Southeast Regional Office, BOP, Bldg. 2000, 3800 Camp Creek Parkway, SW, Atlanta, GA 30331-5099

J -- ELEVATOR MAINTENANCE SERVICES SOL RFQ 413-0007-0 DUE 112299 POC Rebecca Canfield, Contract Specialist, (678) 686-1413, FAX(678) 686-1448 E-MAIL: bcanfield@bop.gov, bcanfield@bop.gov. (Continuation to SN #396033) 52.212-5, "CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS" (a) The Contractor agrees to comply with the following 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) 52.222-3, Convict Labor (E.O. 11755); and (2) 52.233-3, Protest After Award (31 U.S.C 3553). (b) The Contractor agrees to comply with the FAR clauses in this paragraph (b) which 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 or components: XX(1) 52.203-6, Restrictions on Subcontractor Sales to the Government, with Alternate I (41 U.S.C. 253g and 10 U.S.C. 2402). __(2) 52.219-3, Notice of HUBZone Small Business Set-Aside (Jan 1999). __(3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 1999) (if the offeror elects to waive the preference, it shall so indicate in its offer). __(4)(i) 52.219-5, Very Small Business Set-Aside (Pub. L. 103-403, section 304, Small Business Reauthorization and Amendments Act of 1994). __ (ii) Alternate I to 52.219-5 __ (iii) Alternate II to 52.219-5 XX (5) 52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637 (d)(2) and (3)). __ (6) 52.219-9, Small Business Subcontracting Plan (15 U.S.C. 637 (d)(4)). __ (7) 52.219-14, Limitations on Subcontracting (15 U.S.C. 637(a)(14)). __ (8)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). __ (ii) Alternate I of 52.219-23. __ (9) 52.219-25, Small Disadvantaged Business Participation Program -- Disadvantaged Status and Reporting (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (10) 52.219-26, Small Disadvantaged Business Participation Program -- Incentive Subcontracting (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). XX (11) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). XX (12) 52.222-26, Equal Opportunity (E.O. 11246) XX (13) 52.222-35, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era. (38 U.S.C. 4212). XX (14) 52.222-36, Affirmative Action for Workers with Disabilities (29 U.S.C. 793). XX (15) 52.222-37, Employment Reports on Disabled Veterans and Veterans of the Vietnam Era (DOJ DEVIATION memo dated 01/14/99) (38 U.S.C. 4212). XX (16) 52.225-3, Buy American Act -- Supplies (41 U.S.C. 10). __ (17) 52.225-9, Buy American Act -- Trade Agreements Act -- Balance of Payments Program (41 U.S.C. 10, 19 U.S.C.2501-2582). __ (18) [Reserved.] __ (19) 52.225-18, European Union Sanction for End Products (E.O. 12849). __ (20) 52.225-19, European Union Sanction for Services (E.O. 12849). __ (21) (i) 52.225-21, Buy American Act -- North American Free Trade AgreementImplementation Act -- Balance of Payments Program (41 U.S.C 10, Pub. L. 103-187). __ (ii) Alternate I of 52.225-21. __ (22) 52.232-33, Payment by Electronic Funds Transfer -- Central Contractor Registration (31 U.S.C. 3332). XX (23) 52.232-34, Payment by Electronic Funds Transfer -- Other than Central Contractor Registration (31 U.S.C. 3332). __ (24) 52.232-36, Payment by Third Party (31 U.S.C. 3332). __ (25) 52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a). __ (26) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 1241). (c) The Contractor agrees to comply with the FAR clauses in this paragraph (c), applicable to commercial services, which 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 or components: XX (1) 52.222-41, Service Contract Act of 1965, As amended (41 U.S.C. 351, et seq.). XX (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). XX (3) 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.). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (5) 52.222-47, SCA Minimum Wages and Fringe Benefits Applicable to Successor Contract Pursuant to Predecessor Contractor Collective Bargaining Agreement (CBA) (41 U.S.C. 351, et seq.). (d) Comptroller General Examination of Record. The Contractor agrees to 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 examineany 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) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) or (d) of this clause, the Contractor is not required to include any FAR clause, other than those listed below (and as may be required by an addenda to this paragraph to establish the reasonableness of prices under Part 15), in a subcontract for commercial items or commercial components -- (1) 52.222-26, Equal Opportunity (E.O. 11246);(2) 52.222-35, Affirmative Action for Disabled Veterans of the Vietnam Era (38 U.S.C. 4212);(3) 52.222-36, Affirmative Action for Workers with Disabilities (29 U.S.C. 793); and (4) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 1241) (flow down not required for subcontracts awarded beginning May 1, 1996). (4) FAR PROVISIONS: FAR 52.212-1 Instructions to Offerors Commercial Items is hereby included by reference. Tailoring: In accordance with FAR 12.302(a) the provision 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 prices in its offer firm is changed to 120 calendar days from date specified for receipt of offers. Paragraphs (d) Product Samples, (e) " Multiple Offers", (h) "Multiple Awards", and (i) "Availability of Requirements Documents cited in the Solicitation (1), (2), (3)", have been determined by the Contracting officer to be non-applicable to this solicitation. FAR provisions incorporated in the solicitation as addenda to 52.212-1; 52.217-5, "Evaluation of Options"; FAR 52.212-2, "Evaluation of Commercial Items" The following factors shall be used to evaluate quotes and they are of equal importance; past performance, and price. YEAR 2000 COMPLIANCE This clause applies to all systems (hardware, software, and systems comprised of information technology products) used inperformance of this contract. (Copy of complete clause and certification form will be provided upon request). In order to assist the Contracting Officer in making a responsibility determination about a prospective contractor, in accordance with FAR 9.104-1, it is required that each quoter provide information on a reasonable number of recent and relevant contracts for the same or similar items, as well as the quoter's primary financial institution (to include contract numbers, points of contact, telephone numbers, and any other relevant information). Quoters are advised that award may be made without discussions, therefore, quoters are advised that sufficient information should be submitted to enable contracting officer to evaluate quotes based on the above factors. Quoters are advised that this quotation is solicited under the test provision of FAR 13.500 and all quotations shall be evaluated IAW FAR 13.106-2 for best value procurement. FAR 52.212-3, Offeror Representations and Certifications Commercial Items, applies to this solicitation and quoters are advised to include a completed copy of the provision with its offer. COMPLIANCE WITH VETERANS EMPLOYMENT REPORTING REQUIREMENTS DOJ CLASS DEVIATION MEMO DATED 01/14/99 (Copy of complete provision and certification will be provided upon request). FAR 52.216 1, "Type of Contract", is added in full text to this solicitation: The Government contemplates award of a firm -fixed price contract resulting from this solicitation. 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 protest 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, NW, Washington, D.C. 20534. (b) The copy of any protest shall be received in the office designated above within one day of filing of protest with the GAO. Inquiries regarding Federal Acquisition Regulations (FAR) clauses and provisions are available through Internet access: http://farsite.hill.af.mil/. Quotes are due at 2:00 pm EST, November 22, 1999. Mailing address: Federal Bureau of Prisons/SERO, Attn: Rebecca Canfield, Contract Specialist, 3800 Camp Creek Parkway, SW, Building 2000, Atlanta, Georgia, 30331-6226. Facsimile copies of offers will be accepted at telephone number (678) 686-1448. For more information regarding this solicitation, call Rebecca Canfield, Contract Specialist at (678) 686-1413 or send e-mail at bcanfield@bop.gov. All responsible parties are invited to submit a quote which will be considered. Posted 10/28/99 (W-SN396052). (0301)

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