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Added: Mar 27, 2013 3:07 pm Modified: May 08, 2013 3:18 pmTrack Changes
The Bureau of Prisons, Field Acquisition Office intends to issue solicitation RFQ06181300009 for the provision of Landscape/Design Irrigation Training Instructor to be rendered on-site for in population incarcerated at BOP's prison facility located in Atwater, California. The successful contractor shall provide vocational instruction in the area of Horticulture. The requirement will be for a on-site instructor. The contract type will be an indefinite delivery/requirement type contract with firm-fixed unit price. The applicable NAICS code for this requirement is 611210, SBA size standard (7.0million). The solicitation will be posted as un-restricted. All responsible sources may submit a quote which will be considered. Faith-Based and Community-Based Organizations can submit offers/bids/quotations equally with other organizations for contracts for which they are eligible. The solicitation will be available on or about March 15, 2013 and will be distributed solely through the website www.fbo.gov. The anticipated deadline for receipt of quotes will be May 24, 2013 at 12:00 p.m. The award is anticipated to extend for a one year period with four option periods. The quantity of service required for each of the service above is estimated in the pricing schedule that is attached.
52.212-4 Contract Terms and Conditions--Commercial Items (FEB2012) with addendum to incorporate the additional clauses listed below into this solicitation and any resulting contract.
52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010)
52.204-4 Printed or copied double-sided on Postconsumer Fiber Content Paper (MAY 2011)
52.204-7 Central Contractor Registration (DEC 2012)
52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)
52.223-5 Pollution Prevention and Right to Know Information (MAY 2011)
52.224-1 Privacy Act Notification (APR 1984)
52.224-2 Privacy Act (APR 1984)
52.228-5 Insurance - Work on a Government Installation (JAN 1997) Workers compensation or Employers liability: $100,000; and Comprehensive General Liability: $500,000 per occurrence for bodily injury.
52.232-18, Available of Funds (32.705-1(a)) (APR 1984)
52.237-2, Protection of Government Buildings, Equipment, and Vegetation (APR 1984)
52.253-1 Computer Generated Forms(JAN 1991)
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 of the effective performance period through the last day of 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.
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one session, 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 Schedule of Supplies/Services within the current performance period;
(2) Any order for a combination of items in excess of the estimated quantities identified in the Schedule of Supplies/Services 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
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order
(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 con- tract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified un- der 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 Con- tractor 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 Con- tractor shall not be required to make any deliveries under this contract after the last day of the effective performance period.
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.
(a) The Government may extend the term of this contract by written notice to the Contractor within prior to the expiration of the cur- rent performance period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least
(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..
52.222-42 Statement of Equivalent Rates for Federal Hires (May 1989)
In compliance with the Service Contract Act of 1965, as amended, 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.
Wage Determination No: 2005-2045 Revision No.: 13 Date of Revision: 06/13/2012
Funds are not presently available for performance under this contract beyond September 30 of the base year or any option year
52.232-99 Providing Accelerated Payment to Small Business Subcontractors (AUG 2012) (Deviation ) thru 7-13-13
This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small
(a) "Unsafe condition" as used in this clause means the actual or potential exposure of contractor or Government employees to a
52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)
In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 contractor employee whose background investigation (BI) process begins on or after October 27, 2005:a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form I-9, OMB No. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture ID);
b. Contractor Personnel must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed sometime during the clearance process but prior to badge issuance and must be documented by the DOJ official;
c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position.
• High Risk - Background Investigation (5 year scope)
d. The pre-appointment BI waiver requirements for all position sensitivity levels are a:
1) Favorable review of the security questionnaire form; 2) Favorable fingerprint results; 3) Favorable credit report, if required;3 4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level; and 5) Favorable review of the National Agency Check (NAC) 4 portion of the applicable BI that is determined by position sensitivity/risk level.
A badge may be issued following approval of the above waiver requirements. If the NAC is not received within five days of OPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau of Investigation Criminal History Check (i.e., fingerprint check results). e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges issued under these procedures will be suspended or revoked.2. Short-Term Contractor Personnel:
It is the policy of the DOJ that short-term contractors having access to DOJ information systems and/or DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items 1a. and 1b. above. The pre-appointment waiver requirements for short-term contractors are:
a. Favorable review of the security questionnaire form; b. Favorable fingerprint results; c. Favorable credit report, if required;5 and d.
A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of issuance.
For example, if a contractor employee requires daily access for a three or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a second request is submitted for the same contractor employee within a twelvemonth period for the purpose of extending the initial contract or for employment under a totally different contract for another three or four-week period, this contractor would now be considered "long-term" and must be cleared according to the long-term requirements as stated in this interim policy.
3. Intermittent Contractors:
a. For purposes of this policy, "intermittent" is defined as those contractor employees needing access to DOJ information systems and/or DOJ facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For example, the water delivery contractor that delivers water one time each week and is working on a one-year contract.
b. Contractors requiring intermittent access should follow the Department's escort policy. Please reference the August 11, 2004, and January 29, 2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted access.
c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contractor, the same pre-employment background investigation waiver requirements that apply to short-term contractors are required.
d. If an intermittent contractor is approved for unescorted access, the contractor will only be issued a daily badge. The daily badge will be issued upon entrance into a DOJ facility or space and must be returned upon exiting the same facility or space.
e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year. 4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated BI meeting HSPD-12 and DOJ's BI requirements.
5. The DOJ's current escorted contractor policy remains unchanged by this acquisition notice.
3. For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package.
5.For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package.
For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commitment, individuals or contractor employees providing services must have:
If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current information regarding allied countries: http://www.opm.gov/employ/html/citizen.htm
52.242-11-004 Evaluation of Contractor Performance Utilizing CPARS (April 2011)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 2013)________________________________________
(End of clause)
4.1 Special Contract Conditions
Type of Contract. The Government contemplates award of an Indefinite Delivery/Requirements type contract with firm fixed unit prices resulting from this solicitation. It is anticipated that the Date of Award resulting from this solicitation will beapproximately April 22, 2013.
Contracting Officer Responsibility: Authority to negotiate changes in the terms, conditions, or amounts cited in this contract is re- served to the Contracting Officer. This responsibility may be delegated to an Administrative Contracting Officer by the Contracting Officer.
Contracting Officer's Representative (COR): The COR will be appointed by the Contract Administration Office (CAO) after the contract is awarded. The COR shall be responsible for:
Contract Security/Investigative Requirements.
Schedule of Required Insurance.
As required by FAR clauses 52.228-5 entitled "Insurance-Work on a Government Installation" the contractor shall, at its own expense, provide and maintain during the entire performance of the resulting contract, at least the kinds and minimum amounts of insurance
Workers Compensation & Employers Liability: The contractor shall 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
Automobile Liability: $200.000 per person, $500,000 per occurrence for bodily injury, and $20,000 per occurrence for property damage: (FAR.28.307-2)).
52.252-1, Provisions By Reference (52.107(b)) (FEB 1998)
52.217-5 Evaluation of Options (July 1990)
52.212-1 Instructions to Offers-Commercial (FEB 2012)
52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sept 2007)
Provisions by Full Text
In accordance with FAR 12.302(a), the provision at 52.212-1 is hereby tailored to modify the following elements of the provision.
(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 Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Procurement Executive, Federal Bureau of Prisons, 320 First Street, N.W., Room 5005, 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. (End of provision)
52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005)
Faith-based and Community-based organizations can submit offers/bids/quotations equally with other organizations for contracts for which they are eligible.
52.212-3 Offeror Representations and Certifications - Commercial Items (DEC 2012) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://www.acquisition.gov/. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.
Reporting, and the offeror desires a benefit based on its disadvantaged status.]
[List as necessary]
[List as necessary]
[List as necessary]
[List as necessary]
ing Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed end products.
(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]
FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN).
Added: May 22, 2013 1:26 pmModify to change sessions from Base year from 1200 to 400, Option Years 1, 2,3, and 4 from 1200 to 600 sessions per year.
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March 27, 2013
March 27, 2013
March 27, 2013
U. S. Armed Forces Reserve Complex
346 Marine Forces Drive
Grand Prairie, Texas 75051
Atwater, California 95301
Teresa A Cooper,
Paul D. Baker,
Phone: (972) 352-4559
Fax: (972) 352-4545
Original Posted Date:
March 27, 2013
May 22, 2013
May 24, 2013 12:00 pm Central
Original Response Date:
Apr 22, 2013 12:00 pm Central
Automatic, 15 days after response date
June 8, 2013
Original Set Aside:
U -- Education & training services
611 -- Educational Services/611210 -- Junior Colleges