FBODaily.com | FedBizOpps: PRESOL | V | Bus Transportattion for National Institute of Corrections - Statement of Work

FBO DAILY - FEDBIZOPPS ISSUE OF JULY 12, 2015 FBO #4979
SOLICITATION NOTICE

V -- Bus Transportattion for National Institute of Corrections - Statement of Work

Notice Date: 7/10/2015
Notice Type: Combined Synopsis/Solicitation
NAICS: 485510 — Charter Bus Industry
Contracting Office: Department of Justice, Bureau of Prisons, Acquisitions Branch, 320 First Street, NW, Washington, District of Columbia, 20534
ZIP Code: 20534
Solicitation Number: RFPP0700NAS150485
Archive Date: 9/1/2015
Point of Contact: Laurence Faytaren, Phone: 202-616-6150, Kathleen M. Cannon, Phone: 2026166150
E-Mail Address: lfaytaren@bop.gov, k1cannon@bop.gov
(lfaytaren@bop.gov, k1cannon@bop.gov)
Small Business Set-Aside: Total Small Business
Description: Attachment VI Attachment V Attachment IV Attachment III Attachment II Attachment I This is a combined synopsis/solicitation for commercial items in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation and proposal are being requested and a written solicitation will not be issued. The solicitation number is RFPP0700NAS150485 and is issued as a Request for Proposal (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Regulation Circular 2005-82. The procurement is total small business set-aside. The North American Industrial Classification (NAICS) code is 485510 and the size standard is $15.0 million. All responsible sources shall submit a capability statement and proposal which shall be considered by the agency. This is a Indefinite-Delivery, Requirements contract. Each unit price shall be a Firm Fixed Price. The government will modify the contract for an Economic Price Adjustment only when the Rocky Mountain PADD 4 Diesel price increases or decreases by 10%. The quantities identified for each period are estimates and may vary, depending on circumstances of training schedules. The contractor will be paid only for the actual number of round trip transportation. The Bureau reserves the unilateral right to exercise any and/or all options. This solicitation indicates that, solely for the purpose of the EPA, fuel represents about 15% of CLIN price. The initial reference point is U.S. Energy Information Administration (eia) for Rocky Mountain PADD 4 Diesel retail prices on the effective date of contract award, EPA applies only if fuel prices change is +/- 10% and Government will allow EPA to be exercised only at the time of annual task orders. The link to eia is http://www.eia.gov/petroleum. Award will be made to the offeror who offers the Lowest Priced Technically Acceptable (LPTA). The technical proposal must address all aspects of the SOW in order to be acceptable. The offeror's initial proposal should contain the offeror's best terms from a technical and price standpoint. The government reserves the right may lead to an award without discussions. However, the Government may reserves the right to conduct discussions if later determined by the contracting officer to be necessary. The period of performance: Base Year: Date of Award through 12 months First Option Year: 13 months through 24 months Second Option Year: 25 months through 36 months Third Option Year: 37 months through 48 months Fourth Option Year: 49 months through 60 months The Statement of Work (Attachment I) provides descriptions of the required service with quantity estimates. National Acquisitions Section, Washington DC intends to make a single award of Indefinite-Delivery, Requirements contract and each unit price shall be a Firm Fixed Price Offerors shall separately price each line item on the Pricing Schedule. Price/ Schedule Line Item Description Estimated Unit Price Round Trip Quantity 0001 Base Year Round trip transportation from a hotel, estimated at Round trip 30 miles to 11900 E. Cornell Ave., Aurora, CO 80014. 55 Passenger coach Bus Date of Award to through 12 months 180 Round Trip $ 0002 Base Year Round trip transportation from a hotel, estimated at round trip 30 miles to 11900 E. Cornell Ave., Aurora, CO 80014. 21 Passenger Coach Bus Date of Award through 12 months 70 Round Trip $ 0003 1st Option Year Round trip transportation from a hotel, estimated at round trip 30 miles to 11900 E. Cornell Ave., Aurora, CO 80014. 55 Passenger Coach Bus 13 months through 24 months 180 Round Trip $ 0004 1st Option Year Round trip transportation from a hotel, estimated at 30 miles round trip to 11900 E. Cornell Ave., Aurora, CO 80014. 21 Passengers Coach Bus 13 months through 24 months 70 Round Trip $ 0005 2nd Option Year Round trip transportation from a hotel, estimated at 30 miles round trip to 11900 E. Cornell Ave., Aurora, CO 80014. 55 Passenger Coach Bus 25 months through 36 months 180 Round Trip $ 0006 2nd Option Year Round trip transportation from a hotel, estimated at 30 miles round trip to 11900 E. Cornell Ave., Aurora, CO 80014. 21 Passengers Coach Bus 25 months through 36 months 70 Round Trip $ 0007 3rd Option Year Round trip transportation from a hotel, estimated at 30 miles to 11900 E. Cornell Ave., Aurora, CO 80014. 55 Passenger coach Bus 37 months through 48 months 180 Round Trip $ 0008 3rd Option Year Round trip transportation from a hotel, estimated at 30 miles to 11900 E. Cornell Ave., Aurora, CO 80014. 21 Passengers Coach Bus 37 months through 48 months 70 Round Trip $ 0009 4th Option Year Round trip transportation from a hotel, estimated at 30 miles to 11900 E. Cornell Ave., Aurora, CO 80014. 55 Passenger Coach Bus 49 months through 60 months 180 Round Trip $ 0010 4th Option Year Round trip transportation from a hotel, estimated at 30 miles to 11900 E. Cornell Ave., Aurora, CO 80014. 21 Passengers Coach Bus 49 months through 60 months 70 Round Trip $ Contract Clauses ADDENDUM TO FAR 52.212-4, Contract Term and Conditions-Commercial Items (May 2015) The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4. (MAY 2015). 52.252-2 Clauses incorporated by Reference (MAY 2015) 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(s): www.acquisition.gov/far. Upon request the contracting officer shall provide the full text of any clause incorporated by reference. 52.203-3, Gratuities (APR 1984); 52.212-4, Contract Terms and Conditions-Commercial Items (MAY 2014); 52.232-18, Availability of Funds (APR 1984); 52.242-13, Bankruptcy (JUL 1995); The following clauses although incorporated by reference into the solicitation will incorporated into a resultant contract in full text with applicable fill-in information as noted: 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 2015) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). XX (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] XX (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). XX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note). ___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). ___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (ii) Alternate I (Nov 2011) of 52.219-3. ___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (ii) Alternate I (Jan 2011) of 52.219-4. ___ (13) [Reserved] XX (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). ___ (ii) Alternate I (Nov 2011). ___ (iii) Alternate II (Nov 2011). ___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. XX (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (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 (Oct 2014) 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) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). XX (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). ___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). ___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). ___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). XX (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). XX (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). XX (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). XX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). XX (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). XX (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). XX (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627). ___ (34) 52.222-54, Employment Eligibility Verification (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.) ___ (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) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13. ___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-14. ___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-16. XX (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). ___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). ___ (ii) Alternate I (May 2014) of 52.225-3. ___ (iii) Alternate II (May 2014) of 52.225-3. ___ (iv) Alternate III (May 2014) 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 (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ___ (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). XX (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). XX (50) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (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 (May 2014) (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.] ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) XX (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.). XX (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). XX (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67). ___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658). ___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792) ___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 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) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). (ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xiv) 52.222-54, Employment Eligibility Verification (Aug 2013). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 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) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. This Statement is for Information Only: It is not a Wage Determination Employee Class Monetary Wage -- Fringe Benefits Bus Driver 15.89 (End of Clause) 52.216-18, Ordering (OCT 1995), (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the first day of effective performance period through the last day of the effective performance period. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. 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 line item, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor -- (1) Any order for a single item in excess of the estimated quantities identified in the Scheduled of items within the current performance period; (2) Any order for a combination of items in excess of the estimated quantities identified in the Schedule of Items within the current performance period; or (3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of Clause) 52.216-21, Requirements (Oct 1995); (a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated'' or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. (d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. (e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source. (f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the last day of the effective performance period. (End of Clause) 52.217-8, Option to Extend Services (NOV 1999); The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor prior to the expiration of the current performance period. (End of Clause) 52.217-9, Option to Extend the Term of the Contract (Mar 2000); (a) The Government may extend the term of this contract by written notice to the Contractor within prior to expiration of the current performance period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years. (End of Clause) Continuing Contract Performance During a Pandemic Influenza or other National Emergency (MAY 2008) During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absenteeism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods. The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce. Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation. The types of actions a federal contractor should reasonably take to help ensure performance are: Encourage employees to get inoculations or follow other preventive measures as advised by the public health service. Contractors should cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services where telework is not an option. • Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful remote work in an emergency. • Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency. Establish communication processes to notify employees of activation of this plan. • Integrate pandemic health crisis response expectations into telework agreements. With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period). Security concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropriate. • Determine how all employees who may telework will communicate with one another and with management to accomplish work. Practice telework regularly to ensure effectiveness. • Make it clear that in emergency situations, employees must perform all duties assigned by management, even if they are outside usual or customary duties. • Identify how time and attendance will be maintained. It is the contractor's responsibility to advise the government contracting officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the contracting officer or in his/her absence, another responsible person in the contracting office via telephone or email messages acknowledging the contractors notification. The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations. (End of Clause) Evaluation of Contractor Performance Utilizing CPARS (April 2011) The services, although not directly supervised, shall be reviewed by Federal Bureau of Prisons (Bureau) staff to ensure contract compliance. The contractor's performance will be evaluated in accordance with FAR 42.15. Contract monitoring reports will be prepared by the Contracting Officer's Representative (COR) and maintained in the contract file. In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit it to the Part Performance Information Retrieval System (PPIRS). The Bureau utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to provide contractor performance evaluations. The contractor shall provide and maintain a current e-mail address throughout the life of the contract. The contractor will receive an e-mail from the Focal Point thru the following website address webptsmh@navy.mil when the contractor is registered in CPARS. The e-mail will contain a "user ID" and temporary password to register in the CPARS system. The contractor must be registered to access and review its evaluation and/or provide a response. If assistance is required when registering, please contact the Contracting Staff/Focal Point. (End of Clause) Contracting Officer Representative (COR) 52.21-603-70 (JUN 2012), a) COR will be appointed upon award of this contract. b) The COR is responsible, as applicable for: inspecting and accepting the services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contractor effort; fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the services furnished for payment. c) The COR does not have the authority to alter the contractor's obligations under the contract, and /or modify any of the expressed terms, conditions, specifications of the agreement. If as a result of technical discussions it is desirable to alter/change contractual obligations or Scope of Work, the Contracting Officer shall issue such changes. (End of Clause) SOLICITATION PROVISIONS: ADDENDUM TO FAR 52.212-1, Instructions to Offerors -Commercial Items (FEB 2012) The terms and conditions for the following provisions are hereby incorporated into this solicitation as an addendum to FAR provision 52.212-1. 52.252-1, Solicitation Provisions Incorporated by Reference (FEB 1998) 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.acquisition.gov/far 52.212-1, Instructions to Offerors-Commercial Items (APR 2014); 52.217-5, Evaluation of Options (JUL 1990); The following provisions are incorporated into the solicitation in full text: 25.209-5, Representation Regarding Felony Conviction under Any Federal Law or Unpaid Delinquent Tax Liability (Deviation 14-01) (November 2013); (a) In accordance with sections 536 and 537 ofthe Commerce, Justice, Science, and Related Agencies Appropriations Act, 2014 (Title II, Division B, Pub. L. 113-76), none of the funds made available by that Act may be used to enter into a contract, memorandum of Understanding, or cooperative agreement with a corporation - (1) convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware ofthe conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or (2) that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (b) The offeror represents that, as of the date of this offer- (1) the offeror is [ ]is not [ ]a corporation convicted of a felony criminal violation under any Federal or State law within the preceding 24 months; and, (2) the offeror is [ ] is not [ ] a corporation that has any unpaid Federal or State tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (End of Provision) 52.209-7, Information Regarding Responsibility Matters (JUL 2013) (a) Definitions. As used in this provision- "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means- (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in- (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7). (End of provision) TAILORING: In accordance with FAR 12.302(a), the provision at 52.212-1 is hereby tailored to modify the following elements of the provision. At paragraph c, "Period of Acceptance of Offers", the amount of time the offeror agrees to hold the price s in its offer is changed to 60 days from the date specified for receipt of offers. Delete paragraphs at d, h, and I as they have been determining to be non-applicable to this solicitation. Evaluation of Proposals This acquisition will utilize Lowest Price Technically Acceptable (LPTA) source selection procedures. Technical tradeoffs will not be made and no additional credit will be given for exceeding acceptability. Award will be made to the acceptable Offeror with the lowest evaluated price, which is deemed responsible and whose proposal conforms to the solicitation requirements. The Government reserves the right to award without discussions. Therefore, each initial offer should contain the Offeror's best proposal from a price and technical stand point. However, the Government reserves the right to conduct discussions if determined to be in the Government's best interest by the Source Selection Authority (SSA). The Government intends to select one contractor to provide the transportation services covered herein. However, the Government reserves the right to award no contract, depending on the quality of proposals and prices submitted. The Government may reject any proposal that is evaluated to be unrealistic in terms of program commitments, including contract terms and conditions or unrealistically high or low in price when compared to Government estimates, such that the proposal is deemed to reflect an inherent lack of competence or failure to comprehend the complexity and risks of program. Technical Evaluation Factors The Government will evaluate the factors and subfactors described below: Factor 1 - Technical Acceptability- The technical proposal must address all aspects of the SOW in order to be acceptable. The offeror's technical proposal must convey to the Government that the Offeror is capable, possesses adequate technical expertise and experience, possesses sufficient resources, and is able to plan, organize, and use those resources in a coordinated and timely fashion to meet the needs of the Government. Factor 2 - Price- The offeror's price proposal will be evaluated based upon the total evaluated price. The total evaluated price will be calculated as the sum of the proposed prices for both CLINS and all options. JAR 2852.233-70 Protests Filed Directly with the Department of Justice (JAN 1998) (a)The following definitions apply in this provision: (1) "Agency Protest Official" means the official, other than the contracting officer, designated to review and decide procurement protests filed with a contracting activity of the Department of Justice. (2) "Deciding Official" means the person chosen by the protestor to decide the agency protest; it may be either the Contracting Officer or the Agency Protest Official. (3) "Interested Party" means an actual or prospective offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract. (b) A protest filed directly with the Department of Justice must: (1) Indicate that it is a protest to the agency. (2) Be filed with the Contracting Officer. (3) State whether the protestor chooses to have the Contracting Officer or the Agency Protest Official decide the protest. If the protestor is silent on this matter, the Contracting Officer will decide the protest. (4) Indicate whether the protestor prefers to make an oral or written presentation of arguments in support of the protest to the deciding official. (5) Include the information required by FAR 33.103(d) (2): (i) Name, address, facsimile number and telephone number of the protestor. (ii) Solicitation or contract number. (iii) Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protestor. (iv) Copies of relevant documents. (v) Request for a ruling by the agency. (vi) Statement as to the form of relief requested. (vii) All information establishing that the protestor is an interested party for the purpose of filing a protest. (viii) All information establishing the timeliness of the protest. (c) An interested party filing a protest with the Department of Justice has the choice of requesting either that the Contracting Officer or the Agency Protest Official decide the protest. (d) The decision by the Agency Protest Official is an alternative to a decision by the Contracting Officer. The Agency Protest Official will not consider appeals from the Contracting Officer's decision on an agency protest. (e) The deciding official must conduct a scheduling conference with the protestor within five (5) days after the protest is filed. The scheduling conference will establish deadlines for oral or written arguments in support of the agency protest and for agency officials to present information in response to the protest issues. The deciding official may hear oral arguments in support of the agency protest at the same time as the scheduling conference, depending on availability of the necessary parties. (f) Oral conferences may take place either by telephone or in person. Other parties may attend at the discretion of the deciding official. (g) The protestor has only one opportunity to support or explain the substance of its protest. Department of Justice procedures do not provide for any discovery. The deciding official may request additional information from either the agency or the protestor. The deciding official will resolve the protest through informal presentations or meetings to the maximum extent practicable. (h) An interested party may represent itself or be represented by legal counsel. The Department of Justice will not reimburse the protester for any legal fees related to the agency protest. (i) The Department of Justice will stay award or suspend contract performance in accordance with FAR 33.103(f). The stay or suspension, unless over-ridden, remains in effect until the protest is decided, dismissed, or withdrawn. (j) The deciding official will make a best effort to issue a decision on the protest within twenty (20) days after the filing date. The decision may be oral or written. (k) The Department of Justice may dismiss or stay proceeding on an agency protest if a protest on the same or similar basis is filed with a protest forum outside the Department of Justice. (End of provision) 52.27-103-71 Faith-Based and Community-Based Organization (AUG 2005) Faith-based and Community-based organizations can submit offers/bids/quotations equally with other organizations for contracts for which they are eligible. Additional Contract Requirements: Contractors are advised that the Contracting Officer will verify registration in the Central Contractors Registration database (www.ccr.gov) and the Online Representations and Certifications Application (orca.bpn.gov) prior to award of any contract, by entering the potential awardee DUNS number into each database. Contractors are further advised to mark each individual item within their offer considered privileged or confidential under the Freedom of Information Act with notification that the data is considered confidential and privileged and not subject to mandatory disclosure under the FOIA. Contract Pricing - Contract pricing shall be per unit/round trip of each CLIN identified in the Statement of Work Items (Attachment I) provided. Contract pricing shall include all charges to the Government for the provision of the NIC Transportation services (e.g. overheard, profit, maintenance, etc.). The Government reserves the right to award without discussion; therefore, the contractor's initial proposal should contain the best terms from a price standpoint. Pricing Methodology - The quantity of services to be provided by the contractor is estimated and is 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. Pursuant to FAR 17.203(b), the Government's evaluation of offers shall be inclusive of options. Pursuant to FAR 17.203(d), the offeror may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered. This estimate is not a representative to an offeror or contractor that the estimated quantity will be required or ordered or that conditions affecting requirements will be stable or normal. (FAR 16.503(a) (1)). Ordering Official: Task orders may be issued only by the Contracting Officer, or an Administrative Contracting Officer with an appropriate certificate of appointment. SUBMISSION OF OFFERS: On letterhead or business stationary, the following information is required: 1) The solicitation number; 2) The time specified in the solicitation for receipt of offers; 3) The name, address, and telephone number of the offeror including contractor's DUNS number; 4) A technical description of the items/services being offered in detail to evaluate compliance with the requirements in the solicitation and Statement of Work (Attachment I). 5) "Remit to" address, if different than mailing address; 6) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offer shall complete electronically); Also FAR 52.209-7 Information Regarding Responsibility Matters (FEB 2012) needs completed as applicable; 7) Acknowledge of Solicitation Amendments, if any; 8) In regards to past performance information, please provide the Past Performance Questionnaire (Attachment II) to the three most recent, current or complete contracts and subcontracts occurring during the past five years that are like or similar in nature to the services required in the Statement of Work. Contracts listed may include those entered into with Federal Government, agencies of state and local government and commercial entities. General performance information shall be obtained from the references using the attachment provided. It is the offeror's responsibility to provide the questionnaire to the three contractors to complete and return to the offeror for submittal along with their proposal. 9) The offeror shall also submit the Business Management Questionnaire (Attachment III) and provide the contact information for a financial reference. The offeror shall utilize the Sample Bank Notification Letter provided in Attachment IV, or a similar letter, to send to their bank references. Also, please provide a copy of the letter with your proposal; 10) The offeror must follow the conformance process and identify conformed occupations as stated in Wage Determination No. 2005-2081; 11) Since the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. 12) Proof of compliance with the US Department of Transportation (DOT) Federal Motor Carrier Administration (FMCSA) Safety Rating must be at minimum "satisfactory". (see http://aifmcsa.dot.gov/SMS/ to look up safety ratings). 13) Vehicles United States Department of Transportation (USDOT) Numbers for all vehicles. 14) Pictures of the 55 passenger bus and 21 passenger bus. List of Attachments: Attachment I, Statement of Work and Scheduled Items Attachment II, Past Performance Questionnaire Attachment III, Business Management Questionnaire Attachment IV, Bank Notification Letter Attachment V Additional Instructions Attachment VI Scheduled of Items Proposals may be submitted electronically to lfaytaren@bop.gov or may be received at the following address of the issuing contracting office: Federal Bureau of Prisons, National Acquisitions & Systems Section, 320 First Street, NW, Room 532, Washington, DC 20534. Proposals must be received no later than 1:00 p.m. Eastern time on August 07, 2015. Questions regarding this requirement may be directed in writing to Laurence Faytaren, Contracting Officer, at the e-mail addressed listed in this notice. The Contracting Officer may also be contacted by phone at (202) 616-6150.
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Place of Performance: Address: 11900 E. Cornell Ave., Aurora, Colorado, 80014, United States; Zip Code: 80014
Record: SN03792929-W 20150712/150710234957-69c2946813e2c35bfef3503880344260 (fbodaily.com)
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V -- Bus Transportattion for National Institute of Corrections - Statement of Work