PRESOL | 41 | UNICOR HVAC Replacement - LVRC SF1449 FBO

FBO DAILY ISSUE OF APRIL 18, 2012 FBO #3798
SOLICITATION NOTICE

41 -- UNICOR HVAC Replacement - LVRC SF1449 FBO

Notice Date: 4/16/2012
Notice Type: Combined Synopsis/Solicitation
NAICS: 238220 — Plumbing, Heating, and Air-Conditioning Contractors
Contracting Office: Department of Justice, Federal Prison Industries/UNICOR, Contracting Office/Tallahassee, TALLAHASSE, Florida, United States
ZIP Code: 00000
Solicitation Number: RFQ0002-12
Point of Contact: Darin R. Smith, Phone: 850-878-2173 x 1379, Clara A. Roberts, Phone: 850-878-2173 x 1381
E-Mail Address: darin.smith2@usdoj.gov, clara.roberts2@usdoj.gov
(darin.smith2@usdoj.gov, clara.roberts2@usdoj.gov)
Small Business Set-Aside: N/A
Description: Drawings SF1449 PART I: INFORMATION This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued. The solicitation number is RFQ0002-12 and this solicitation is issued as a Request For Quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-55. The North American Industry Classification System code is 238220. This requirement is unrestricted. UNICOR, Federal Prison Industries, Inc., intends to enter into a firm-fixed-price, definite delivery-definite quantity contract for the following commercial item(s): SCOPE OF WORK FOR PURCHASE AND INSTALLATION OF FIVE HVAC UNITS, FIVE-YEAR PARTS AND LABOR WARRANTY, AND THREE YEAR MAINTENANCE CONTRACT. THE GOVERNMENT ANTICIPATES AN ALL OR NONE AWARD ON THE AGGREGATE TOTAL BASED ON BEST VALUE AFTER EVALUATION OF TRADE-OFF FACTORS. FAILURE TO SUBMIT AN OFFER ON ALL ITEMS MAY PREVENT AN OFFER FROM BEING CONSIDERED FOR AWARD. FPI reserves the right to cancel any portion of this solicitation. QUESTIONS PERTAINING TO THIS SOLICITATION WILL ONLY BE ADDRESSED IN WRITING VIA EMAIL TO: darin.smith2@usdoj.gov. NO PHONE CALLS PLEASE. For a list, description and total quantities of all items, reference Section B. Required delivery shall be 60 calendar days or sooner from effective date of Notice to Proceed. STATEMENT OF WORK - The UNICOR Recycling Factory at the United States Penitentiary in Leavenworth, KS is accepting proposals for the replacement of five roof top HVAC units. - These units vary in size from 5 tons to 16 tons. - Contractor may choose to provide units with hot water coils in units or units with hot water coils installed into ductwork below units - units should include condenser coil hail guards - The work will include disconnecting all hot water pipes, power wiring and control wiring and the removal of old equipment from roof. - The UNICOR Recycling Factory will recover and recycle old equipment. - Contractor shall gasket the top of old curbs and install new adapter curbs, gasket the tops of the new curbs and set the new units; connect existing wiring to new units extending electrical as necessary, reusing the existing thermostats. - Additionally, contractor will reconnect water supply lines from existing piping providing new isolation control valves for each unit, fill the system and check for leaks and insulate new piping. - Access doors for coils in ductwork must be provided - The start up and operation check of new equipment is also expected. - Proposal should include project management, the delivery of materials and new equipment to the job site, and final adjustment and calibration of equipment. - Labor shall be during normal working hours. WORK HOURS / SITE CONDITIONS The contractor is responsible for all labor cost and any overtime will be paid for by the contractor. Work hours will be during normal UNICOR work hours, Monday through Friday, excluding Federal Holidays, unless otherwise specified by the local institution. In the event of weather conditions that present security problems, work will be delayed until the Correctional Services Authority decides the conditions have been cleared. If similar weather conditions arise during the work day, work will stop and all contractor personnel and equipment will be escorted out until conditions have cleared. The contractor must obey all instructions provided by the Institution and strictly adhere to all Institutional security procedures at all times. Best Commercial Customer Category: Contractor agrees that FPI is in the category of the most favored or best commercial customer category of the Contractor and as such, the Contractor will: During the contract period, the Contractor shall report to the Contracting Officer all price reductions offered to the category of customers that are considered by the Contractor to be their most favored or best commercial customer. 1. A price reduction shall apply to purchases under this contract if, after the award date, the Contractor- i) Revises downward its commercial catalog, price list, schedule, etc., to its best commercial customers (or category of customers) below the awarded price under this contract; ii) Grants more favorable discounts or terms and conditions to its best commercial customers than those contained in this contract that would result in prices below the awarded price under this contract, an/or iii) Grants special discounts to its best commercial customer (or category of customers) that would result in prices lower than the awarded price under this contract. 2. The Contractor shall offer the price reduction to FPI with the same effective date, and for the same time period, as extended to the commercial customer (or category of customers). The Contractor may offer the Contracting Officer a voluntary price reduction at any time during the contract period. The Contractor shall notify the Contracting Officer of any price reduction subject to this clause as soon as possible, but not later than 15 calendar days after its effective date. INVOICES ARE TO BE MAILED TO: UNICOR, Federal Prison Industries (LVRC) Central Accounts Payable P.O. Box 4000 Butner, NC 27509-4000 ATTN: Darryl Sharkey, CAP Acct. Supervisor PH: 1-866-550-9823 FX: 1-866-550-9801 **PLEASE INCLUDE THE DELIVERY ORDER NUMBER ON ALL INVOICES TO ENSURE PROMPT PAYMENTS. ALL INVOICES SUBMITTED WITHOUT THE DELIVERY ORDER NUMBER WILL BE RETURNED TO THE VENDOR WITHOUT PAYMENT. The contractor and its personnel are required to comply with the following security requirements: CONTRACTOR'S RESPONSIBILITY It is the responsibility of the Contractor to follow any Special Security Requirements of the facility where the work is performed in the performance of the contract and to consider the effects of those security requirements in the pricing of the proposal. INVESTIGATIVE PROCEDURES for CONTRACTORS, CONSULTANTS, and VOLUNTEERS The Bureau of Prisons (BOP) policies regarding investigative procedures for contractors and consultants are set forth in Program Statement (P.S.) 3000.02, Human Resource Management (HRM) Manual and P.S. 4100.03, Bureau of Prisons Acquisition Policy (BPAP). In particular, the HRM Manual requires detailed security procedures for all individual contractors including contractors performing pursuant to any purchase order or any purchase card transaction, for which the period of performance is equal to or in excess of 30 days. Additionally, the policy is applicable whenever a contractor is performing pursuant to more than one purchase order or more than one purchase card transaction, for which the periods of performance, when combined, are equal to or exceed 30 days. The requirements of the HRM Manual, Part 731.2 and BPAP Part 37, for implementing such procedures for individual contractors for periods of service exceeding 30 days include: Procedures Implemented by Human Resource Staff: National Crime Information Center (NCIC) Check Name Check Procedures Implemented by Program Manager: FD-258 Fingerprint Check Law Enforcement Agency Checks Completed Contractor Pre-employment Form Release of Information Prior to award, the Contracting Officer shall also obtain from the Personnel Officer or the appropriate Cost Center Manager, written assurance that investigative procedures have been completed for contracts awarded to individuals. For contracts awarded to companies, this written assurance must be received prior to the contractor beginning performance. The HRM Manual, Part 731.2 states if the contractor is a company providing construction or maintenance services, all of the above procedures are required except for vouchering, urinalysis testing and law enforcement agency checks, however, the contractors employees must be closely supervised by institution staff. DEPARTMENT OF JUSTICE CONTRACTOR RESIDENCY REQUIREMENT The residency requirement applies to both individuals and employees of companies providing services to the Federal Bureau of Prisons. For three of the five years immediately prior to submission of your offer/bid/quote, individuals or contractor employees providing services to any Federal Bureau of Prisons facility must have: 1. 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. PART II: FAR CLAUSES 52.212-4(t), Contract Terms and Conditions - Commercial Items. Effective October 1, 2003, ALL contractors MUST be registered on the Central Contractor Registration (CCR) and must remain registered through final payment on the contract. For additional information and to register, go to www.ccr.gov. Offerors responding to this solicitation must be registered on CCR for their offers to be considered for award. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. As prescribed in 12.301(b)(4), insert the following clause: Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2012) (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.] __ (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). __ (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.) _X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (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). _X (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note). __ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jan 2012) (41 U.S.C. 2313). __ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (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. __ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). __ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (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 III (Jul 2010) of 52.219-9. __ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). __ (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 (OCT 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 (Dec 2010) (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). _X (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). __ (24) 52.219-29 Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business Concerns (Nov 2011). __ (25) 52.219-30 Notice of Set-Aside for Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Nov 2011). _X (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126). _X (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). _X (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) 29 U.S.C. 793). _X (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). __ (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 (JAN 2009). (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. _X (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). _X (40)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138). __ (ii) Alternate I (Jan 2004) of 52.225-3. __ (iii) Alternate II (Jan 2004) of 52.225-3. __ (41) 52.225-5, Trade Agreements (NOV 2011) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X (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) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (45) 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)). __ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). __ (48) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). __ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). __ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (51)(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.] _X (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). _X (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) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). __ (8) 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) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (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 (Dec 2010) (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) [Reserved] (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 (JAN 2009). (xiii) 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. (xiv) 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). 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) Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause." Alternate II (Dec 2010). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows: (d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to- (i) Examine any of the Contractor's or any subcontractors' records that pertain to, and involve transactions relating to, this contract; and (ii) Interview any officer or employee regarding such transactions. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than- (i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and (ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (A) 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)). (B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (C) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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. (D) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (E) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (F) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (G) 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. (H) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (I) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). (J) 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.). (K) 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.). (L) 52.222-54, Employment Eligibility Verification (Jan 2009). (M) 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. (N) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. 52.223-5, Pollution Prevention and Right-to-Know Information 52.247-34, F.O.B. Destination, shall be FOB destination to: UNICOR, Federal Prison Industries, Inc. USP Leavenworth 1300 Metropolitan Avenue Leavenworth, KS 66048 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.acquisition.gov__________________ _____________________________________________ 52.252-6 Authorized Deviations in Clauses (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any _____. (48 CFR _____) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. JAR 2852.201-70 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR) (a) TBA, is hereby designated to act as Contracting Officer's Technical Representative (COTR) under this contract. (b) The COTR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract 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 payments. (c) The COTR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes in writing and signed. PART III: FAR PROVISIONS 52.212-1, Instructions to Offerors - Commercial Items; 52.212-2, Evaluation - Commercial Items, significant evaluation factors are (a) past performance, (b) price and price related factors and (c) technical factors (see Construction Aspects below). Past performance and technical factors will be weighted equally but significantly more important than price and price related factors; On-time delivery, Experian credit report review, quality and customer service will be evaluated under past performance. Technical Evaluation Factors: Construction Aspects: 1. Proposal meets all construction-related requirements of SOW. 2. Consistency of proposal with building structural aspects, BOP technical design requirements, NFPA codes, etc. 52.212-3, Offeror Representations and Certifications - Commercial Items. In accordance with FAR 4.1201(a), prospective contractors shall complete electronic annual representations and certifications at http://orca.bpn.gov in conjunction with required registration in the Central Contractor Registration (CCR) database (see FAR 4.1102). (b) Prospective contractors shall update the representations and certifications submitted to ORCA as necessary, but at least annually, to ensure they are kept current, accurate, and complete. The representations and certifications are effective until one year from date of submission or update to ORCA. To make a change that affects only one solicitation, contractors are required to complete the appropriate sections of FAR 52.212-3(j) or 52.204-8, whichever is included in the solicitation. 52.215-5, Facsimile Proposals (OCT 1997); 52.225-25, Engaging in Sanctioned Activity Relating to Iran - Certification; 52.252-1 Solicitation Provisions Incorporated by Reference. This solicitation 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 offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):www.arnet.gov. PART IV: PROPOSAL SUBMISSION REQUIREMENTS: Each proposal package shall consist of the following completed and signed documents: Signed SF1449 (ALL pages are required), ALL amendments issued, three (3) Business Management Questionnaires (references) with recent and relevant contracts for the same or similar items iaw FAR 52.212(b)(10) for past performance evaluation (Do NOT submit UNICOR as a reference; and an ACH form. A completed ACH form must be submitted with each solicitation package prior to contract award. All forms are included and will be downloaded with the solicitation. Vendors shall submit signed and dated proposal package ONLY to: FAX: 352-330-8122 to the attention of Darin R. Smith, Contract Specialist E-MAIL: darin.smith2@usdoj.gov Express mail carriers with delivery to: UNICOR, Federal Prison Industries, 501 Capital Circle, NE, Tallahassee, FL 32301, Attn: Darin R. Smith No hand delivered mail will be accepted at this time due to security precautions. Offers should be submitted on the SF1449. The date and time for receipt of proposals is THURSDAY, APRIL 19, 2012 at 2:00 PM Eastern Standard Time. Offer must indicate Solicitation No. RFQ0002-12, time specified for receipt of offer, name, address and telephone number of offeror, technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation, terms of any expressed warranty, price and any discount terms. Offer must include signed acknowledgment of all amendments, if any. Please note that all offers that fail to furnish required representations and certifications or past performance information or reject the terms and conditions of the solicitation may be excluded from consideration. The Government may make award without discussions; therefore, the offeror's initial offer should contain its best pricing. An award will be made based upon best value to the Government with past performance and technical factors weighted equally, but significantly more inmport than price and price-related factors. On-time delivery, Experian credit report review, quality and customer service will be evaluated under past performance. Any amendments hereby issued to this solicitation shall be synopsized in the same manner as this solicitation and must be acknowledged by each offeror. Offeror must hold prices firm for 60 calendar days from the date specified for receipt of offers. Offers or modifications to offers received at the address specified for the receipt of offers after the exact time specified may not be considered. All FAR forms, clauses and provisions necessary to submit an offer may be accessed at the following web site: http://acquisition.gov/far. Questions regarding this requirement may be addressed in writing to Darin Smith, at darin.smith2@usdoj.gov.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/DOJ/FPI-UNICOR/YAZ/RFQ0002-12/listing.html)
Place of Performance: Address: UNICOR Recycling Factory, Leavenworth, Kansas, 66048, United States; Zip Code: 66048
Record: SN02723110-W 20120418/120416235049-7adb50d621f4c8bd7e20b2c02db1e10a (fbodaily.com)
Source: FedBizOpps Link to This Notice
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