FBODaily.com | FedBizOpps: PRESOL | 99 | Foam - Package #1

FBO DAILY - FEDBIZOPPS ISSUE OF APRIL 27, 2014 FBO #4537
SOLICITATION NOTICE

99 -- Foam - Package #1

Notice Date: 4/25/2014
Notice Type: Combined Synopsis/Solicitation
NAICS: 326150 — Urethane and Other Foam Product (except Polystyrene) Manufacturing
Contracting Office: Department of Justice, Federal Prison Industries/UNICOR, Procurement Branch, 320 First Street, N.W., Washington, District of Columbia, 20534
ZIP Code: 20534
Solicitation Number: FN1397-14
Archive Date: 5/30/2014
Point of Contact: Tatea R Cavanaugh, Phone: 202-305-7302, Linda K. Luke-Kerr, Phone: 814-362-4155
E-Mail Address: tcavanaugh@central.unicor.gov, Linda.Kerr@usdoj.gov
(tcavanaugh@central.unicor.gov, Linda.Kerr@usdoj.gov)
Small Business Set-Aside: N/A
Description: Foam PART I: INFORMATION This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued. The solicitation number is FN1397-14 and this solicitation is issued as a Request For Proposals (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-72. The North American Industry Classification System code is 326150. UNICOR, Federal Prison Industries, Inc., intends to enter into a firm fixed price IDIQ contract for one (1) base with four (4) option years contact. Items are to be delivered FOB Destination UNICOR FPI Allenwood Upholstery, Route 15 two miles north of Allenwood, Allenwood PA 17810. Federal Prison Industries (FPI), which operates under the trade name UNICOR, is a wholly-owned Government Corporation within the Department of Justice, under the Federal Prison System. The Corporation was created by Congress in 1934, and provides employment, education, and training opportunities to inmates under Federal custody. UNICOR operates approximately 99 factories in over 64 locations. Its production lines are extensive and include over 250 different products and services sold to other Federal Agencies and the Department of Defense. GENERAL INTENTION: It is the intent of this solicitation to result in a One base year with four (4) option years, if exercised Indefinite Delivery Indefinite Quantity Type Contract for Foam products. to be delivered to the following location: FOB Destination UNICOR FPI Allenwood Upholstery, Route 15 two miles north of Allenwood, Allenwood PA 17810. Guaranteed Minimum is $ 5,000.00 over the duration of the contract, inclusive of any exercised option years. Solicitation quantities are estimated for the base year and option quantities as listed. ALL INTERESTED OFFERS SHOULD READ SOLICITATION IN ITS ENTIRETY PRIOR TO SUBMISSION OF ANY QUESTIONS. This requirement will be solicited utilizing Full and Open Competition ALL ITEMS WILL BE AWARDED TO ONE OFFEROR. FAILURE TO SUBMIT AN OFFER ON ALL ITEMS WILL RESULT IN YOUR FIRM NOT BEING CONSIDERED FOR AWARD. Funds will be obligated by the delivery order and not the contract itself. NOTE: UNICOR may add other factories or materials to contract at a later date through a modification to the awarded contract. All solicitations (also future procurement) and any other information (amendments, etc.) may be obtained through FedBizOps at www.fbo.gov. All offerors must complete the following information prior to submission of offer to be considered for award, and address each evaluation factor Complete the ACH form. The ACH Form - which can be found on UNICOR website at www.unicor.gov About UNICOR - Doing Business with UNICOR For vendors Electronic Vendor Payment Scroll down to ACH Form, Print and submit with written offer Registration in SAMS http://sam.gov formerly known as CCR and ORCA. What is SAM? The System for Award Management (SAM) is combining eight federal procurement systems and the Catalog of Federal Domestic Assistance into one new system. The benefits of SAM include streamlined and integrated processes, elimination of data redundancies, and reduced costs while providing improved capability. With one user ID and password, SAM will benefit contractors by providing access to all the capabilities associated with: 1. Registering to do business with the Government 2. Representing/Self-Certifying as a Small Business (CCR/ORCA) 3. Viewing Business Opportunities (Fedbizops) All items and quantities listed are total (5) year estimated quantities for the entire contract period. These are the estimated quantities for the entire contract period. *** PLEASE NOTE CONTRACT AWARD IS TO BE DELIVERED AS FOLLOWS: Product shall be delivered in 21 calendar days after receipt order. Place of Delivery: UNICOR FPI Allenwood Upholstery, Route 15 two miles north of Allenwood, Allenwood PA 17810 Offerors may email/fax written proposals to my efax at 352-330-8162 or email to Tatea.cavanaugh@usdoj.gov, Tatea Cavanaugh, Contracting Officer, 202-305-7302. The proposal shall have the solicitation number clearly marked on the fax and in the subject line of the email. Offers shall be received by Thursday May 1, 2014 at 2:00 PM EST. Original proposal shall be received within 2 working days of offer closing date. This will include original signature of offeror. All amendments must be signed and dated and submitted with propsal. Samples: Offerors are required to submit one sample of each item listed in Section B. Samples are to be sent to UNICOR FPI Allenwood Upholstery, Route 15 two miles north of Allenwood, Allenwood PA 17810, Attn: Greg Holmes. Samples shall reference solicitation number FN1397-14 and shall be received by offer closing date and time. Failure to provide and adequately identify your sample will result in your offer not being considered for award. Samples shall be provided at no cost to the government and will not be returned. All solicitations (also future procurement) and any other information (amendments, etc) may be obtained through febdbizops at www.fbo.gov. 52.211-11 Liquidated Damages - Supplies, Services, or Research and Development (SEP 2000) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages not to exceed 10% per calendar week of the total cost of each line item delayed. UNICOR will issue delivery orders with pricing according to the assigned contract terms. If contractor fails to deliver product in a timely manner, the contracting officer will issue weekly past due reports to contractor with consideration (liquidated damages) amounts. Liquidated damages will begin to accrue at the moment of a delay caused by the offeror. The amounts will be tracked weekly and UNICOR will bill contractor quarterly for all liquidated damages for the previous three months. If the offeror cannot deliver in a timely fashion UNICOR may require consignment of product. The contractor will issue UNICOR a credit according to the spreadsheet generated by UNICOR Contract Specialist. A copy of the credit shall be submitted to the contract Specialist: Tatea R. Cavanaugh, Sr. Contracting Officer, UNICOR OFG, Central Office, 202-305-7302, fax 202-353-7794, email tatea.cavanaugh@usdoj.gov. And Linda Kerr, Contract Specialist, UNICOR, FCI McKean, 814-362-4155, e-fax 352-330-8140, email Linda.Kerr@usdoj.gov. If the credit is not received within 30 days, UNICOR contract specialist will notify accounts payable to deduct the overdue amounts from future vendor invoices. Liquidated damages start accruing on the first day an order is late until receipt of that item at the UNICOR location. There is no limit to liquidated damages but the government is open to discussions to assist offeror in mitigating damages. It is the offerors responsibility to notify the government of any delays in shipping the product. It is also the offerors responsibility to find alternate methods to make on-time deliveries in the event of an unforeseen delay such as truck strike. Severe weather delays will be handled on a case by case basis. 52.211-17 Delivery of Excess Quantities. (SEPT 1989) The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the Contractor delivers and the Government receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefore, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will, at the option of the Government, either be returned at the Contractor's expense or retained and paid for by the Government at the contract unit price. 52.247-34 F.O.B. Destination (Nov 1991) JAR 2852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (JAN 1985) Supplement: LCL APPR (a) Greg Holmes, is hereby designated to act as Contracting Officer's Representatives (COR) under this contract for FCI Allenwood. TBA, is hereby designated to act as Contracting Officer's Representatives (COR) under this contract for FCI Beckley, WV Eugene Jackson, Warehouse Foreman is hereby designated to act as Contracting Officer's Representatives (COR) under this contract for FCI Florence. TBA, is hereby designated to act as Contracting Officer's Representatives (COR) under this contract for FCI Schuylkill, PA. (b) The COR is responsible, as applicable, for: receiving all deliverable's, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payments. (c) The 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, or cost of the agreement. If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes in writing. G2. This contract will be administered by: PRIMARY: UNICOR, Federal Prison Industries, 320 First Street NW 400 Building, 7th Floor, Room 7012 Washington, DC 20534, Attn: Tatea R. Cavanaugh, Senior Contracting Officer Phone: (202)-305-7302 E-mail: tatea.cavanaugh@usdoj.gov SECONDARY: UNICOR FCI McKean Route 59 & Big Shanty Road Lewis Run, PA 16738 Attn: Linda Kerr, Contract Specialist Phone: (814)-362-4155 E-mail: Linda.Kerr@usdoj.gov Written communications shall make reference to the contract number and shall be sent to the address of the primary contracting officer above. In the event Tatea Cavanaugh is unavailable, please send correspondence to the secondary contact. G3. Address to which remittance should be mailed: Offeror shall indicate below the complete mailing address (including the nine digit ZIP code) to which remittance should be mailed if such address is other than that shown in Block 15A, Page 1 (Standard Form 33), they shall enter it below: (a) Payee Name (Contractor):______________________________ (b) Check Remittance Address: ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ Any questions or problems regarding payment should be directed to the following location: UNICOR FPI, Central Accounts Payable, P.O. BOX 11849, LEXINGTON KY 40578-1849 All invoices shall reference delivery order number, not the contract number. Invoices received without the delivery order number will be rejected and returned to vendor. Note To Vendors: In accordance with the prompt payment act, invoices that do not agree with the purchase order/delivery order amounts will be returned to the vendor at the address located in block 17A of the SF1449. Vendor Payment: Offerors must submit a new ACH form whenever any payment information is changed (i.e. new bank, account, routing). Failure to submit new information will result in delayed or non payment of product/service until information is properly updated. Offerors may obtain the ACH form by logging on to the following website: www.unicor.gov Doing Business with UNICOR Electronic Vendor Payments Click, download form and submit with written proposal. The ACH is the first form, just click on form and print to your printer, fill out and return to the contracting officer. NOTE: DUNS number on ACH form shall match information provided in SAM. Failure to provide matching DUNS information may result in your firm not receiving an award. Contractor agrees that FPI is in the category of the most favored or best commercial customer category of the Contractor and as such, the Contractor will : During the contract period, the Contractor shall report to the Contracting Officer all price reductions offered to the category of customers that are considered by the Contractor to be their most favored or best commercial customer. 1. A price reduction shall apply to purchases under this contract if, after the award date, the Contractor- i) Revises downward its commercial catalog, price list, schedule, etc., to its best commercial customers (or category of customers) below the awarded price under this contract; ii) Grants more favorable discounts or terms and conditions to its best commercial customers than those contained in this contract that would result in prices below the awarded price under this contract, an/or iii) Grants special discounts to its best commercial customer (or category of customers) that would result in prices lower than the awarded price under this contract. 2. The Contractor shall offer the price reduction to FPI with the same effective date, and for the same time period, as extended to the commercial customer (or category of customers). The Contractor may offer the Contracting Officer a voluntary price reduction at any time during the contract period. The Contractor shall notify the Contracting Officer of any price reduction subject to this clause as soon as possible, but not later than 15 calendar days after its effective date. PART II: FAR CLAUSES 52.204-4, Printed or Copied Double-Sided on Recycled Paper, MAY 2011) 52.211-16, Variation in Quantity (APR 1984) five percent (+10%) increase / zero percent (0%) decrease, applied to the quantity per line item in each delivery order; 52.212-4, Contract Terms and Conditions - Commercial Items (SEPT 2013) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. (JAN 2014) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). don't use (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) _X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2013) (Pub. L. 109-282)(31 U.S.C.6101 note). __(5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). _X_(6) 52.209-6, Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items). _X__(7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (FEB 2012) (41 U.S.C. 2313); ___(8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). __ (9) 52.219-3, Notice of Total HUBZone Set-Aside (NOV 2011) (15 U.S.C. 657a). __ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (11) [Reserved] _ _ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). _ _ (ii) Alternate I (NOV 2011) of 52.219-6. __ (iii) Alternate II (NOV 2011) of 52.219-6. __ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. _X_ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). _x_ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __(iv) Alternate III (July 2010) ___(16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644 (r)). __ (17) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)). _x_ (18) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). __ (ii) Alternate I (June 2003) of 52.219-23. __ (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (DEC 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323) __ (21) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (22) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657 f). _X_ (23) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2012) (15 U.S.C. 632(a)(2)). __ (24) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (APR 2012). __ (25) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012). _X_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_ (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126). _X_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X_ (30) 52.222-35, Equal Opportunity for Veterans (Sept 2010) (38 U.S.C. 4212). _X_ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). _X_ (32) 52.222-37, Employment Reports on Veterans (Sept 2010) (38 U.S.C. 4212). _X_(33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496) __ (34) 52.222-54, Employment Eligibility Verification (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)). __ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). __ (ii) Alternate I (DEC 2007) of 52.223-16. _X_(38) 52.223-18, Contractor Policy to Ban Text Messaging While driving (AUG 2011)(E.O. 13513). __ (39) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). __ (40)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (NOV 2012) (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. note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, and 112-42). __ (ii) Alternate I (MAR 2012) of 52.225-3. __ (iii) Alternate II (MAR 2012) of 52.225-3. __ (iv) Alternate III (NOV 2012) of 52.225-3 _x_ (41) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). __ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X_ (47) 52.232-33, Payment by Electronic Funds Transfer System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (48), Payment by Electronic Funds Transfer Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). __ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: __ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 351, et seq.). __ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). __ (7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013)(E.O.13495) __(8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). __ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 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 (AJN2013)(E.O. 13495) Flow down required in accordance with paragraph (l) of FAR Clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sept 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (AUG 2013). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. do not use Alternate I to 52.212-5; applies when head of agency has waived examination of records by Comptroller General Alternate II to 52.212-5 applies when using funds from American Recovery & Reinvestment Act of 2009 (P.L.111-5) 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 date of award through one base with four option years if exercised. (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.; 52.216-19, Order Limitation (OCT 1995) (a) minimum delivery order of $1,000.00 for a single line item; (b)(1) max delivery order for a single item in excess of 50,000.00 ; (b)(2) any order for a combination of items in excess of 200,000.00, contractor will not be obligated to honor. Contractor will not be obligated to honor a series of orders from the same ordering office, within a 21 day period that together call for quantities exceeding the maximum order limitations. However, the contractor shall honor orders exceeding the maximum order limitations unless the order(s) are returned to the ordering office within seven calendar days after issuance with a written statement expressing the contractor's intent not to ship; 52.216-22 Indefinite Delivery Indefinite Quantity (IDIQ) (Oct 1995) (a) This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the maximum. The Government shall order at least the quantity of supplies or services designated in the Schedule as the minimum. (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) 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 21 calendar days beyond contract expiration. 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 60 days; 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. 52.223-11 Ozone-Depleting Substances (MAY 2001) (a) Definition. "Ozone-depleting substance," as used in this clause, means any substance the Environmental Protection Agency designates in 40 CFR part 82 as-- (1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or (2) Class II, including, but not limited to, hydrochlorofluorocarbons. (b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR Part 82, Subpart E, as follows: Warning Contains (or manufactured with, if applicable)[ ], a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere. [ ] The Contractor shall insert the name of the substance(s). 52.232-18, Availability of Funds (APR 1984); 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004); 52.246-15, Certificate of Conformance (APR 1984) With the original invoice, the vendor will furnish the original Certificate of Conformance that will be signed by the person who has certification authority with their title and position included. A copy of this Certificate of Conformance and the packing slip will accompany each shipment. The furnishing of the Certificate of Conformance will be a condition of acceptance at destination and payment will not be made until it is received. Inspection and acceptance will be by FPI. Awardee must maintain documented evidence that demonstrates the traceability of the materials that the Awardee provides for this contract/purchase order. The Awardee's Certificate of Conformance shall only be signed by the individual who is the Awardee's authorized Quality Representative, or acting Quality Representative. 52.247-34, F.O.B. Destination, (NOV 1991) delivery shall be FOB destination to UNICOR FPI Allenwood Upholstery, Route 15 - Two miles north of Allenwood, Allenwood PA 17810 52.252-2 Clauses Incorporated By Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): ___________www.acquisition.gov__________________ _____________________________________________ 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. Each offeror shall provide the same price for the base and option years. Before the option year is exercised, the offeror will be given an opportunity to submit a request for a price increase in accordance with NAICS code 326150. EPA Local clause FPI 1000H1 Economic Price Adjustment; Local clause FPI 1000H1 Economic Price Adjustment applies 12 twelve months after contract award date, and every 12 twelve months thereafter, contract prices for the succeeding 12 twelve-month period may be adjusted in accordance with the change in the Producer Price Index for NAICS code 326150 Urethane and Other Foam Product (except Polystyrene) Manufacturing using the simple percentage method described in the U.S. Department of Labor, Bureau of Labor Statistics September 1991, Report 807, titled "Escalation and Producer Price Indexes: A Guide for Contracting Parties". IT IS THE CONTRACTORS RESPONSIBILITY TO REQUEST THIS ADJUSTMENT. Adjustments may be requested for a period not to exceed 30 days after the eligible adjustment date. Requests that are made after the 30-day limit will not be honored and the contract pricing will not be adjusted. The contractor shall submit any requests for adjustments in writing to the contracting officer. Requests shall include a copy of the relevant index and must be within the allowed time period for adjustment. Any adjustments authorized as a result of the adjustment request will not be retroactive. The date the completed request is received by the contracting officer will be the effective date of any changes in price. The contractor also is required to request downward price adjustments. All downward adjustments will be retroactive to the authorized adjustment date as specified in this clause. If downward price adjustments are not requested and this is later revealed through audits or otherwise, the contractor shall reimburse the Government the amount overcharged plus interest. Interest will be computed at the rate set annually by the Secretary of the Treasury for late contract payments. Interest will accrue from the date the adjustment should have been made. In computing any contract price adjustment, the most recently published index as of the date of award will be compared to the most recently published index as of the date of adjustment. No adjustment shall be made if the referenced change is less than 2%. Total upward adjustment for the contract period, including any option periods, is negotiated based on the original or option period contract price; downward adjustments are not limited. Indices are available from the Bureau of Labor Statistics at http://www.bls.gov/ppi/. PART III: PROVISIONS 52.212-1, Instructions to Offerors - Commercial Items (FEB 2012) 52.212-2, Evaluation - Commercial Items (JAN 1999), significant evaluation factors are: Ability to meet Specification, quality of sample provided and color match, Environmental-CARB Certification, Greenguard Certification, LEEDS, FSC Certified Recyclable, Recycled content or any other applicable standards that may apply to this product/commodity, ISO 9001 Certification or Equivalent, Past Performance, and Price ABILITY TO MEET SPECIFICATIONS Evaluation will be based on the offerors ability to meet specification as listed on the drawings. Quality of sample provided: FPI will evaluate the sample submitted as part of the offerors proposal to determine that the offered product meets the specifications as spellled out in the drawing provided. Samples will be evaluated to ensure form, fit and function of the seat foam unit in the seating product to meet customer requirements. ENVIRONMENTAL Environmentally friendly to the environment and the workplace to include but not limited to Greenguard Certification, LEEDS, FSC Certified, Recyclable, Recycled content or any other applicable standards that may apply to this product/commodity. Proper certification shall be supplied as part of proposal. Successful offer(s) must continue to meet all current standards throughout the remainder of contract term as well as any new required certifications after contract award. Offerors shall submit documentation and/or certification for all products being offered and any new product during contract term. All certifications, specifications, and qualities must be detailed in written proposal, if applicable. In addition any test results for environmental purposes will be evaluated and included as part of this criterion. Note: UNICOR is concerned with providing its customers the most environmentally friendly products possible. Therefore, your firm is encouraged to offer any alternative products that represent a more environmentally friendly alternative to the requested products. These items should be marked as an alternate proposal and should include informative literature for reference purposes. Sample of any alternative materials must also be supplied as part of proposal package and must be labeled as alternate using the UNICOR Part Number to identify which item it represents. ISO 9001 CERTIFICATION OR EQUIVALENT Offerors must demonstrate that their facilities and their subcontractors facilities are ISO9001 certified. Offerors must provide proof of IS09001 certification by submitting the ISO Certificate as part of your written offer. If the offerors facilities and it subcontractors are not ISO certified, and the offeror is seeking ISO certification, please provide estimated date of certification. If offerors facilities or its subcontractors facilities are not ISO certified, offerors shall provide a detailed written general manufacturing practices standard/written quality system manual that complies with ISO standards. PAST PERFORMANCE Offerors will be evaluated on their record of relevant, and recent past performance, from the Business Questionnaires submitted, and information received from past contracts and any additional-data obtained by the Government, i.e., current contracts. Relevant past performance is defined as having a record of actual performance or accomplishment in the production of Fabrics on contracts similar in scope to the requirement being evaluated. Recent past performance information is defined as contracts performed within the last three (3) to five (5) years. In evaluating offerors past performance, the Contracting Officer will consider the following: adherence to contract schedules, cooperative behavior and commitment to customer satisfaction, and the timeliness of performance taking into account excusable delays. Offerors may provide information on problems encountered on the identified contracts and the corrective action taken. The Government shall consider this information, as well as information obtained from any other sources, when evaluating the offerors past performance. Prompt corrective action in isolated instances may not outweigh overall negative trends. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance. PRICE Offerors are to provide the same price for the base and option years. Before the option year is exercised, the offeror will be given an opportunity to submit a request for a price increase in accordance with NAICS code 326150 prior to exercise of each option year if applicable. The price proposal will be evaluated through price competition of this acquisition and the Government estimate. Fairness and reasonability. Pricing will be determined accordingly by the contracting officer as do other factors, will also be part of the Governments Best Value Determination. All pricing must be FOB Destination Pricing. 52.212-3 Offeror Representations and Certifications-Commercial Items. The Federal Acquisition Regulation (FAR) requires the use of the Online Representations and Certifications Application in The System for Award Management (SAM) in Federal solicitations as a part of the proposal submission process. With one user ID and password, SAM will benefit contractors by providing access to all the capabilities associated with: 1. Registering to do business with the Government 2. Representing/Self-Certifying as a Small Business (Previously known as CCR/ORCA) 3. Viewing Business Opportunities (Fedbizops) With SAM you now have the ability to enter and maintain your representation and certification information, at your convenience, via the Internet at www.sam.gov. In addition, rather than receiving and reviewing paper submissions, government contracting officials can access SAM and review your information online as a part of the proposal evaluation process. You will no longer have to submit representations and certifications with each offer. Instead, a solicitation will contain a single provision that will allow you to either certify that all of your representations and certifications in SAM are current, complete and accurate as of the date of your signature, or list any changes. If you have already registered in the SAM database, please complete information below and return with written proposal. Certification that all of your representations and certifications in SAM are current. Reps and Certs Data is complete and accurate as of Date: ________________________ Signature _______________________________________ Changes: _______________________________________ 52.214-20 Bid Samples. (Apr 2002) Offerors are required to submit one sample of each item listed in Section B. Samples are to be sent to UNICOR FPI Allenwood Upholstery, Route 15 two miles north of Allenwood, Allenwood PA 17810, Attn: Greg Holmes. Samples shall reference solicitation number FN1397-14 and shall be received by offer closing date and time. Failure to provide and adequately identify your sample will result in your offer not being considered for award. Samples will be evaluated to ensure form, fit and function of the seat foam unit in the seating product to meet customer requirements. Samples shall be provided at no cost to the government and will not be returned. When having a supplier send samples on your behalf, ensure your companies name and UNICOR Part Number is listed, and not your suppliers name. Failure to provide and adequately identify your sample may result in your offer not being considered for award. The samples must reference solicitation number FN1397-14, Offerors Company Name, and UNICOR Part Number. Offerors shall send samples of each item being offered in solicitation to the following address with written proposal: UNICOR FPI Allenwood Upholstery, Route 15 two miles north of Allenwood, Allenwood PA 17810. Offerors that do not provide samples will be rejected and will not be eligible for award. All samples must be received by date and time specified to be considered for award. Any sample received after offer closing date and time will not be considered for award. The box containing the sample shall be labeled: Samples for Solicitation Number FN1397-14. Offerors shall provide tracking number of sample to Tatea Cavanaugh at tatea.cavanaugh@usdoj.gov. Samples will not be returned to any vendor. All samples provided will be at no charge to the Government. 52.216-27 Single or Multiple Awards (OCT 1995) It is anticipated that this solicitation will result in a single award 52.215-5 Facsimile Proposals. (Oct 1997) (a) Definition. "Facsimile proposal," as used in this provision, means a proposal, revision or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine. (b) Offerors may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals. (c) The telephone number of receiving facsimile equipment is 352-330-8162. (d) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document- (1) The Contracting Officer immediately shall notify the offeror and permit the offeror to resubmit the proposal; (2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror; and (3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer. (e) The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed proposal. 52.215-6, Place of Performance (OCT 1997); (a) The offeror or respondent, in the performance of any contract resulting from this solicitation, __ intends, __ does not intend check applicable block] to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated in this proposal or response to request for information. (b) If the offeror or respondent checks "intends" in paragraph (a) of this provision, it shall insert in the following spaces the required information: PLACE OF PERFORMANCE (STREET ADDRESS, CITY, STATE, COUNTY, ZIP CODE): ________________________________________________________________________________________________________________ ________________________________________________________ NAME AND ADDRESS OF OWNER AND OPERATOR OF THE PLANT OR FACILITY IF OTHER THAN OFFEROR OR RESPONDENT: ________________________________________________________________________________________________________________ ________________________________________________________ 52.222-22, Previous Contracts and Compliance Reports (Feb 1999) The offeror represents that- (a) It ____ has, _____ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; (b) It _____ has, _____ has not filed all required compliance reports; and (c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards solicitation. 52.222-25, Affirmative Action Compliance (Apr 1984) The offeror represents that- (a) It _____ has developed and has on file, _____ has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2); or (b) It _____ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activity Relating to Iran - Certification (DEC 2012) 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_____________________ _____________________________________________ _____________________________________________ PART IV: PROPOSAL SUBMISSION REQUIREMENTS Each proposal package shall consist of the following completed and signed documents: A complete and signed copy of the SF1449, all amendments issued, three Business Management Questionnaires of recent and relevant contracts for the same or similar items in accordance with FAR 52.212-1(b)(10) for past performance evaluation, and samples. Any amendments issued to this solicitation shall be synopsized in the same manner as this solicitation and must be acknowledged by each offeror. Offerors must hold prices firm for 60 calendar days from the date specified for receipt of offers. Offers or modifications to offers received at the address specified for the receipt of offers after the exact time specified may not be considered. Questions regarding this requirement may be addressed in writing to Tatea. Cavanaugh@usdoj.gov. All FAR forms, clauses and provisions necessary to submit an offer may be accessed at the following web site: http://acquisition.gov/far. This combined synopsis/solicitation and necessary forms are available on web site: http://www.fbo.gov. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; OFFERS ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED
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Place of Performance: Address: UNICOR FPI Allenwood Upholstery, Route 15 two miles north of Allenwood, Allenwood, Pennsylvania, 17810, United States; Zip Code: 17810
Record: SN03348891-W 20140427/140425234231-ea8d409295b27701ade24a888f6ffde7 (fbodaily.com)
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99 -- Foam - Package #1