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COMMERCE BUSINESS DAILY ISSUE OF NOVEMBER 14,1996 PSA#1721

Federal Bureau of Prisons (FBOP), Western Regional Office, 6600 Goodfellow St., Dublin, CA 94568

V -- PROVIDE TRACTOR AND DRIVER FOR TRANSPORTATION OF FARM PRODUCTS FROM THE U.S. PENITENTIARY, 3901 KLEIN BLVD., LOMPOC, CA TO FBOP INSTITUTIONS IN SO. CALIFORNIA Sol IFB 116-0095. Due 112696. Contact Point, Jim Cooper, 510-803-2775. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. (Please read the following sentence carefully). This announcement constitutes the only solicitation; bids are being requested and a written solicitation will not be issued. This solicitation is an Invitation for Bids (IFB) 116-0095. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Regulation Circular 90-42. This procurement is being advertised as full and open competition, under Standard Industrial Classification (SIC) code 4213, with a small business size standard of $18.5 million. The contract will be a Requirements type contract. (A) Schedule: Farm product delivery services for the U.S. Penitentiary (USP), 3901 Klein Blvd., Lompoc, CA 93436, for a Base Year and four one year option periods. The Contractor will provide a tractor, with a qualified licensed driver, capable of pulling a 48' refrigerated semi-trailer, with standard hookups. The trailer will be properly loaded, by the FBOP, with up to 30,000 lbs of palletized milk, meat, bean and miscellaneous farm products. The Contractor will pick up the loaded trailer each Thursday and deliver the products, in order, to the following FBOP Institutions, MCC San Diego, CA (by 7:00 a.m.), FCI Terminal Island, CA (by 11:00 a.m.), and the INS Detention Center in San Pedro, CA (by 12:00 p.m. noon). Deliveries will also be required to MDC Los Angeles (by 1:30 p.m.), as needed. The contractor will pick up empty pallets and containers for return to the USP. Rescheduling will be required to make up for any missed pickups/deliveries caused by mechanical failure, accident, road closures, environmental or other emergencies or Acts of God, or Institutional emergencies. All missed scheduled pickups/deliveries must be made up as soon as possible, which may mean deliveries on weekend days or holidays, at the discretion of the FBOP. Make ups will be scheduled by the COTR. The FBOP will strive for mutually agreeable make-up schedules, with any conflicts to be resolved by the Administrative Contracting Officer (ACO). The estimated annual mileage is 30,720. Please provide separate, per mile prices for Base Year, and each of the four Option Periods. Period of performance is as follows: Base Year of the contract shall be from Date of Award through twelve months from date of award, Option Period One: thirteen months from date of award through twenty-four months from date of award; Option Period Two: twenty-five months from date of award through thirty-six months from date of award; Option Period Three: thirty-seven months from date of award through forty-eight months from date of award; Option Period Four: forty-nine months from date of award through sixty months from date of award. Pursuant to FAR 17.203(d), bidders may offer varying prices for option periods. (B) Statement of Work: The provision of professional delivery services including an appropriately sized tractor, and a qualified, licensed, bonded driver. USP will have the refrigerated trailer prepared and ready for pick up by midnight each Wednesday. All items to be delivered will be labeled and a requisition for delivery prepared for the driver. This requisition must be signed with signed copies returned to USP upon return to the farm on Friday. All loading/off-loading will be done by the FBOP. Contractor will be responsible for all operating expenses, including, but not limited to: fuel, repairs, fees, licenses, bonds and insurance, tools and taxes. FBOP will provide all maintenance and repair on FBOP owned trailers. The Contractor will provide insurance coverages adequate in type and amount to cover any possible loss or damage to the FBOP owned trailer(s) caused by accident or negligence. In addition, Contractor will provide Vehicular and General Public Liability Insurance as prescribed below in FAR Clause 52.228-10. The Contractor must Bond the driver(s) for $100,000, minimum. The Contractor must agree to hold harmless the Government from any third party liability. (C) Place of Performance: Primarily the farm complex at the USP Lompoc, with deliveries to other institutions in the Southern California area. The Contractor will not be entering secure areas of the institutions during performance of this contract. (D) Supplies: The FBOP will provide supplies needed for the products being delivered, and the trailers. The Contractor will supply all other necessary supplies. (E) Method of Performance: Performance will include picking up and delivering farm products, on time, to designated locations, on a regular basis. The Contractor will also be responsible for returning empty trailers and all required documentation relating to deliveries to the USP Farm. Empty milk containers and pallets will be returned to the USP Farm from all institutions to which deliveries are made. The Contractor will also pick-up and deliver other small equipment and commodities, as required. Performance standards are based on community standards and are measurable by both the Contractor and the COTR. This will be a contractual agreement, not a government appointment. The Contractor will not be eligible for Federal Job benefits. Payment will be based on the accomplishment of the end product or specific results. The performance of these services will be verified by the designated Contracting Officer Technical Representative (COTR). (F) Management/Inmate Management: The Contractor will be required to report any inappropriate or suspicious inmate behavior to the overseeing FBOP employee at the site, and the COTR. The Contractor may be required to submit a memorandum explaining the circumstances related to any such observation. The Contractor must also provide written reports of any emergencies or extraordinary situations that may arise during performance of this contract. The Contractor will not be responsible for management of inmates. (G) Institution Security: The Contractor agrees to adhere to all regulations prescribed by the institution for safety, custody and conduct of inmates. Basic NCIC and other security checks will be completed on all drivers used for the performance of this contract. Additional checks may be required at the discretion of the FBOP. The FBOP reserves the right to disallow any individual from performing on this contract, with no explanation given. Integrity of the Bureau of Prisons security systems is paramount. (H) Credentials: The Contractor must supply proof of training, experience and licensing of all drivers provided for the delivery of farm products. Contractor must provide written evidence of current licensing for all drivers. (I) Clauses/Provisions: (1) Far Clause 52.212-1, ``Instructions to Offerors-Commercial,'' is hereby included by reference. The following are addenda to FAR Clause 52.212-1: (1) Paragraph (c)``Period of Acceptance of Offers'', the amount of time the offeror agrees to hold the prices in its offer firm is changed to 60 calendar days from date specified for receipt of offers. (2) Paragraphs (d) ``Product samples'', (e) ``Multiple Offers'', and (h) ``Multiple Awards'', and (I) ``Availability of requirements documents cited in the solicitation'' have been determined by the Contracting Officer to be non-applicable to this solicitation and are hereby removed in their entirety. (3) Evaluation Factors for Award: Bidders are advised that bids shall be evaluated without discussions. Award will be made to the responsible bidder whose bid is responsive to the items of the IFB and is most advantageous to the Government, considering only price and price-related factors, if any, as specified in the solicitation. (4) Business References: In order to assist the Contracting Officer in making a responsibility determination about a prospective contractor, in accordance with FAR Subpart 9.104-1, it is required that each bidder provide information on a reasonable number of recent and relevant contracts for the same or similar items, as well as the bidder's primary financial institution (include contract numbers, points of contact, telephone numbers, and any other relevant information). The following provision is hereby incorporated into this solicitation and resulting contract as an addendum to FAR Clause 52.212-1: FAR Provision 52.214-10, ``Contract Award-Sealed Bidding'', is hereby incorporated by reference. (ii) FAR Provision 52.212-3, ``Offeror Representations and Certifications-Commercial Items'', shall be completed and submitted with the bid. (iii) FAR Provision 52.233-2, ``Service of Protest'', is hereby incorporated in full text, (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: 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 date of filing a protest with the GAO. (iii) FAR Clause 52.212-4, ``Contract Terms and Conditions-Commercial Items,'' hereby applies to this acquisition. The following are addenda to FAR Clause 52.212-4: (1) The following FAR Clauses are hereby incorporated by reference, pursuant to FAR Clause 52.252-2, ``Clauses Incorporated by Reference'': 52.203-3, ``Gratuities''; 52.217-5, ``Evaluation of Options''; 52.224-1, ``Privacy Act Notification''; 52.224-2, ``Privacy Act''; 52.225-11, ``Restrictions on Certain Foreign Purchases''; 52.228-10, ``Vehicular and General Public Liability Insurance (APR 1984), fill in (a)'' (1) bodily injury of not less than $200,000 for each person and $500,000 for each occurrence, and (2) property damage of not less than $50,000 for each accident and $500,000 in the aggregate; 52.232-18, ``Availability of Funds''; 52.237-3, ``Continuity of Services''. The following FAR Clauses are hereby incorporated into this solicitation/contract by full text: 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 6 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 one day of the ensuing option period; provided, that the Government shall give 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. JAR Clause 2852.279-70, ``Contracting Officer's Technical Representative'', is hereby incorporated in full text, (a) Mr. Ramon Escobedo, USP Lompoc, California, is hereby designated to act as Contracting Officer's Technical Representative (COTR) 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 serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment prior to forwarding the original invoices to the payment office and a conformed 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. 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 and signed. (iv) Far Clause 52.212-5, ``Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items'', hereby applies to this acquisition. In accordance with FAR Clause 52.212-5, the following clauses are hereby incorporated by reference: 52.203-6, ``Restrictions on Subcontractor Sales to the Government'', ``Alternate I''; 52.203-10, ``Price or Fee Adjustment for Illegal or Improper Activity''; 52.219-8, ``Utilization of Small, Small Disadvantaged and Women-Owned Small Business Concerns''; 52.222-26, ``Equal Opportunity''; 52.222-35, ``Affirmative Action for Special Disabled and Vietnam Era Veterans''; 52.222-36, ``Affirmative Action for Handicapped Workers''; 52.222-37, ``Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era''. Offers in original and one copy shall be received at the following address: Federal Bureau of Prisons, Western Regional Contracting Office, 6600 Goodfellow Street, (Camp Parks) Dublin, CA 94568, Attention Jim Cooper, Contracting Officer, by 2:00 PM local time, on Tuesday, November 26, 1996. All bids shall be clearly marked with the bidders name and IFB number. For additional information, questions, and availability of forms, please contact Jim Cooper, Contracting Officer, at 510-803-2775, fax 510-803-2782. (311)

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