole Rumsey, Contract Specialist U.S. Armed Forces Reserve Complex 346 Marine Forces Grand Prairie, Texas 75051
Mailed and hand-carried quotes must be delivered to the Contract Specialist at the address shown above no later than the time specified as the deadline for receipt of quotes. Quoters wishing to hand-carry quotes must provide written notification to the Contracting Officer, no less than 24 hours in advance of arrival, so that arrangements may be made with the base security personnel. The official point ofreceipt for hand-carried quotes will be the first floor reception area.
PLEASE DO NOT SUBMIT QUOTES TO ANY LOCATION OTHER THAN THE ONE LISTED ABOVE. E
mailed quotes will be accepted in pdf format only and will be deemed received at the time received as indicated on thee mail notification. E-mails rejected by filters are not the responsibility of the government. Quotes received after the deadline will be handled in accordance with FAR provision 52.212-l(f). No faxed quotes will be accepted.
Should you have any questions, please make these inquiries in writing. Questions may be submitted via e-mail to nrumsey@bop.gov.
Sincerely, /Isl/
Nicole B. Rumsey, Contract Specialist Federal Bureau of Prisons
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER
FFEROR TO OMPLETE BL K 12 17 2 24 3
2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER
DATE NUMBER
7. FOR SOLICITATION INFORMATION
CALL:
9. ISSUED BY
Federal Bureau of Prisons Field Acquisition Office
a. NAME
U.S. Armed Forces Reserve Complex 346 Marine Forces Drive
11 . DELIVERY FOR FOB DESTINATION
UNLESS BLOCK IS MARKED
D sEE
SCHEDULE
12. DISCOUNT TERMS
15. DELIVER TO CODE ............. ...._ ___ --1
Federal Bureau of Prisons FCI Jesup
2600 HIGHWAY 30! SOUTH
JESUP, GA 31599
17a. CONTRACTOR/
OFFEROR
CODE ._ _____ _. FACILITY
CODE '-------1
D 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
0001 Bio Mass Fuel Chips-in accordance with delivery schedul( and specifications in the SOW
Date of award through 12 months
See Continuation Sheet(s)
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
b. TELEPHONE NUMBER (No collect calls)
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
NAICS: 32
EDWOSB
% FOR
SERVICE-DISABLED
VETERAN-OWNED
SIZE STANDARD: 500
D 13a. THIS CONTRACT IS A
RATED ORDER UNDER DPAS
(15 CFR 700)
16. ADMINISTERED BY
Federal Bureau of Prisons FCI Jesup
2600 HIGHWAY 301 SOUTH
JESUP, GA 31599
18a. PAYMENT WILL BE MADE BY
Federal Bureau of Prisons FCI Jesup
2600 HIGHWAY 301 SOUTH
JESUP, GA 31599
Employees
13b. RATING
14. METHOD OF S<f!=tejTATION
X RFQ L_J IFB D RFP
CODE
CODE
18b. SUBMIT INVOICEfTtl ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS
HECKED LJ
10,000.000000 EA $,~------~~t----------
25. ACCOUNTING AND APPROPRIATION DATA . , I 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
~ 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1 , 52.212-4. FAR 52.212-3AND 52.212-5 ARE ATTACHED. ADDENDA ~ LJ ARE NOT TTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE D ARE NOT ATTACHED g 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 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 PRINn 30c. DATE SIGNED 31 b. NAME OF THE CONTRACTING OFFICER (TYPE OR PR/Nn 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
Nicole Rumsey
STANDARD FORM 1449 (REV. 212012)
Prescribed by GSA - FAR (48 CFR) 53.212
19. 20. 21 . 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
D RECEIVED D INSPECTED D ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:------------
32b. SIGNATURE OF AUTHOR IZED GOVERNMENT 32c. DATE 32d . PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 321. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
329 . E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER
CORRECT FOR
QOMPLETE q,ARTIAL QINAL I PARTIAL I jFINAL
38. SIR ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42b. RECEIVED AT (Location)
42c. DATE REC'D (YYIMMIDD) I 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 212012) BACK
Section 2 - Commodity or Services Schedule
SCHEDULE OF SUPPLIES/SERVICES
CONTINUATION SHEET
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT
0002 Bio Mass Fuel Chips-in accordance with delivery schedule and specifications in the SOW
10,000.000000 Ton
13 months through 24 months
0003 Bio Mass Fuel Chips-in accordance with delivery schedule and specifications in the SOW
10,000.000000 Ton
25 Months through 36 months
0004 Bio Mass Fuel Chips-in accordance with delivery schedule and 10,000.000000 Ton specifications in the SOW
37 months through 48 months
0005 Bio Mass Fuel Chips-in accordance with delivery schedule and 10,000.000000 Ton specifications in the SOW
49 months through Date of award through 60 months
2.1 Schedule Continued
Total for base year and all 4 option periods $ _ _________ _
RFQP03071700001
UNIT PRICE AMOUNT
Quoters are required to submit, as part of their quote, a completed copy of the Schedule of Supplies/Services Schedule. The contract rate shall include all charges for providing the bio-mass fuel Contract pricing shall include all charges to the Government for providing these supplies required by the solicitation/contract. The quantity of supplies to be provided by the contractor is estimated above in Section 2.These estimates are not a representation to a quoter or contractor that the estimated quantities will be required or ordered, or that conditions affecting requirements will remain stable or normal. Contract pricing shall be based on a price for each item. Quoters are required to submit a completed copy of Section 2 located above, inclusive of the base year and option periods.
Pursuant to FAR l 7.203(b), the Government's evaluation shall be inclusive of options. Pursuant to FAR l 7.203(d), the quoters may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.
Due to services being subject to the Service Contract Act, the Department of Labor has issued a wage determination for this requirement. See Attachment. The wage determination is applicable to occupation code 31363, Truck Driver, Heavy Duty.
RFQP03071700001
Section 3 - Contract Clauses
A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (May 2015) 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.
52.203-17
52.204-9
52.209-6
52.223-5
52.253-1
52.203-3
52.242-13
52.228-5
52.232-18
52.232-40
52.237-2
Clauses By Full Text
Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights
Apr 2014)
Personal Identity Verification of Contractor Personnel (Jan 2011) rotecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or roposed for Debarment (Oct 2015) ollution Prevention and Right-to-Know Information (May 2011) ornputer Generated Forms (Jan 1991)
Insurance - Work on a Government Installation (Jan 1997) vailability Of Funds (Apr 1984) roviding Accelerated Payments to Small Business Subcontractors (Dec 2013)
Protection Of Government Buildings, Equipment, And Vegetation (Apr 1984)
52.216-18 Ordering (Oct 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from first day of the effective performance period through the last day of the effective performance period.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. ln the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
(End of clause)
52.2 16-19 Order Limitations (Oct 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one load, 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--
(I) Any order for a single item in excess of the estimated quantities identified in the Schedule ofltems 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 para- graph (b)(l) 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, ifthe 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 authoriz.ed by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
( c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.
( d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this con- tract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified 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.
(f) Any order issued during the effective period of this 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)
52.217-9 Option to Extend the Term of the Contract (Mar 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor prior to the expiration of the cur- rent performance period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
( c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.
(End of clause)
52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) ln compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.
This Statement is for Information Only:
It is not a W a e Determination
Monetar Wa e - Frin e Benefits Truck Driver Hea 23.74
(End of clause)
52.21-603-70 Contracting Officer's Representative (COR) (June 20 I 2)
Derek Bland, Facilities Manager, FCI Jesup, (912-427-0870 extention 57927, 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 provide 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.
52.232-19 Availability ofFunds for the Next Fiscal Year (Apr 1984)
Funds are not presently available for performance under this contract beyond September 30 of the base year or any option year exercised. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30 of the base year or any option year exercised, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.
(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 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, dis covers 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 lirn ited to the use, disturbance, or disposal of such material.
(End of Clause)
52.27-103-72 DOJ RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)
For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or 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; or
3. Been a dependent ofa 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.
(End of Clause)
DJAR-PGD- l 5-02-2A Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability-Award CDEVIA TION 2015-02) (March 2015)
(a) None of the funds made available by the Department's current Appropriations Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with a corporation -
( 1) convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or
(2) that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.
(b) By accepting this awarded or order, in writing or by performance, the offeror/contractor represents that-
( 1) the offeror is not a corporation convicted of a felony criminal violation under any Federal or State law within the preceding 24 months; and,
(2) the offeror is not a corporation that has any unpaid Federal or State tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.
(End of Clause)
DJAR-PGD-l 5-02-2B Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud. and Abuse - Award - CD EVIA TION 2015-02) (March 2015)
By accepting this award or order, the contractor certifies that it does not require employees or contractors of the contractor seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting waste, fraud, and abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(End of Clause)
BOP 52.242-71 Evaluation of Contractor Performance Utilizing CP ARS (Apr 2011)
The services, although not directly supervised, shall be reviewed by Federal Bureau of Prisons (BOP) staff to ensure contract compliance. The contractor's performance will be evaluated in accordance with FAR 42.15. Contract monitoring reports will be prepared by the Contacting Officer's Representative (COR) and maintained in the contract file .
In accordance with FAR 42.1502 and 42.1503 , agencies shall prepare an evaluation of contractor performance and submit it to the Past Performance Information Retrieval System (PP IRS). The BOP utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to provide contractor performance evaluations. The contractor shall provide and maintain a current e-mail address throughout the life of the contract. The contractor will receive an e-mail from the Focal Point thru the following website address webptsmh@navy.mil when the contract is registered in CPARS. The e-mail will contain a "user ID" and temporary password to register in the CPARS system. The contractor must be registered to access and review its evaluation and/or provide a response. If assistance is required when registering, please contact the Contracting Staff/Focal Point.
(End of Clause)
52.252-6 Authorized Deviations in Clauses (Apr 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause.
(b) The use in this solicitation or contract of any Justice Acquisition Regulation . (28 CFR clause) clause with an authorized deviation is indicated by the addition of(DEVIA TION) after the name of the regulation.
(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.
(JAN 2017)
(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 (Nov 2015)
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim {OCT 2004)(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:
XX(1) 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 (Oct 2015) (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 of 2009.)
XX(4) 52.204-1 O, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (;D_
U.S.C. 6101 note).
_ (5) [Reserved].
_ (6) 52.204-1 4, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (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. (Oct 2015) (31 U.S.C. 6101 note).
_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
_ (10) (Reserved].
_ (11)(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.
_ (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]
XX(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) of 52.219-7.
_(iii) Alternate II (Mar 2004) of 52.219-7.
XX(16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).
_ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2016) (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 Ill (Oct 2015) of 52.219-9.
_ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)) .
XX(19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
RFQP03071700001
_ (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 f).
XX(22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
_ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
_ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
XX.(25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
XX.(26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).
XX.(27) 52.222-21 , Prohibition of Segregated Facilities (Apr 2015).
XX(28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
XX(29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U .S.C. 4212).
XX(30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793) .
XX(31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
XX.(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
XX(33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S. C. chapter 78 and E.O. 13627).
_(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(34) 52.222-54, Employment Eligibility Verification (OCT 2015). (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.)
_ (35)(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.)
_ (36) 52.223-11 , Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O.
13693).
_ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016)
(E.O. 13693).
_ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
_(ii) Alternate I (Oct 2015) of 52.223-13.
_ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
_(ii) Alternate I (Jun 2014) of 52.223-14.
_ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).
_ (41)( i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
_(ii) Alternate I (Jun 2014) of 52.223-16.
XX(42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).
_ (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
- (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).
_ (45) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83) .
_ (46)(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 Ill (May 2014) of 52.225-3.
_ (47) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
RFQP03071700001
XX(48) 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).
_ (49) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 1 O U.S.C. 2302 Note).
_ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
_ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
_ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 1 O U.S.C. 2307(0).
_ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(0).
XX(54) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332).
_ (55) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.
3332).
XX(56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332) .
_ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U .S.C. 552a) .
_ (58)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241 {b) and 10 U.S.C. 2631).
_(ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c) , applicable to commercial services, that the
Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.] xx (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).
_ (2) 52.222-41 , Service Contract Labor Standards (May 2014) ( 41 U .S.C. chapter 67) .
_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67) .
_ (4) 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).
_ (5) 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) .
_ (6) 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).
_ (7) 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).
xx (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
_ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).
_ (10) 52.237-11 , Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1 )) .
(d) Comptroller General Examination of Record . The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General , shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination , audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in
FAR Subpart 4. 7, Contractor Records Retention, of the other clauses bf 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)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) , and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise 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 (Oct 2015) (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. If the subcontract (except subcontracts to small business concerns) exceeds $700,000
• ($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) 52.222-21 , Prohibition of Segregated Facilities (Apr 2015)
(v) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii ) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793) .
(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)
(ix) 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 (f) of FAR clause 52.222-40.
(x) 52.222-41 , Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67) .
(xi) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S .C. chapter 78 and E.O 13627). Alternate I
(Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).
(xii) 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) .
(xiii) 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) .
(xiv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).
(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xvi) 52 .225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xvii) 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.
(xviii) 52 .247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 1Q_
U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52 .247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
Section 4 - List of Attachments
Identifier Title Number of P~noo
I Business Management Questionnaire I
2 Wage Determination 8
3 Statement of Work 3
Section 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 March 15, 2016 with an anticipated effective date of award of March 15, 2017.
The resulting contract will include a base year period from the effective date of award (EDOA) through twelve months from EDOA, with four (4) possible 12-month option years for renewal at the unilateral discretion of the Government. Pursuant to FAR l 7.203(b ), the Government's evaluation shall be inclusive of options. Pursuant to FAR 17 .203( d), quoters may quote varying prices for options, depending on the quantities actually ordered and the dates when ordered. Quoters are advised that the Government has the unilateral right to exercise option periods in accordance with FAR 43 . l 03(b) and 52.217-9, "Option to Extend the Term of the Contract."
Reviews The Contracting Officer or designee is authorized to review by on-site survey, review of records, or by any other reasonable manner, the quality of services rendered under this contract. All records shall be subject to review by the Contracting Officer or other representative of the BOP.
Payments will be denied when such service does not support the charges or ifthe service is deemed not necessary or appropriate. Such determinations may be made by the Contracting Officer or Contracting Officer's Representative, whichever is appropriate. All records shall be subject to review by the Contracting Officer or other delegated representatives of the BOP.
Performance The periods of performance of the resulting contract shall be as follows:
Base Year - Effective Date of A ward through 12 months from EDOA Option I - 13 months from EDOA through 24 months from EDOA Option 2 - 25 months from EDOA through 36 months from EDOA Option 3 - 37 months from EDOA through 48 months from EDOA Option 4 - 49 months from EDOA through 60 months from EDOA
The Contractor shall commence full performance of services under this contract on the effective date of award of the contract. In .
accordance with FAR 46.503 and 46.403(a)(6), the place of acceptance for services under this contract is at the destination under Place of Performance. The Contractor shall provide the contract services independent of Government services.
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.
Ordering Official Delivery orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for FCI Jesup, located in Jesup, Georgia with an appropriate certificate of appointment or a delegation of authority for credit card purchases.
Each delivery order will identify the services schedule for that period.
Contracting Officer's Representative The Contracting Officer will designate in writing a Contacting Officer's Represetative 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;
R FQP03071700001
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.
j) Managing responsibilities related to personal identity verification (PIV Cards)
Schedule of Requi red Insurance As required by FAR clauses 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 blanket purchase agreement, at least the kinds and minimum amounts of insurance required as listed below:
Workers Compensation & Employers Liability: The contractor shall comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when blanket purchase agreement operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of a least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (FAR 28.307-2(a))
Comprehensive General Liability: $500,000 per accident on occurrence for bodily injury. This insurance shall include contractor's protective and liability (FAR 28.307-2(b )), and Automobile liability: (FAR 28 .307-2(c)).
Before commencing work under this blanket purchase agreement, 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 (I) 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 blanket purchase agreement that require work on a Government installation and shall require subcontractors to provide and maintain insurance required in the schedule or elsewhere in the blanket purchase agreement. The Contractor shall maintain a copy of all subcontractor's proofs of required insurance, and shall make copies available to the Contracting Officer upon request.
Section 5 - Solicitation Provisions
A.2 ADDENDUM TO FAR 52.212-1, Instructions to Offerors--Commercial Items (Oct 2015) The terms and conditions for the following provisions are hereby incorporated into this solicitation as an addendum to FAR provision 52.212-1.
52.217-5 valuation of Options (July 1990)
52.237-1 Site Visit (Apr 1984)
52.209-7 INFORMATION REGARDING RESPONSIBILITY MA TIERS (JUL 2013)
(a) Definitions. As used in this provision-" Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables Federal contracts and grants with total value greater than
$10,000,000" means- ( 1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offerer [] has [] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offerer checked "has" in paragraph (b) of this provision, the offerer represents, by submission of this offer, that the infonnation it has entered in the Federal Awardee Performance and Integrity lnfonnation System (FAPIIS) is current, accurate, and complete as of the date of submission ofthis offer with regard to the following infonnation: (1) Whether the offerer, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offerer of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of$5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in- (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of$100,000. (iv) In a criminal , civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor ifthe proceeding could have led to any of the outcomes specified in paragraphs (c)(l)(i), (c)(l)(ii), or (c)(l)(iii) of this provision. (2) If the offerer has been involved in the last five years in any of the occurrences listed in (c) (1) of this provision, whether the offerer has provided the requested information with regard to each occurrence.
( d) The offerer shall post the information in paragraphs ( c) (1) (i) through ( c) (1) (IV) of this provision in…
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