Solicitation.pdf

U.S. Department of Justice

Federal Bureau of Prisons Administration

Division

Field Acquisition Office Grand Prairie, Texas 75051

May 28, 2014

RE: RFQP041114000 11, Asphalt Federal Bureau of Prisons Federal Correctional Institution (FCI) Pekin

Dear Quoter:

This solicitation package has been prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the acquisition of Asphalt. This solicitation contains all necessary information for submitting a quote for evaluation for providing hot mix asphalt to FCI Pekin.

In submitting quotes, quoters should consider all information provid~d herein. Please carefully follow all instructions located in the solicitation package concerning the content, format and submission of quotes.

All potential quoters are advised that this solicitation includes the clause at FAR 52.212-4, Contract Terms and Conditions-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 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.

Sealed quotes shall be received on or before June 3, 2014 at 2:00 pm Central Standard Time. Quotes shall be submitted in writing to the following address:

Federal Bureau of Prisons U.S. Armed Forces Reserve Complex 346 Marine Forces Drive Grand Prairie, Texas 75051 Attn: Thomas Fronk, Contract Specialist

Mailed and hand-carried quotes must be delivered to the Contracting Officer at the address listed above no later than the time specified as the deadline for receipt of quotes. The official point of receipt for hand-carried quotes will be at the first floor reception area of the address listed above. Emailed quotes will be accepted in .pdf format only sent to tfronk@bop.gov and will be deemed received at the time received as indicated on the email notification. Emails rejected by filters are not the responsibility of the government. Please do not submit quotes to any location other than the one listed above. Quotes received after the deadline for receipt of quotes will be handled in accordance with FAR 52.212-l(f). No faxed quotes will be accepted.

Please place any questions you may have in writing and e-mail to tfronk@bop.gov. We will consider all questions received and provide responses where appropriate.

Sincerely, /Is// Thomas Fronk, Contract Specialist Federal Bureau ofPrisons Field Acquisition Office

RFQP04111400011 Page 1 of 25

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER

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

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE DATE

RFQP0411 14000 I I 05/2812014

7. FOR SOLICITATION INFORMATION a. NAME b. TELEPHONE NUMBER (No collect calls) B. OFFER DUE DATE I LOCAL

CALL: TIME

Thomas E. Fronk (0) 972-352-4527 (F) 972-352-4545 o6;J t20I4 c%oo:oo

9. 1SSUED BY CODE I BFAO 10. THE ACQUISITION IS 0 UNRESTRICTED OR D SETASIDE: %FOR

Federal Bureau of Prisons D SMALL BUSINESS D WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

Field Acquisition Office D HUBZONE SMAll

SMALL BUSINESS PROGRAM

NAICS: 324121

U.S. Armed Forces Reserve Complex BUSINESS D EDWOSB

SERVICE-DISABLED SIZE STANDARD: 500 346 Marine Forces Drive D VETERAN-OWNED D Employees Grand Prairie, TX 75051 SMALL BUSINESS 8(A)

11 . DELIVERY FOR FOB DESTINATION 12. DISCOUNT TERMS 13b. RATING

UNLESS BLOCK IS MARKED

D

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

O SEE (15 CFR 700) 14. METHOD OF SOLICITATION

SCHEDULE

[] RFQ D IFB D RFP

15. DELIVER TO CODE BPEK 16. ADMINISTERED BY CODE BPEK

Federal Bureau of Prisons Federal Bureau of Prisons FCI Pekin FCI Pekin

2600 S. 2ND STREET 2600 S. 2ND STREET

Pekin, IL 61554 Pekin, IL 61554

17a. CONTRACTOR/ CODE I I FACILITY I 18a. PAYMENT WILL BE MADE BY CODE BPEK

OFFEROR CODE

Federal Bureau of Prisons FCI Pekin

2600 S. 2ND STREET

Pekin, IL 61554

TELEPHONE NO.

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

OFFER

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

HECKED 0 SEE ADDENDUM

I • 19. 20. 21 . 22. 23. 24.

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

Provide Hot Mix Asphalt, INCLUDING DELIVERY AND TRANSFER, per attached specifications for FCI Pekin.

This will be a "will call order" delivered by the contractor to the site.

The Size Standard = 500 employees

See Continuation Sheet(s) ( Use Rew!rse and/or Atlach Additional SheetJ as Nt.'CesswJ•)

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

~ 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1,52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ~ ARE B ARE NOT ATTACHED D 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. 52.212-51S ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

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

D 29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5)

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, TERMS AND CONDITIONS SPECIFIED. IS ACCEPTED AS TO ITEMS:

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

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

Thomas Fronk

STANDARD FORM 1449 (REV. 0212012)

Prescribed by GSA- FAR (48 CFR) 53.212

_1

RFQP04111400011 Page 2 of 25

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 AUTHORIZED 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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

D coMPLETE 0PARTIAL DFINAL

IPARTIALJ I FINAL

38. S/R ACCOUNT NUMBER 3~~RVOUCHERNUMBER 40. PAID BY

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

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

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/00) 142d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

I

RFQP0411 140001 1 Page 3 of 25

Table of Contents

Description Pa2e Number

Solicitation/Contract Form .......... ... .. ....... ................. ....... .................. ........ ... ... .. .... ....... ... ........ .. ..................... I Commodity or Services Schedule

2.1 Schedule Continued

2.2 Statement ofWork

Contract Clauses

52.2 16-18 Ordering (Oct 1995)

52.2 16-19 Order Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.21-603-70 Contracting Officer's Representative (COR) (June 20 12) 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

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

2004) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) Evaluation of Contractor Perfomance Utilizing CP ARS (Apr20 II)

52.2 12-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Jan 2014)

List of Attachments

4.1 Special Contract Conditions

Solicitation Provisions

5.1 Addendum to FAR 52.212-1 , Instructions to Offerors-Commercial Items

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

52.233-2 Service of Protest (Sept 2006) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)

52.2 12--3 Offeror Representations and Certifications--Commercial Items (Nov 20 13)

RFQP04111400011 Page 4 of 25

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Provide Asphalt, INCLUDING DELIVERY AND TRANSFER, per 2,300.000000 TN $ $ attached specifications for FCI Pekin , Pekin, IL. This will be a "will call order" delivered b{, the contractor to the site. Delivery will take place June 10-13, 20 4.

Base Period

2.1 Schedule Continued

Please complete the above infom1ation when preparing your quote for supply of asphalt. Any resulting contract will be an indefinite delivery/requirements contract. As such, quantities listed are estimates only and are not a representation to an offeror or contractor that the estimated quantities will be required or ordered or that conditions affecting requirements will be stable· or normal (FAR !6.503(a)( I)). Quotes will be evaluated for award based solely .upon price.

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

2.2 Statement of Work

The Federal Correctional Institution (FCI), located in Pekin, IL, intends to make a single award to a responsible entity for the provi sion of Asphalt as set forth in this solicitation/contract. The Government reserves the right to award without discussion and to make a single award. Therefore, each initial quote should contain the best terms form a cost or price standpoint.

Supplies will be delivered the FCI Pekin, 2600 South 2nd Street, Pekin, Illinois 61554. Delivery will begin June I Oth through appx imately June 13th, 2014.

Delivery in 14-25 ton tandem truck and transfer. NO END DUMP TRUCKS ARE ACCEPT ABLE. Delivery of asphalt will be on a "WILL CALL" order delivered by the contractor to the site. DELIVERY SHOULD BE TNCLUDED TN PRICE QUOTED. Times may vary based on external work and access factors.

Description of Supplies: See Attached Statement of Work.

Institution Security:

The Contractor agrees to adhere to all regulations prescribed by institution for safety, custody, and conduct of staff, contract workers, and inmates . The Contractor will be required to undergo a limited background investigation. The Contractor may, at any time, be re moved from the institution at the discretion of the CEO.

RFQP04111400011 Page 5 of 25

Section 3 - Contract Clauses

Clauses By Reference js2.252-2 CLAUSES IN CORPORA TED BY REFERENCE (FEB 1998) rrhis 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.acquisition.gov/far

Clause [Title

~2 . 203--17 Contractor Whistle blower rights and Requirement to Inform Employees of Wistleblower Rights (Sept 2013)

52 .204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

~2.212--4 Contract Terms and Conditions--Commercial Items (Sept 2013)

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

~2 . 228-5 Insurance- Work on a Government Installation (Jan 1997)

~2 . 232-18 Availability Of Funds (Apr 1984)

~2 . 232-40 Providing Accelierated Payment to Small Business Subcontractors (Dec 2013)

~2 .237-2 Protection Of Government Buildings, Equipment, And Vegetation (Apr 1984)

~2.242-13 Bankruptcy (July 1995)

~2 . 253-1 Computer Generated Forms (Jan 1991)

Clauses By Full Text

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 of the effective perfonnance period through the last day of effective performance period.

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

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

(End of clause)

52.216-19 Order Limitations (Oct 1995)

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

RFQP04111400011 Page 6 of 25

(I) Any order for a single item in excess of the estimated quantities identified in the schedule of items within the current perforn1ance period;

(2) Any order for a combination of items in excess of the estimated quantities identified in the schedule of items within the current perfonnance 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 )(I) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limita tions in paragraph (b), unless that order (or orders) is returned to the ordering office within 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 perforn1ance at multiple locations.

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

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

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

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

(End of clause)

52.21-603-70 Contracting Officer's Representative (COR) (June 20 12)

(a)Michael Schone ,Facilties Manager, FCI Pekin,309-346-8588,xl400, is hereby designated as the Contracting Officer's Representat ive (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 con tractor 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 tenns, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contrac tual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

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

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

I. Long-Term Contractor Personnel:

In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 con tractor employee whose background investigation (BI) process begins on or after October 27, 2005 :

a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are

RFQP04111400011 Page 7 of 25 listed in Form I-9, OMB No. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture ID);

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

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

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

• High Risk- Background Investigation (5 year scope)

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

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

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

I) Favorable review of the security questionnaire form;

2) Favorable fingerprint results;

3) Favorable credit report, if required;3

4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level;

and

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

A badge may be issued following approval of the above waiver requirements.

If the NAC is not received within five days of OPM's scheduling date, the badge can be issued based on a favorable review of the Se curity Questionnaire and the Federal Bureau ofinvestigation Criminal History Check (i.e., fingerprint check results).

e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges is sued under these procedures will be suspended or revoked.

2. Short-Term Contractor Personnel:

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

a. Favorable review of the security questionnaire form;

b. Favorable fingerprint results ;

c. Favorable credit report, if required;5 and

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

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

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

3. Intermittent Contractors:

An exception to the above-mentioned short-term requirements would be intem1ittent contractors.

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

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

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

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

e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intennittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year.

4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated BI meeting HSPD-12 and DOJ's BI requirements.

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

Notes:

1. FIPS 201 is available at: www.csrc.nist.gov/publications/fips/fips20 1/FIPS-20 1-022505 .pdf

2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV -I identity proofing process, including initiation and adjudication of the required background investiga tion, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-1 2 implementation (PIV-II) requires badge issuance to all affected long-term contractors.

RFQP04111400011 Page 8 of 25

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

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

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

[End of Clause]

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

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

I. 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 of a Federal or military employee serving overseas.

If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current infonn ation regarding allied countries: http: //www.opm.gov/employ/htmVcitizen.htm By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.

[End of Clause]

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

(a) "Unsafe condition" as used in this clause means the actual or potential exposure of contractor or Government employees to a haz ardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other materi al or working condition designated by the Contracting Officer's Technical Representative (COTR) as potentially hazardous and requir ing 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 pres ence 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 consti tute a dispute under the Disputes clause of this contract.

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

(End of Clause)

Evaluation of Contractor Perfomance Utilizing CPARS (Apr2011)

The services, although not directly supervised, shall be reviewed by Federal Bureau of Prisons (BOP) staff to ensure contract compli ance. The contractor's performance will be evaluated in accordance with FAR 42.15. Contract monitoring reports will be prepared by the Contacting Officer's Technical Representative (COTR) or Contract Monitor (CM) 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 (PPIRS). The BOP utilizes the Department of Defense (DOD) web-based Contractor Perfonnance Assessment Reporting System (CP ARS) 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.milwhen the contract is registered in CPARS. The e-mail will contain a "user ID" and temporary password to register in the CP ARS 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)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -

RFQP04111400011 Page 9 of 25

Commercial Items (Jan 2014)

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

(I) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 71 04(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. I 08-77, 1 08-78).

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

[Contracting Officer check as appropriate.]

_ (I) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and I 0 U.S. C. 2402).

_ (2) 52 .203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter I (41 U.S.C. 251 note)).

_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.).

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul2013) (Pub. L. 109-282) (31 U.S.C. 6101 note) .

_ (5) 52.204-11, American Recovery and Reinvestment Act--Reporting Requirements (Jul 201 0) (Pub. L. 111-5).

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

_ (7) 52 .204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 20 14) (Pub. L. 111-117, section 743 ofDiv. C).

X (8) 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).

_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 20 13) (41 U.S. C. 2313).

_ (1 0) 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 ofPub. L. 111-117, section 743 of Division D of Pub. L. 111 -8, and section 745 of Division D of Pub. L. 110-161).

_ (11) 52.219-3, Notice ofHUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

_ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 20 11) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

_ ( 13) [Reserved]

_ (14)(i) 52.219-6, Notice ofTotal Small Business Set-Aside (Nov 20 11) (15 U.S.C. 644).

_ (ii) Alternate I (Nov 2011).

_ (iii) Alternate II (Nov 2011) .

_ (15)(i) 52.219-7, Notice ofPartial 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 .

RFQP04111400011

_ (16) 52.219-8, Utilization of Small Business Concerns (Jul2013) (15 U.S.C. 637 (d)(2) and (3)).

_ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jul 20 13) (15 D. S.C. 637(d)(4)).

_ (i i) Alternate I (Oct 2001) of 52.219-9.

_ (iii) Alternate II (Oct 2001) of52.219-9.

_ (iv) Alternate III (Jul 201 0) of 52 .219-9.

_ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

_ (20) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

_ (21)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (1 0 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 .

_ (22) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (Jul 20 13) (Pub. L.

I 03-355, section 7102, and 10 U.S.C. 2323).

_ (23) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, sec tion 7102, and 10 U.S.C. 2323).

_ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

X (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jut 20 13) (15 U.S. C. 632(a)(2)).

_ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 20 13) (15 U.S.C. 637(m)).

_ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 20 13) (15 U.S .C. 637(m)).

X (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (29) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

X (30) 52.222-21 , Prohibition of Segregated Facilities (Feb 1999).

X (31) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

X (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

X (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

X (34) 52.222-37, Employment Reports on Veterans, (Sep 201 0) (38 U.S. C. 4212).

X (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 201 0) (E.O. 13496).

_ (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

_ (37)(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.) .

_ (38) 52.223-15, Energy Efficiency in Energy Consuming Products (Dec 2007) (42 U.S.C. 8259b).

RFQP04111400011 Page 11 of 25

_ (39)(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.

X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

_ (41) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. !Oa-lOd).

_ (42)(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 III (Nov 20 12) of 52.225-3.

_ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Of fice of Foreign Assets Control of the Department of the Treasury) .

_ (45) 52.225.26, Contractors Performing Private Security Functions Outside the United States (Jul2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

_ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

_ ( 47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.5150).

_ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), IO U.S.C. 2307(f)) .

_ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), I 0 U.S.C. 2307(f)) .

X (50) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Jul2013)(31 U.S .C. 3332).

_(51) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

_ (52) 52.232-36, Payment by Third Party (Jul2013) (31 U.S.C. 3332).

_(53) 52.239-1 , Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_ (54)(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. ]

_( I) 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.

35! ,et seq.) .

_ (5) 52.222-51 , Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of

RFQP04111400011 Page 12 of 25

Certain Equipment-- Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

_ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Requirements (Feb 2009) (4 1 U.S.C. 351, et seq.).

_ (7) 52.222-17, Non-displacement of Qualified Workers (Jan 2013) (E.O.l3495).

_ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. II 0-247).

_ (9) 52 .23 7-11, 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.

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

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

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

(e)(!) 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 )(I) in a subcontract for commercial items. Unless otherwise indic ated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 20 I 0) (Pub. L. II 0-252, Title VI, Chapter I ( 41 U .S.C. 251 note)) .

(ii) 52.219-8, Utilization of Small Business Concerns (Jul 20 13) (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 oppor tunities.

(iii) 52.222-17, Non-displacement of Qualified Workers (Jan 20 13) (E.O. 13495). Flow down required in accordance with paragraph

(I) ofF AR clause 52.222-17.

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

(v) 52.222-35, Equal Opportunity for Veterans (Sep 20 10) (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 re quired in accordance with paragraph (f) ofF AR clause 52.222-40.

(viii) 52.222-4 1, 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. 71 04(g)).

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

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

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

RFQP04111400011 Page 13 of 25

(xii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiii) 52.225.26, Contractors Performing Private Security Functions Outside the United States (Jul 20 13) Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; I 0 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. 124l(b) and 10 U.S.C.

263 1). Flow down required in accordance with paragraph (d) ofF AR 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)

RFQP04111400011 Page 14 of 25

Section 4 - List of Attachments

Identifier Title Number of Pages

1 Business Management Questionnaire 2 3 Statement of Work 3

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 June 5, 2014 with an anticipated effective date of award of June I 0, 2014.

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

Orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for FCI Pekin with an appropriate certificate of appointment or a delegation of authority for credit card purchases.

Contracting Officer's Representative (COR)

The Contracting Officer will designate in wri ting a COR who shall be responsible for:

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

b) Interpreting the scope of work;

c) Technical evaluation as required;

d) Technical inspection and acceptance;

e) Assisting in the resolution of technical problems encountered by the service provider during contract perforn1ance;

f) Monitoring funds available for obligation;

g) Ensuring that tas~ orders are issued in accordance with appropriate tenns;

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.

Contract Security/Investigative Requirements

The employees of the contractor entering the institution shall meet certain security requirements to receive an institutional pass as re quired by BOP Program Statement 3000.03 dated December 19, 2007. Primary concerns are the amount of contact that may occur between the Contractor and his/her employees with the inmate population during the performance of the contract.

The program manager at the institution is responsible for conducting the appropriate vouchering, law enforcement checks, and ensur ing that fingerprinting is completed on all contractor staff that may need access inside the confines of the secure perimeter. The per sonnel department, will establish a security file that will be maintained on each of the contractor's employees from the beginning of the contract through its duration. The following investigative procedures may be performed:

National Crime Information Center (NCIC) check;

RFQP04111400011 Page 15 of 25

DOJ-99 (name check);

FD-258 (fingerprint check);

Law Enforcement Agency checks;

Youchering of Employers;

Resume/Personal Qualifications;

OPM-329-A (Authority for Release oflnformation);

National Agency Check and Inquiries (NACI) check (if applicable) ; and

Urinalysis (if the test is positive the contractor shall be disqualified from being awarded the contract), By submitting a quotation, the contractor and its employees agree to complete the required documents and undergo the listed proced ures. An individual who does not pass the security clearances wi ll be unable to perform services under the contract. The final determ ination and completion of the security investigation procedures will be made at the sole discretion of the institution. All persons are advised that a urinalysis test for the detection of marijuana and other drug usage shall be performed. Any person(s) testing positive shall be disqualified from performing under the resulting contract. Any individual employed by the contractor deemed not suitable by the BOP requirements will not be granted access to perform services under the contract. This is a condition of the contract. The con tractor must be in compliance with Department of Justice regulations at 8 CFR 274a regarding the employment of aliens. A copy of this directive is available upon the contractor's request.

Schedule of Required Insurance.

As required by FAR clauses 52.228-5 entitled "Insurance-Work on a Government Installation" the Contractor shall, at its own ex pense, provide and maintain during the entire performance of the resulting contract, at least the kinds and minimum amounts of insur ance 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 contract operations are so commingled with a contractor's commer cial operations that it would not be practical to require this coverage. Employer's liability coverage of a least $100,000 shall be re quired, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carri ers . (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 contract, the contractor shall certify to the Contracting Officer in writing that the required insur ance has been obtained.