Final_RFQ_(Combined).pdf

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Pre-TrialandPost-TrialConfinementServices Federal contract opportunity
Solicitation number
W91247-16-T-ROS1
Issued by
Department of the Army Materiel Command Mission and Installation Contracting Command Fort Bragg

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Mission and Installation Contracting Command Center

Building 2-1105, C Stack

Macomb Street

Fort Bragg, North Carolina 29310-5000

Request For Quote

This Mission and Installation Contracting Command Center – Fort Bragg, North Carolina is seeking quotes to perform pre-trial and post-trial confinement services for non-commissioned personnel as identified by the on-site Provost Marshal Office in accordance with the Performance Work Statement as attached herein. In order to be eligible for consideration, each respondent shall provide the following with their quote:

Name of Detention Center:

Physical Address:

DUNS Number:

Cage Code:

Point of Contact:

Contact Information:

Previous Contracts/BPAs with the Government:

Daily Confinement Rate:

Explain how the daily rate was developed (i.e. Federal or State Regulation:

Questions can be directed to Rosalynd Clayton at Rosalynd.d.clayton.civ@mail.mil or at 910 907 5116.

No questions will be responded to after 12:00 (noon) June 21, 2016. Quotes are due via email no later than 9:00 a.m. June 23, 2016, no telephonic quotes will be accepted. Return this page only to Rosalynd

Clayton, Contract Specialist; rosalynd.d.clayton.civ@mail.mil. Thank you for your continued interest in doing business with the United States Army.

mailto:Rosalynd.d.clayton.civ@mail.mil mailto:rosalynd.d.clayton.civ@mail.mil

PERFORMANCE WORK STATEMENT (PWS)

Confinement of Pre/Post Trial Soldiers

1. General: This is a non-personal service requirement to provide Pre/Post Trial confinement of soldiers. The Government shall not exercise any supervision or control over the service providers performing the services herein. As such the service providers shall be accountable solely to the confinement facility who, in turn is responsible to the

Government.

1.1 Description of Services/Introduction: The contractor/confinement center shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, other items and non-personal services necessary to perform Pre/Post Trial

Confinement of Soldiers as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this agreement.

1.2 Background: The Provost Marshal Office (PMO) has been appointed as the focal point for all of Fort Bragg assigned personnel with regards to confinement issues. The

PMO will provide the Contracting Officer’s Representative (COR) for this agreement and the PMO and PMO’s Detention Apprehension Team (DAT) team will be the liaison between Fort Bragg units and the detention centers. The COR for this agreement shall perform all duties as required with regards to invoicing and approval of individuals to be confined including the duration of confinement.

1.3 Objectives: The Detention Centers will provide housing for soldiers that are directed by a Military Magistrate, Judge or Trial Counsel to be placed in Pre/Post trial confinement. All military detainees/prisoners being placed in the detention center will be required to have proper documentation at the time of confinement, which is normally DD

Form 2707 (Confinement Order) and a memorandum signed by either the COR, Fort

Bragg Provost Marshal, Deputy Provost Marshal or the Patrol Captain authorizing confinement and length of confinement. If a memorandum is not presented along with a confinement order signed by a Magistrate, the Contractor must contact the COR, Provost

Marshal, Deputy Provost Marshal or the Patrol Captain directly or contact the Fort Bragg

Military Police desk prior to the detainee/prisoner being in-processed.

1.4 Scope: The purpose of this Blanket Purchase Agreement (BPA) is furnish cells/confinement for temporary confinement of military detainees/prisoners. Services shall be performed in strict compliance with specifications and all provisions, terms and conditions of this Blanket Purchase Agreement and all Federal and State laws, regulations, and court decisions involving incarceration of prisoners.

1.5 Period of Performance: The period of performance is a five (5) year ordering period. The Period of Performance will be:

1 July 2016 – 30 June 2021

1.6 General Information

1.6.1 Place of Performance: The place of performance will be at participating County

Detention Centers that are located in the counties near to Fort Bragg, NC 28310.

1.6.2 Type of Contract: The government will award a Blanket Purchase Agreement

(BPA).

1.6.3 Security Requirements: N/A

1.6.4 Physical Security: N/A

1.6.5 Key Control: N/A

1.6.6 Lock Combinations: N/A

1.6.7 Special Qualifications: The confinement facility must meet all federal and state guidelines with regard to safety and treatment of detainee/prisoners.

1.6.8 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5.

The Contracting Officer, Contracting Officers Representative (COR), and other

Government personnel, as appropriate, may meet periodically with the Contractor to review the contractor's performance. At these meetings, the Contracting Officer will apprise the Contractor of how the Government views the Contractor's performance and the contractor will apprise the Government of problems, if any, being experienced.

Appropriate actions shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.6.9 Contracting Officer Representative: The COR will be identified by separate letter. The COR monitors all technical aspects of the agreement and assists in contract administration. The COR is authorized to perform the following functions:

1. Assures that the Contractor performs the technical requirements of the agreement: perform inspections necessary in connection with contract performance.

2. Maintains written and oral communications with the Contractor concerning technical aspects of the agreement.

3. Issues written interpretations of technical requirements, including Government drawings, designs and specifications.

4. Monitors Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies.

5. Coordinates availability of Government furnished property.

6. Provides site entry of Contractor personnel.

A Letter of Designation shall be issued to the COR and a copy will be sent to the

Contractor stating the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the Blanket Purchase Agreement.

1.6.10 Key Personnel: N/A

1.6.11 Identification of Contractor Employees: N/A

1.6.12 Contractor Travel: N/A

1.6.13 Other Direct Costs : N/A

1.6.14 Data Rights: Data Rights includes but not limited to the Public Distribution of

Photographs of Detained Soldiers. Fort Bragg PMO retains the right to grant permission for the release of any Photographs or other information pertaining to the Detainee.

1.6.15 Phase In/Out Period: N/A

1.7 Visitation

1.7.1 The military detainee/prisoner unit’s Chaplain shall be allowed to visit military personnel confined at the jail. Military Commanders and First Sergeants of military detainee/prisoners shall be authorized visitation privileges at the convenience of the chain of command. Military detainees/prisoners are authorized visitation of immediate family members and/or friends, as determined and established by Detention Center standards.

1.7.2 Pre-trial detainees will be segregated from post-trial (sentenced) prisoners unless waived by the pre-trial detainee. Separate accommodations will be made for female prisoners and prisoners in pretrial status will be segregated by Officer, Noncommissioned officer and Enlisted.

1.7.3 Immediately upon arrival at the jail processing desk, documentation to verify the detainee’s/prisoner’s status, i.e. pre- or post-trial confinement, will be provided along with a memorandum signed by either the COR, Fort Bragg Provost Marshal, Deputy

Provost Marshal or the Patrol Captain authorizing confinement and length of confinement. If a memorandum is not presented along with a signed confinement order from the Magistrate, the County Detention Officer must contact the COR, Provost

Marshal, Deputy Provost Marshal or the Patrol Captain directly or contact the Fort Bragg

Military Police desk prior to the detainee/prisoner being in-processed.

1.7.4 When the military detainees/prisoners are released to Fort Bragg Provost Marshal personnel, or other authorized individuals serving as escorts of the Provost Marshal

Office, neither the Sheriff’s Office nor its personnel will be held responsible or liable for custody or control of those military detainees/prisoners, until such time as they are physically returned to the County Detention Center. Detainees/prisoners custody will be remanded on a DD Form 2708 (Receipt for inmate or Detained Person).

1.7.5 All military detainees/prisoners being placed in the County Detention Center will be required to have proper documentation at the time of confinement, which is normally DD

Form 2707 (Confinement Order) and a memorandum as describe in paragraph 5.1.4.

1.7.6 The Sheriff’s Office agrees to comply with all applicable laws, regulations, and court decisions involving incarceration of prisoners.

1.7.7 Authorized Medical Care: Detainees/prisoners requiring medical treatment will be treated by County Detention Center medical personnel during the hours between 0700-

2300; if further treatment is required, coordination will be made through the County

Detention Center’s Liaison Military Police/Department of the Army Civilian Police

(MP/DACP) with the Fort Bragg Provost Marshal Office for transportation to the appropriate medical facilities on-post. If there is no County Detention Center MP/DACP

Liaison available, coordination will be made with the Fort Bragg MP desk at (910) 396-

0391/0392/0393. During hours when County Detention Center’s medical staff is unavailable, the County Detention Center’s shift supervisor will make a determination for further medical care; request for transportation will be handled as indicated above. In case of emergencies and life or death situations, during clinic hours, all attempts to transport the prisoner to Womack Army Medical Center for further treatment will be made. If not feasible or the life threatening injury is too severe, immediately transport the detainee/prisoner to local hospital; contact the Detention Center Liaison MP/DACP or the

Fort Bragg MP Desk as described above as soon as possible. For emergencies during hours when the clinic is closed, jail personnel will make the determination, along with dispatched EMT personnel on whether the detainee/prisoner can be transported to

Womack Army Medical Center or a local hospital. The notification procedure is the same. Prescriptions will not be provided by the jail.

1.7.8 The Contractor shall furnish the COR the following at the Post Award Conference:

• One voice telephone number

• One E-Mail address

• One fax telephone number

1.7.9 The Contractor shall immediately report any change in any of the telephone numbers or E-Mail address to the COR and the Contracting Officer.

1.7.10 The Government retains the right to modify and/or cancel any given order up to one day prior service being performed at no cost to the government.

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the

U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations.

This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key

Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor.

The Government does not have privity of contract with the subcontractor.

2.1.12. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.12. WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

AFARS Army Federal Acquisition Regulation Supplement

AR Army Regulation

BPA Blanket Purchase Agreement

CFR Code of Federal Regulations

COR Contracting Officer Representative

DA Department of the Army

DACP Department of the Army Civilian Police

DD250 Department of Defense Form 250 (Receiving Report)

DFARS Defense Federal Acquisition Regulation Supplement

DOD Department of Defense

FAR Federal Acquisition Regulation

HIPAA Health Insurance Portability and Accountability Act of 1996

KO Contracting Officer

MP Military Police

OCI Organizational Conflict of Interest

PMO Provost Marshal Office

POC Point of Contact

PRS Performance Requirements Summary

PWS Performance Work Statement

QA Quality Assurance

QAP Quality Assurance Program

QASP Quality Assurance Surveillance Plan

QC Quality Control

QCP Quality Control Program

TE Technical Exhibit

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: The Government will provide Transport of Detainees to and from the confinement facility.

3.2 Facilities: None

3.3 Utilities: None

3.4 Equipment: None

3.5 Materials: The Government will provide the COR for this contract and the PMO

DAT team will act as the coordinator between units and the local jail. The COR for this agreement shall perform all duties as required with regards to invoicing and approval of individuals to be confined and duration of confinement. Also the PMO will provide proper documentation at the time of confinement, which is normally DD Form 2707

(Confinement Order) and a memorandum.

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General : The Contractor shall furnish all equipment/supplies and jail personnel to effectively manage the confinement and day-to-day management of the facility.

The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2 Secret Facility Clearance: N/A.

4.3. Materials: Each detainee/prisoner will have access to shower facilities and a telephone in order to call his/her lawyer, unit chain of command, and family members, as deemed appropriate by jail personnel. Each individual cell shall contain a bunk with bedding and a functional lavatory facility.

4.3.1 Each detainee/prisoner will be provided three meals a day consistent with the standards the jail is required to meet in feeding the civilian prison population.

4.3.2 Each detainee/prisoner will be supplied the basic hygiene items listed below, by the jail, except for items noted by asterisk. These may be purchased by the detainee/prisoner at the jail canteen store or brought to him/her by his/her unit or family member.

BASIC HYGIENE ITEMS:

Razor, safety type

Toilet paper

Toothbrush and toothpaste (tube)

Soap, towel, and washcloth

Shower shoes

Sanitary napkins (Females)

Shaving cream (Males)

Deodorant

4.4. Equipment: The Contractor shall furnish all Equipment/supplies and jail personnel to effectively manage the confinement and day-to-day management of the facility.

5. Specific Tasks:

5.1. Basic Services. The contractor shall provide all equipment/supplies and jail personnel to effectively manage the confinement and day-to-day management of the facility used to house Military Pre/Post trial confinement of Soldiers.

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS): The confinement facility must meet all state and federal guidelines with regard to safety and treatment of detainee/prisoners.

TECHNICAL EXHIBIT 1

Performance Requirements Summary (PRS)

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective

(The Service required—usually a shall statement)

Standard Performance Threshold

(This is the maximum error rate. It could possibly be “Zero deviation from standard”)

Method of

Surveillance

PRS # 1.

The contractor shall provide The contractor shall provide all

Equipment/supplies and jail personnel to effectively manage the confinement and day-to-day management of the facility used to house Military Pre/Post trial confinement of Soldiers.

The confinement facility must meet all federal and state guidelines with regard to safety and treatment of detainee/prisoners.

Zero deviation from federal and state guidelines

Validated

Customer

Complaint

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies Medium/Format Submit To

Invoice listing all

Detainees and the total number of days they were confined

Monthly

E-Mailed Copy

COR: Mr. Terry Meads

E-Mail:

terry.l.meads.civ@mail.mil

TECHNICAL EXHIBIT 3

ESTIMATED WORKLOAD DATA

ITEM

NAME

ESTIMATED QUANTITY

1 Number of Military Detainees per Year ________ 563

Terms and Conditions

1.0 DESCRIPTION OF SUPPLIES/SERVICES AUTHORIZED.

Provide as-needed pre/post trial confinement of Fort Bragg soldiers as defined in the

Performance Work Statement for the duration of the Blanket Purchase Agreement (BPA) ordering period.

2.0 BPA Term and Limitations

2.1 This BPA will have a five (5) year ordering period from 1 July 2016 through 30 June

2021. This BPA will expire 30 June 2021.

2.1.1 The BPA will be reviewed annually by the Administrating Contracting Office to assess

Contractor’s performance and to determine whether this agreement remains in the best interest of the Government.

2.2 The dollar limitation per individual Confinement Order is $50,000.00.

2.2.1 The contractor shall not accept Confinement Orders exceeding the individual

Confinement Order dollar limitation. Confinement Orders placed that exceeds this amount shall not be divided into two or more orders in order to come within the stated dollar limitation.

3.0 Authorized Ordering Officials

3.1 The Contracting Officer Representative or other authorized Government representative, acting within the scope of their appointed authority, are authorized to issue Confinement

Orders to the Detention Centers. The COR or identity and position of the authorized

Government representative issuing the Confinement Orders must be recorded on the contractor’s documentation and/or invoicing document. No other military unit or office on Fort Bragg is authorized to place Confinement Orders against the BPA.

3.2 Warranted Contracting Officers, and their agents, at the Mission and Installation

Contracting Command Center, Fort Bragg, NC may serve as Authorized Ordering

Official for this BPA.

4.0 Pricing

4.1 The Contractor shall provide to the Government prices that are as low as or lower than those charged to their most favored customer for comparable supplies/services under similar terms and conditions. The prices quoted to the Government under this BPA are subject to be compared with the following requirements:

*United States Marshal Service FY 2016 Performance Budget (President’s Prisoner

Detention Appropriation)

4.2 The Government intends to have primary and alternate confinement facilities. The facilities will not compete for Confinement Orders as their initial selections have been made based on interest in doing business with the Government, proximity to the Fort

Bragg’s Provost Marshal Office and availability of bed-space.

4.3.1 The Contracting Officer has determined that the Service Contract Act is not applicable for Calls that may be issued against this BPA.

5.0 Extent of Obligation

The Confinement Order does not obligate any funds. The Confinement Orders are monitored against the ‘spend plan’ to ensure budget money is available to defray confinement charges associated with detention of military detainees. Funds are obligated when an invoice has been received from the Contractor and an authorized BPA Call

Order is issued by the MICC Contracting office to the contractor. The Government is obligated only to the extent of authorized individual purchases actually placed under this

BPA.

6.0 BPA Call Orders

6.1 Call Orders will be placed against the Detention BPA. A BPA Call Order number is a four-digit sequential numeric identifier of each billing placed.

6.2 Responsibility for receiving and processing monthly invoices from contractor under this

BPA is delegated to the COR, specifically appointed in writing to issue Confinement

Orders. This authority may not be re-delegated to any other individual except in writing by the MICC contracting office.

7.0 Call Order Procedures

7.1 As the need for pre/post trial confinement occurs, the COR or authorized Government representative will seek needed confinement space at primary facility. If space is not available at the primary facility, the alternate facility will be contacted to determine availability of needed space. .

7.2 It is the Government’s intent not to have BPA holders compete for BPA Confinement

Orders as proximity and availability are the deciding factors.

7.2.1 Generally speaking, the basis for award will be based on proximity and availability factors, thus qualifying as best value to the government.

7.3 Government Point of Contacts (POC):

* Administration of BPA Call Orders:

MICC Contracting Office (TBD)

Fort Bragg, North Carolina

* Issuing Officers of Confinement Orders

Terry Meads

Phone: (910) 396-4721 or (910) 263-2099 Email: terry.l.meads.civ@mail.mil

8.0 Invoices

8.1 An itemized invoice shall be provided to the COR who placed the Confinement Order for each detainee. The minimum information required for each invoice is as follows:

* Name and address of the Contractor:

* Invoice date and number:

* Number of Confinement Order:

* Name of Detainee:

* Beginning and Ending Confinement Dates:

* Detailed description of Supplies/Services Furnished

(Quantity, Unit Price, and Extension of each item, less any discounts)

(Do not include sales tax. The Federal Gov’t is exempt from paying sales tax.)

* Name and address of official to whom payment is to be made:

* Name, title, and phone number of vendor POC regarding defective invoice(s).

8.2 The COR, the authorized Confinement Order Issuing Officer, is responsible for reviewing the invoice for accuracy, ensuring that payment is properly documented and tracking the contractor’s invoice for timely processing.

9.0 Payment

All payments will be made by the Defense Finance and Accounting Services (DFAS) via

Wide Area Work Flow (WAWF). Payment is due under this BPA upon issuance of a

BPA Call Order Number.

10.0 Exiting or Canceling this BPA

This Blanket Purchase Agreement may be cancelled by either party during the period of performance. The party requesting to cancel this agreement must notify the other party in writing of their intention to cancel the BPA.

Section I - Contract Clauses

CLAUSES

CLAUSES FOR BLANKET PURCHASE AGREEMENT

FAR 52.252-2 Clauses Incorporated By Reference (Feb 1998)

This Blanket Purchase Agreement incorporates the following 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 address: http://acquisition.gov/far/index.html.

Federal Acquisition Regulations (48 CFR Chapter 1) Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

OCT 2015

52.211-11 Liquidated Damages--Supplies, Services, or Research and

Development

SEP 2000

52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015

52.222-3 Convict Labor JUN 2003

52.222-15 Certification of Eligibility MAY 2014

52.222-19 Child Labor -- Cooperation with Authorities and Remedies FEB 2016

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-23 Notice of Requirement for Affirmative Action to Ensure

Equal Employment Opportunity for Construction

FEB 1999

52.222-26 Equal Opportunity APR 2015

52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014

52.222-50 Combating Trafficking in Persons MAR 2015

52.222-53 Exemption from Application of the Service Contract Labor

Standards to Contracts for Certain Services--Requirements

MAY 2014

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.232-1 Payments APR 1984

52.232-11 Extras APR 1984

52.232-36 Payment by Third Party MAY 2014

52.233-1 Disputes MAY 2014

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.242-14 Suspension of Work APR 1984

52.242-15 Stop-Work Order AUG 1989

52.243-1 Changes--Fixed Price AUG 1987

52.243-5 Changes and Changed Conditions APR 1984

52.246-4 Inspection Of Services--Fixed Price AUG 1996

52.249-4 Termination For Convenience Of The Government (Services)

(Short Form)

APR 1984

52.249-8 Default (Fixed-Price Supply & Service) APR 1984

252.211-7003 Item Unique Identification and Valuation DEC 2013

252.225-7012 Preference For Certain Domestic Commodities FEB 2013

252.225-7036 Buy American--Free Trade Agreement--Balance of Payments

Program--Basic (Nov 2014)

NOV 2014

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7006 Wide Area Work Flow Payment Instructions MAY 2013

252.232-7010 Levies on Contract Payments DEC 2006

252.236-7000 Modification Proposals-Price Breakdown DEC 1991

252.247-7023 Alt II Transportation of Supplies by Sea (APR 2014) Alternate II APR 2014 http://acquisition.gov/far/index.html

RFQ - Stand alone
Confinement PWS FINAL
Terms and Conditions
Clauses - Section I

File details come from the government source that posted it. Updated .