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- RFQP04061400001
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December 4, 2013
Re: RFQP04061400001, Various Bakery Products
U.S. Department of Justice Federal Bureau of Prisons Administration Division
Field Acquisition Office U.S. Armed Forces Complex Grand Prairie, Texas 75051
Federal Correctional Complex (FCC) Florence & Federal Correctional Institution (FCI) Englewood, CO
Dear Quoter:
AccofTipanying this cover letter is a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the acquisition of Various Bakery Products for FCC Florence & FCI Englewood, CO. This package contains all the necessary information for submitting a request for quote for evaluation.
When submitting request for quotes, quoters should consider all information provided herein . Please carefully follow all instructions located in the solicitation package concerning the content, format, and submission of the quotes.
All potential quotes are advised that this solicitation includes the clause FAR 52.212-4 and FAR 52.212-3 for Commercial Items. These clauses 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.
All communications regarding this RFQ, including any of a technical nature, must be made in writing to the Contracting Officer. Questions will not be answered by telephone or in person. Please read the important instructions that are incorporated by reference in the provision at FAR 52.212-1, "Instructions to Offerors-commercialltems", and any addendum thereto. The Contracting Officer assigned to this procurement is the undersigned. Your attention is directed to the fact that the Contracting Officer is the only individual who can legally commit or obligate the Government to an expenditure of public funds should a contract result from this
RFQ.
Prospective quoters are also cautioned against discussing the preparation of their quote (or any technical questions) with Government technical personnel. The circumstances of such contact, when verified, may result in nonconsideration of the quote. Accordingly, all communication prior to award shall be directed to the Contracting Officer, in writing, at the aforementioned address.
Sealed quotes shall be received on or before the deadline of December 15, 2013, by 2:00pm CST.
Quotes shall be submitted to the following address:
Kelly S. Kelly, Contract Officer 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 in the receptionist's area of the first floor at the address listed above. PLEASE DO NOT SUBMIT QUOTES TO ANY LOCATION OTHER THAN THE ONE LISTED ABOVE. NO FAXED COPIES OF QUOTES WILL BE RECEIVED.
(Quotes received after the quote deadline will be handled in accordance with FAR 52.212-l(f).)
Please place any questions you may have in writing and fax them to {972) 352-4545 to my attention or email at k1kelly@bop.gov. We will consider all questions received and provide responses, where appropriate.
If you have any other questions, please feel free to call me at (972) 352-4540.
Sincerely, lly, Contract Officer Federal Bureau of Prisons Field Acquisition Office
Enclosure
RFQP04061400001 Page
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER pMB Clearance Conlrol Number.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23,24 & 30 1103-0018
2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE DATE
RFQP0406140000 I 12/04/2013
a. NAME b. TELEPHONE NUMBER (No collect calls) B. OFFER DUE DATE I LOCAL
7. FOR SOLICITATION TIME
INFORMATION CALL: Kelly S. Kelly 9723524540 12/15/2013 14:00:00
9. 1SSUED BY CODE I BFAO 10. THE ACQUISITION IS 0 UNRESTRICTED OR D SET ASIDE: % FOR
Federal Bureau of Prisons D SMALL BUSINESS D WOMEN.QWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN.OWNED
·Field Acquisition Office D HUBZONE SMALL
SMALL BUSINESS PROGRAM
NAICS: 311812
U.S. Armed Forces Reserve Complex BUSINESS D EDWOSB
346 Marine Forces Drive D SERVICE·DISABLED SIZE STANDARD: E04 VETERAN.QWNED D B(A) Grand Prairie, TX 75051 SMALL BUSINESS
11. DELIVERY FOR FOB DESTINATION 12. DISCOUNT TERMS 13b. RATING
UNLESS BLOCK IS MARKED
13a. THIS CONTRACT IS A
NET30 D RATED ORDER UNDER DPAS D SEE (15 CFR 700) 4. METHOD OF SOLICITATION
SCHEDULE [8] RFQ D IFB D RFP
15. DELIVER TO CODE BFLX 16. ADMINISTERED BY CODE BFLX
Federal Bureau of Prisons Federal Bureau of Prisons FCC Florence FCC Florence
ATTN: USP- FINANCIAL MANAGEMENT ATTN: USP - FINANCIAL MANAGEMENT
5880 STATE HIGHWAY 67 SOUTH 5880 STATE HIGHWAY 67 SOUTH
FLORENCE, CO 81226 FLORENCE, CO 81226
17a. CONTRACTOR/ CODE l l FACILITY I 1Ba. PAYMENT WILL BE MADE BY CODE BFLX
OFFEROR CODE
Federal Bureau of Prisons FCC Florence
ATTN: USP- FINANCIAL MANAGEMENT
5880 STATE HIGHWAY 67 SOUTH
FLORENCE, CO 81226
TELEPHONE NO.
D17b. CHECK IF REMIITANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
1Bb. SUBMIT INVOICE~ ADDRESS SHOWN IN BLOCK 1Ba UNLESS BLOCK BELOW IS !cHECKED SEE ADDENDUM
I 19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPUESISERVICES QUANTITY UNIT UNIT PRICE AMOUNT
The Size Standard E04 = 500 Employees.
See Continuation Sheet(s) ( Use Reverse and/or A1taclr Atlditionnf Sheets as Nuessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
~ 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212·1 , 52.21 2·4. FAR 52.212-3 AND 52.212-5 ARE A IT ACHED. ADDENDA ~ ARE BARE NOT A IT ACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. 52.212-5 1S A IT ACHED. ADDENDA ARE ARE NOT A IT ACHED
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
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:
TERMS AND CONDITIONS SPECIFIED
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31 a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINn
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30c. DATE SIGNED 31 b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINn 31c. DATE SIGNED
Kelly Kelly 11/22/2013
STANDARD FORM 1449 (REV. 0212012)
Prescribed by GSA - FAR (48 CFR) 53.212
I
Statement of Work/Specifications
Introduction The Federal Bureau of Prisons, Field Acquisitions Office, Grand Prairie, Texas intends to award a contract for baked goods for the Federal Correctional Complex (FCC), Florence, Colorado combined with the Federal Correctional Institution (FCO) Englewood, Colorado.
Place of Performances All supplies shall be delivered to the following addresses:
Federal Correctional Complex FCC Florence Attn: Central Warehouse 5880 State Highway 67 South Florence, Colorado 81226
Federal Correctional Institution FCI Englewood Attn: Food Service Warehouse 9595 W. Quincy Ave.
Littleton, Colorado, 80123
Delivery Order Information FCC Florence and FCI Englewood shall separately place one order each week for delivery the following Tuesday between 6:30AM and 10:00 AM, excluding Federal Holidays. Additional orders may be required on occasion, on days/times mutually agreed upon between the FCC & FCI and the Contractor.
Invoices All invoices shall be e-mailed to flp/businessoffice@bop.gov (preferred) or mailed to the following address:
USP Florence Attn: Accounts Payable P .0 . Box 7500 Florence, CO 81226-7500
Invoiced shall be emailed to ENG/BusinessOFfice~@bop.gov (preferred) or mailed to the following address:
FCI Englewood Attn : Financial Management 9595 W. Quincy Ave Littleton, CO 80123
Contract Pricing/Schedule of Items and Prices
Contract Pricing Products are required to be provided by the contractor in accordance with specifications set forth in Section A.2.2 of this solicitation.
The quater is required to submit a completed copy of the Schedule of Items. Quotes shall be evaluated for award based solely upon price.
Any resulting contract shall be an indefinite delivery/requirements contract. As such, quantities listed are estimates only and are not a representation to a quater or contractor that the estimated quantities will be required or ordered or that conditions affecting requirements will be stable or normal.
Schedule of Items Please complete the following information when preparing your quote for one Base Year.
Base Performance Period: Date of Award through 12 months (anticipated date of award is March 01, 2014).
1. Bread, 100% Whole Wheat and or Multigrain, Day Old, Enriched, Pan Baked, Sandwich Sliced, 1.5 lb/loaf, Loaf Size D; CID A-A-20052B, Type II, Style B, Product State 1, Loaf Size d, Baked Type (I), Shape (b), Sliced Type (I), Enrichment Type (A), Seed Type (2).
163,000 loaves x $ _____ _ per loaf=$ __ _ Tray count __ _
55,000 loaves x $ _____ _ per loaf= $ __ _ Tray count __ _
2. Bread, White, Bun Shaped for Hot .Dogs, Enriched, Pan Baked, Soft, Sliced, 16 per package;
CID A-A 20053B, Type 1, Class of Roll D, Style of Roll1, Bake Type A, Style Type (1), Produce State (a), Seed Type (1).
4900 packages x $ per package = $ _____ _ Tray count __ _
5000 packages x $ per package = $ _____ _ Tray count __ _
3. Bread, White, Bun Shaped for hamburgers, Enriched, Pan Baked, Soft, Sliced, 12 per package; CID A-A 20053B, Type 1, Class of Roll C, Style of Roll 1, Bake Type a, Slice Type (1), Product State (a), Seed Type (1).
26,200 packages x $ per package = $ _____ _ Tray count __ _
12,000 packages x $ per package = $ _____ _ Tray count __ _
4. Rolls, Hoagie, Enriched baked or Not enriched, hearth or pan baked, sliced, 6 per package;
CID A-A 20053B, Type 1, Class of Roll F, Style of Roll 3, Bake Type a, Slice Type (IL Product State (aL Seed type (1).
25AOO packages x $ per package = $ _____ _ Tray count __ _
17,000 packages x $ per package=$ _____ _ Tray count __ _
5. Bun, Kaiser Cut, 4", Enriched Pan baked, round top, sliced, 12 per package; CID A-A 20053B, Type 1, Class of Roll F, Style of Roll 5, Bake Type a, Slice Type (IL Product State (aL Seed type (I).
2600 packages x $ per package = $ _____ _ Tray count __ _
6. Rolls, Dinner, enriched or not enriched, 24 per package; CID A-A 20053B, Type 1, Class of Roll E, Style of Roll1, Bake Type a, Slice Type (IL Product State (a), Seed type (1).
2500 packages x $ per loaf= $ _____ _ Tray count __ _
3000 packages x $ per loaf= $ _____ _ Tray count __ _
7. Bread, Rye, day old, hearth or pan baked, round top, sliced; CID A-A 20052B, Type 5, Style B, Product State 1, Loaf size a, Baked Type (IL Shape (aL Sliced Type I, Enrichment Type (A), Seed type (2).
2100 packages x $ per package = $ _____ _ Tray count __ _
8. Bread, Texas Toast, thick sliced, white enriched, pan baked, 1.5 lb/loaf; CID A-A 200528, Type I, Style C, Produce State 1, Loaf Sized, Bake Type (IL Shape (bL Slice Type (1), Enrichment Type (AL Seed Type (2).
17,000 loaves x $ per loaf= $ _____ _ Tray count __ _
9. Bread, 100% Whole wheat and/or Multi-grain, 20oz loaf, sliced, must be certified in package to be AKosher, Pareve:=.
2600 loaves x $ per package = $ _____ _ Tray count __ _
700 loaves x $ per package = $. _____ _ Tray count __ _
BASE PERFORMANCE PERIOD TOTAL=$ _____ _
ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions- Commercial Items (Feb 2012)
The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.
Clauses By Reference
52.252-2 CLAUSES INCORPORATED BY REFERENCE (Feb 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.
Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.govLfar
Clause Title
52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010)
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)
52.204-13 System for Award Management Maintenance (Jul 2013)
52.212-4 Contract Terms and Conditions- Commercial Items (Sept 2013)
52.232-18 Availability of Funds (Apr 1984)
52.247-34 F.O.B. Destination (Nov 1991)
52.242-13 Bankruptcy (Jul1995)
52.253-1 Computer Generated Forms (Jan 1991)
Clauses by Full Text
52.211-16 Variation in Quantity (Apr 1985)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task As prescribed in 11.703(a), insert the following clause:
VARIATION IN QUANTITY (APR 1984)
(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.
(b) The permissible variation shall be limited to:
5 Percent increase 5 Percent decrease
This increase or decrease shall apply to each individual line item.*
(End of clause)
52.216-18 Ordering (Oct 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the first day of the current performance period through the last day of the current performance period.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail.
Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
(End of Clause)
52.216-19 Order Limitations {Oct 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $50, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
{b) Maximum order. The Contractor is not obligated to honor--
{1) Any order for a single item in excess of the estimated quantities identified in the Schedule of Items within the current performance period;
(2) Any order for a combination of items in excess of the estimated quantities identified in the Schedule of Items 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)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition 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 if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.
(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the 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 if the 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)
52.232-99 Providing Accelerated Payments to Small Business Subcontractors (Aug 2012)(Deviation)
This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.
(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.
(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.
(c) The accelerated payments under this clause does not provide any new rights under the Prompt Payment Act.
(End of Clause)
52.242.1502 Evaluation of Contractor Performance Utilizing CPARS (Apr 2011)
The services, although not directly supervised, shall be reviewed by the Federal Bureau of Prisons (BOP) staff to ensure contract compliance. The contractor's performance will be evaluated in accordance with FAR 42.15. Contractor monitoring reports will be prepared by the Contracting Officer's Representative (COR) and maintained in the file.
In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit to the Past Performance Information Retrieval System (PPIRS). 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 and e-mail from the Focal Point thru the following website address webptsmh@navy.mil when the contractor 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 of any Justice Acquisition Regulation (48 CFR Chapter 28) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" 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 (DEC 2013)
(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 .222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
_Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)) .
(2) 52.233-3, Protest After Award (AuG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being 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) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).
XX (2) 52 .203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31
U.S.C. 6101 note). • _ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5).
XX (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).
XX (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
XX (8) 52 .209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section
745 of Division D of Pub. L. 110-161).
_ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
_ (10) 52 .219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a) .
_ (11) [Reserved] _ (12)(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).
_ (13)(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 (14) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)).
_ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (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 (Jul 2010) of 52.219-9.
_ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).
XX (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
_ (18) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
_ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Ocr 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer) .
_ (ii) Alternate I (June 2003) of 52.219-23.
_ (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
_ (21) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
_ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).
_ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
_ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).
_ (25) 52 .219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).
XX {26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
_ (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).
XX (28) 52 .222-21, Prohibition of Segregated Facilities (Feb 1999).
XX (29) 52.222-26, Equal Opportunity {Mar 2007) (E .O. 11246).
XX (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).
XX (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
XX (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212) .
XX (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_ (34) 52.222-54, Employment Eligibility Verification (JUL 2012). (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) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEc 2007) (42 U.S.C. 8259b).
_ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007)
(E.O. 13423).
(ii) Alternate I (DEC 2007) of 52.223-16.
XX {38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).
_ (39) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d).
_ (40)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (Nov 2012) {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 (Mar 2012) of 52.225-3.
_(iii) Alternate II (Mar 2012) of 52.225-3.
_ (iv) Alternate Ill (Nov 2012) of 52.225-3.
_ {41) 52.225-5, Trade Agreements (SEPT 2013) {19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_ (42) 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).
_ {43) 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).
_ (44) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150) .
_ {45) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
_ (46) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) {41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
_ (47) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(fl).
XX {48) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332).
_ (49) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 u.s.c. 3332) .
_(SO) 52 .232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332) .
_(51) 52 .239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a) .
_ (52)(i) 52.247-64, Preference for Privately Owned U.S.-Fiag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
_ (ii) Alternate I (Apr 2003) of 52 .247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.] _ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) {41 U.S.C. 351, et seq.).
_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
_ (3) 52 .222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
_ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
_ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 351, et seq.).
_ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services Requirements (Feb 2009) (41 U.S.C. 351, et seq.).
_ (7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.0.13495).
_ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).
_ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records 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) ofthis 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 (Apr 2010) {Pub. L. 110-252, Title VI, Chapter 1 {41 U.S.C.
251 note)) .
(ii) 52.219-8, Utilization of Small Business Concerns (Jul2013) {15 U.S.C. 637(d)(2) and {3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 {$1.5 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 (JAN 2013) (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 (Sep 2010) {38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) {29 U.S.C. 793) .
(vii) 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.
(viii) 52.222-41, Service Contract Act of 1965 {Nov 2007) {41 U.S.C. 351, et seq.) .
(ix) 52.222-50, Combating Trafficking in Persons {Feb 2009) {22 U.S.C. 7104(g)) .
_Alternate I (Aug 2007) of 52.222-50 {22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) {41 U.S.C. 351, et seq.).
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) {41 U.S.C. 351, et seq.).
(xii) 52.222-54, Employment Eligibility Verification (JuL 2012).
(xiii) 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).
(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations {Mar 2009) {Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xv) 52.247-64, Preference for Privately Owned U.S.-Fiag Commercial Vessels {Feb 2006) {46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
{2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
List of Attachments
Exhibits and Attachments Identifier Title Number of
Pages 1 Business Management Questionnaire 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 January 1, 2014 with an anticipated effective date of award of March 1, 2014. The resulting contract will be a 12 month base year period from the effective date of award (EDOA).
Payment
Payments will be denied when such supplies do not support the charges or if the supplies is deemed not necessary or appropriate. Such determinations may be made by the Contracting Officer or COR, whichever is appropriate. All records shall be subject to review by the Contracting Officer or other delegated representatives of the BOP.
Performance The periods of performance of the resulting contract shall be as follows:
Base Year: Effective date of award (EDOA) through 12 months from EDOA
The Contractor shall commence full performance of the products ordered under this contract on the date of award of the contract. In accordance with FAR 46.503 and 46.403(a) (6), the place of acceptance for supplies under this contract is at the destination of the FCC Florence and FCI Englewood, CO.
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 FCC Florence & FCI Englewood, with an appropriate certificate of appointment. Each delivery order will identify the supplies scheduled for that period.
Solicitation Provisions
The terms and conditions for the following provisions are hereby incorporated into this solicitation as an addendum to FAR provision 52.212-1.
Provisions By Reference
52.252·1 SOUCITATION PROVISIONS INCORPORATED BY REFERENCE (Feb 1998)
This contract incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The quoter is cautioned that the listed provisions may include blocks that must be completed by the quoter and submitted with its quotation. In lieu of submitting the full text of those provisions, the quoter may identify the provision by the paragraph identifier and provide the appropriate information with its quotation. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.arnet.gov/far
Clause Title
52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sept 2007)
52.204-7 System for Award Management (JUL 2013)
52.212-1 Instructions to Offerors- Commercial Items (Feb 2012)
Provisions by Full Text
Addendum to FAR 52.212-1, Instructions to Offerors-Commercialltems (Feb 2012)
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.
I
At paragraph (c) "Period for Acceptance of Offers," the amount of time the quoter agrees to hold the prices in its quote firm is changed to 120 calendar days from the date specified for receipt of quotes.
At paragraph (h) "Multiple Awards," 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 Quotations shall be submitted on or before the solicitation deadline specified in Block 8 of the Standard Form 1449, page 1 of this solicitation. Quotes shall be submitted to the following address:
Kelly S. Kelly, 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 quotations. The official point of receipt for hand-carried quotations will be at the first floor reception area of the address listed above. Quotations received after the quote deadline will be handled in accordance with FAR 52.212-1{f).
Each quater shall complete and submit the following forms, clauses, and statements with his/her quotation. Failure to do so may cause your quotation to be considered unacceptable.
1. Standard Form 1449
2. Schedule of Items/Contract Pricing
3. Business Management Questionnaire
4. Subcontract Certification
5. Offeror's Representations and Certifications
All potential quoters are advised that this solicitation includes the clause at FAR 52.212-4 Contract Terms and Conditions- Commercial Items (Aug 2013) which at paragraph (t), Central Contractor Registration (CCR), requires all contractors doing business with the Federal Government after to be registered in the System for Award Management (SAM) database. Quoters should include their Data Universal Number System (DUNS) number in their quotations. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardee's DUNS number into the SAM database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award.
Award Methodology This acquisition will be procured in accordance with FAR Part 12- Acquisition of Commercial Items and Part 13- Simplified Acquisition Procedures. The Government intends to make a single award to a quoter, pursuant to an affirmative determination of responsibility, whose quotation, conforming to the solicitation, is determined to be most advantageous to the Government, considering lowest price.
Freedom of Information Act The Freedom of Information Act (FOIA) and its amendments have resulted in an increasing number of requests to Federal Agencies for copies of quotes from other than Government sources.
The quoter should identify information in its quote 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 bid to be exempt under FOIA, ensure the following notice is annotated on the title page of the quote:
Elements of this document, as identified on individual pages, are considered by the submitter to be privileged or confidential trade secrets or commercial or financial information not subject to mandatory disclosure under the Freedom of Information Act. Material considered privileged or confidential on this basis is contained on pages __ .
The quote must annotate each individual item it considers privileged or confidential under the FOIA exemption with the following notice:
The data or information is considered confidential or privileged, and not subject to mandatory disclosure under the
FOIA.
All information in a bidder's quote 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 quater. It is Department of Justice policy to withhold whenever possible material that is genuinely privileged or confidential.
(End of provision)
52.233-2 Service of Protest (Sept 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:
Procurement Executive, Federal Bureau of Prisons320 First Street, N.W., Room 5006Washington, D.C. 20534
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the
GAO.
(End of Provision)
2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)
(a) The following definitions apply in this provision:
(1) "Agency Protest Official" means the official, other than the contracting officer, designated to review and decide procurement protests filed with a contracting activity of the Department of Justice.
(2) "Deciding Official" means the person chosen by the protestor to decide the agency protest; it may be either the Contracting Officer or the Agency Protest Official.
(3) "Interested Party" means an actual or prospective offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract.
(b) A protest filed directly with the Department of Justice must:
(1) Indicate that it is a protest to the agency.
(2) Be filed with the Contracting Officer.
(3) State whether the protestor chooses to have the Contracting Officer or the Agency Protest Official decide the protest. If the protest is silent on this matter, the Contracting Officer will decide the protest.
(4) Indicate whether the protestor prefers to make an oral or written presentation of arguments in support of the protest to the deciding official.
(5) Include the information required by FAR 33.103(d)(2) :
(i) Name, address, facsimile number and telephone number of the protestor.
(ii) Solicitation or contract number.
(iii) Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protestor.
(iv) Copies of relevant documents.
(v) Request for a ruling by the agency.
(vi) Statement as to the form of relief requested .
(vii) All information establishing that the protestor is an interested party for the purpose of filing a protest (vi ii) All information establishing the t imeliness of the protest.
(c) An interested party filing a protest with the Department of Justice has the choice of requesting either that the Contracting Officer or the Agency Protest Official decide the protest.
(d) The decision by the Agency Protest Official is an alternative to a decision by the Contracting Officer. The Agency Protest Official will not consider appeals from the Contracting Officer's decision on an agency protest.
(e) The deciding official must conduct a scheduling conference with the protestor within five (5) days after the protest is filed. The scheduling conference will establish deadlines for oral or written arguments in support of the agency protest and for agency officials to present information in response to the protest issues. The deciding official may hear oral arguments in support of the agency protest at the same time as the scheduling conference, depending on availability of the necessary parties.
(f) Oral conferences may take place either by telephone or in person. Other parties may attend at the discretion of the deciding official.
(g) The protestor has only one opportunity to support or explain the substance of its protest. Department of Justice procedures do not provide for any discovery. The deciding official may request additional information from either the agency or the protestor. The deciding official will resolve the protest through informal presentations or meetings to the maximum extent practicable.
(h) An interested party may represent itself or be represented by legal counsel. The Department of Justice will not reimburse the protester for any legal fees related to the agency protest.
(i) The Department of Justice will stay award or suspend contract performance in accordance with FAR 33.103(f). The stay or suspension, unless over-ridden, remains in effect until the protest is decided, dismissed, or withdrawn.
(j) The deciding official will make a best effort to issue a decision on the protest within twenty (20) days after the filing date. The decision may be oral or written.
(k) The Department of Justice may dismiss or stay proceeding on an agency protest if a protest on the same or similar basis is filed with a protest forum outside the Department of Justice.
(End of Provision)
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 (Aug 2013)
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) ofthis 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-(1) 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…
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