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COMMERCE BUSINESS DAILY ISSUE OF AUGUST 26,1998 PSA#2167

Federal Bureau of Prisons, Western Regional Office -- Contracting, 6600 Goodfellow, Dublin, California 94568

S -- CLASS 3 FOOD AND BEVERAGE VENDING SSERVICES FOR THE INMATE POPULATIONS OF MDC LOS ANGELES AND FCI TERMINAL ISLAND, BOTH LOCATED IN THE LOS ANGELES, CA AREA SOL RFQ 279-0003 DUE 091598 POC Patricia Schroeder, (925) 803-4769 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. The solicitation is issued as a Request for Quotation for a "best value procurement": RFQ No. 279-0003. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Regulation Circular 97-06. This procurement is being offered for a best value procurement, under Standard Industrial Classification Code 5962, with a small business size standard of $5.0 million. Services required: coinless vending machine sale of products for the inmate population at the Metropolitan Detention Center, 535 North Alameda Street, Los Angeles, California, also known as "MDC- LA", and the Federal Correctional Institution, 1299 Seaside Avenue, Terminal Island, California, also known as FCI-TI. Debit card specifications for vending operations: a computer peripheral device designed to operate as a debit card system for coinless vending operations will be required. The devise shall be interfaced with IM compatible computers to encode CR-80 high coercivity cards. It shall have the capability to add and subtract value from the cards as required. The system shall utilize an offline read/write card transport that has the capability to interface with all U.S. manufactured vending machines. The device shall use the same connection design as a coin operated mechanism. The device shall also provide the means to supply audit data to the vending system operator. Specifications: Equipment -- Encoder/reader: A device that has the capability to read and write monetary values to CR-80 high coercivity cards. When disconnected from the PC, the Encoder/reader functions as a stand alone read only unit. Size: The device size allows it to fit in commonly used vending machines. Connections: Power: 120 volts AC. Servial Port: Connection at PC COM2, DB9; Hardware compatibility: IBM Compatible; Audit Capability: Ability or provide audit data to vending machine contractor. Card Type: Capable of accepting a 3.375"x2.125" debit card, with a thickness range of .10"-.036". REQUIREMENTS FOR MDC- LA: The contractor shall supply eighteen (18) machines: one (1) snack item and one (1) cup soda dispensing machine for housing unit -- 8 South; and two (2) snack item and two (2) cup soda dispensing machines for housing units: 5 North, 6 North, 7 North, and 9 North. Past history has indicated that restocking will need to be accomplished on Mondays, Wednesdays, and Fridays between the hours of 3:00 a.m. and 6:00 a.m. or as required by theMDC-LA. REQUIREMENTS FOR FCI-TI: The contractor shall supply twelve (12) machines: One (1) can soda drink, one (1) milk, three (3) snack item, one (1) ice-cream, and one (1) hot beverage machine for the North Yard Area. One (1) can soda drink, one (1) milk, one (1) hot beverage machine for Unicor area. One (1) can soda drink and one (1) snack item machine for the South Yard Area. Past history has indicated that restocking will need to be accomplished on a daily basis. Access to the machines will be allowed between the hours of 7:30 a.m. and 6:00 p.m. or as allowed by the FCI-TI. All machines shall be stocked with nationally advertised standard brands of products. Prohibited items include: cigarettes and all other tobacco products; chewing gum; poppy seeds or any product containing poppy seeds; any item containing metal or glass packaging; no fresh fruits. The snack machines shall only carry items such as potato chips, candy bars, mints and cookies; each machine shall carry a granola bar and a trail mix. The contract period shall be for a base year of 12 months with the government's unilateral right of four (4) one-year option periods. Anticipated date of award is October 1, 1998. The contractor shall assume the full risk of and responsibility for any loss, destruction or damage occurring to the vending machines and operation thereof, except such loss or damage as may be attributable to the Bureau of Prisons by reason of the negligence of its employees while acting within the scope of their employment. The contractor shall provide shelf-life dates on vended products and ensure only quality merchandise is available in machines. Quoters are advised to indicate a separate monthly commission percentage rate of the profits that will be given to the MDC-LA and the FCI-TI. Quoters will also indicate a separate monthly guaranteed commission rate for each BOP facility. The Contractor shall pay to the MDC-LA and the FCI-TI the monthly guaranteed commission or the monthly quoted percentage rate of profits, whichever is greater. The contractor will provide accurate accounting of items sold, price, and percentage of commission and/or profits paid on a monthly basis to each institution COTR. Selling prices of snack items shall be from $.40 -- $.65; cold cup beverages 18 oz. shall have a selling price of $.60 -- $.65; hot beverages 8-1/4 oz. shall have a selling price of $.25 -- $.30; cold canned sodas/drinks 12 oz. $.60-$.65; milk/juice 1/3 qt.-$.50-$.60; ice cream $.50-$.55. FAR 52.212-1, Instructions to Offerors -- Commercial Items applies to this acquisition. Addenda to the provision: Period for acceptance of quotes shall be firm for 60 days; multiple awards will not be made; facsimile copies of offers will be accepted at telephone number 925/803- 4812; FAR 52.204-6 Contractor Identification Number -- Data Universal Numbering System (DUNS) Number; FAR 52.237-1 Site Visit are incorporated by reference. . FAR 52.233-2 Service of Protest is added in full text to this solicitation: (a) Protests, as defined in Section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Chief, Procurement and Property Branch, Federal Bureau of Prisons, 320 First Street, N.W., Washington, D.C. 20534. (B) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. U.S. Department of Labor Service Wage Determination/Decision No. 94-2047, Revision 11, dated 7/10/98 applies to this request for quotations for Vending Machine Repairer Helper, Vending Machine Attendant, and Vending Machine Repairer. Method of Performance: The services will be provided in the method considered to be normal in the local community. FAR 52.212-2 Evaluation -- Commercial Items is applicable to this solicitation. Addenda to the provision: The following factors shall be used to evaluate quotes: highest monthly profit percentage quoted and/or highest guaranteed monthly commission quoted, technical ability/capability: proposed regularity of refilling machines, proposed normal service calls, proposed emergency response time for machine repairs, and past performance: number of years in business, attention to quality of merchandise, condition of equipment, reliability of employees, accuracy and promptness of accounting for vended products and payment of monthly commissions/profits, all for a "best value procurement" award. Quoters are advised that sufficient information should be submitted to enable the contracting officer to evaluate quotes based on the above factors. Quoters are advised that this quotation is solicited under the test provisions of FAR 13.500 and all quotations shall be evaluated IAW FAR 13.106-2 for a best value procurement. Evaluations shall be inclusive of option years. Quoters are notified they may offer varying prices for option years. Prospective contractors are advised that they will be escorted at all times by a staff member at each prison facility. Prospective contractors are notified that the following investigative procedures are required for anyone entering the confines of the MDC-LA or the FCI-TI: (1) National CrimeInformation Center (NCIC) check; (2) DOJ-99 (name check); (3) FD-258 (fingerprint check); (4) Law Enforcement Agency checks; (5) Vouchering of Employers over the past five years; (6) Resume/Personal Qualifications; (7) OPM-329-A (Authority for Release of Information); and (8) NACI check if applicable. Each prospective contractor is also advised that a urinalysis test is required (for detection of marijuana and other drug usage) before the contract will be awarded. If the proposed contract is with an individual, and if the test is positive, the proposed contractor shall be disqualified from being awarded the contract. If the proposed contract is with a company and the individual(s) assigned to perform the work test positive, the individual(s) shall be excluded and the proposed contractor shall provide acceptable replacement personnel subject to the same security requirements. The vending service provided is a contractual arrangement and not a personnel appointment; Payment will be based on the provision of anend product or the accomplishment of a specific result; The service does not constitute an employer/employee relationship; and The contractor will not be subject to Government supervision except for security related matters. However, the Contractor's performance shall be closely monitored. The contractor shall assume the full risk of and responsibility for any loss, destruction or damage occurring to the vending machines and operation thereof, except such loss or damage as may be attributable to the Bureau of Prisons by reason of the negligence of its employees while acting within the scope of their employment. Quoters are advised to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with its offer. FAR 52.212-4 Contract Terms and Conditions -- Commercial Items, applies to this acquisition. Addenda to the Clause: The following FAR clauses are incorporated by reference: 52.223-5 Pollution Prevention and Right-to-Know Information; 52.224-1 Privacy Act Notification; 52.224-2 Privacy Act; The contractor will be required to create and operate a system of records to provide accurate accounting of items vended and percentage of profits or guaranteed maximums paid to the MDC-LA and the FCI-TI; 52.237-2 Protection of Government Buildings, Equipment and Vegetation; 52.237-3 Continuity of Services; 52.232-18 Availability of Funds; 52.225-11 Restrictions on Certain Foreign Purchases; FAR 52.228-5, Insurance -- Work on a Government Installation is incorporated by reference. Minimum insurance required for this contract is as follows: (a) Workers' compensation and employer's liability. Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (B) General liability. (1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence. (C) Automobile liability. The contracting officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims. The following FAR clauses provided in full text also apply: 52.217-8 "Option to Extend Services": 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 six months. The Contracting Officer may exercise the option by written notice to the contractor within 15 days of the expiration of the contract year. 52.217-9, "Option to Extend the Term of the Contract": (a) The Government may extend the term of this contract by written notice to the Contractor within 1 day of the ensuing option period provided that the Government shall give the Contractor a preliminary written notice of its intent to extend at least60 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 provision. (C) The total duration of this contract including the exercise of any options under this contract clause shall not exceed 60 months (5 years). Justice Acquisition Regulation (JAR) Clause 2852.279-70, "Contracting Officer's Technical Representative, (COTR)" is hereby incorporated by full text, (a) A COTR will be appointed, with names, addresses, and phone numbers provided at a later date for each facility under this contract. (B) The COTR is responsible 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 services to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the services furnished for payment prior to forwarding the original invoices to the payment office and a confirmed copy to the Contracting Officer. (C) The COTR does not have authority to alter the contractor's obligations under the contract, direct changes that fall within the purview of the General Provisions clause entitled "Changes," and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. Only the Contracting Officer shall sign the modification and issue any changes in writing. FAR Clause 52.212-5, "Contract Terms and Conditions Required to Implement Statues or Executive Order-Commercial Items," applies to this acquisition. Addenda to this clause: The following FAR clauses are incorporated by reference: 52.222-26 Equal Opportunity; 52.222-35 Affirmative Action for Special Disabled and Vietnam Era Veterans; 52.222-36 Affirmative Action for Workers with Disabilities; 52.222-37 Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era; 52.222-41 Service Contract Act of 1965, as Amended (41 U.S.C. 351, et seq.), 52.222-42 Statement of Equivalent Rates for Federal Hires (29 U.S.C., 206 and 41 U.S.C. 351, et seq., 52.222-43 Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). All responsible sources may submit a quotation which will be considered. Send original and one copy to: Federal Bureau of Prisons, Western Regional Contracting Office, 6600 Goodfellow Street, Dublin, California 94568 ATTN: Patricia Schroeder, Procurement Activation Coordinator, by 2:00 p.m., local time, September 15, 1998. For additional information, questions, and availability of forms, please call 925/803-4769. All facsimile communications (FAX's) will be accepted at 925/803-4812***** CC: DOJ/OSDBU Posted 08/24/98 (W-SN241087). (0236)

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