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COMMERCE BUSINESS DAILY ISSUE OF AUGUST 26,1998 PSA#2167Federal Bureau of Prisons, Western Regional Office -- Contracting, 6600
Goodfellow, Dublin, California 94568 S -- CLASS 3 FOOD AND BEVERAGE VENDING SSERVICES FOR THE INMATE
POPULATIONS OF MDC LOS ANGELES AND FCI TERMINAL ISLAND, BOTH LOCATED IN
THE LOS ANGELES, CA AREA SOL RFQ 279-0003 DUE 091598 POC Patricia
Schroeder, (925) 803-4769 This is a combined synopsis/solicitation for
commercial items prepared in accordance with the format in FAR 12.6,
as supplemented with additional information included in this notice.
This announcement constitutes the only solicitation; quotations are
being requested and a written solicitation will not be issued. The
solicitation is issued as a Request for Quotation for a "best value
procurement": RFQ No. 279-0003. The solicitation document and
incorporated provisions and clauses are those in effect through Federal
Acquisition Regulation Circular 97-06. This procurement is being
offered for a best value procurement, under Standard Industrial
Classification Code 5962, with a small business size standard of $5.0
million. Services required: coinless vending machine sale of products
for the inmate population at the Metropolitan Detention Center, 535
North Alameda Street, Los Angeles, California, also known as "MDC- LA",
and the Federal Correctional Institution, 1299 Seaside Avenue, Terminal
Island, California, also known as FCI-TI. Debit card specifications for
vending operations: a computer peripheral device designed to operate as
a debit card system for coinless vending operations will be required.
The devise shall be interfaced with IM compatible computers to encode
CR-80 high coercivity cards. It shall have the capability to add and
subtract value from the cards as required. The system shall utilize an
offline read/write card transport that has the capability to interface
with all U.S. manufactured vending machines. The device shall use the
same connection design as a coin operated mechanism. The device shall
also provide the means to supply audit data to the vending system
operator. Specifications: Equipment -- Encoder/reader: A device that
has the capability to read and write monetary values to CR-80 high
coercivity cards. When disconnected from the PC, the Encoder/reader
functions as a stand alone read only unit. Size: The device size allows
it to fit in commonly used vending machines. Connections: Power: 120
volts AC. Servial Port: Connection at PC COM2, DB9; Hardware
compatibility: IBM Compatible; Audit Capability: Ability or provide
audit data to vending machine contractor. Card Type: Capable of
accepting a 3.375"x2.125" debit card, with a thickness range of
.10"-.036". REQUIREMENTS FOR MDC- LA: The contractor shall supply
eighteen (18) machines: one (1) snack item and one (1) cup soda
dispensing machine for housing unit -- 8 South; and two (2) snack item
and two (2) cup soda dispensing machines for housing units: 5 North,
6 North, 7 North, and 9 North. Past history has indicated that
restocking will need to be accomplished on Mondays, Wednesdays, and
Fridays between the hours of 3:00 a.m. and 6:00 a.m. or as required by
theMDC-LA. REQUIREMENTS FOR FCI-TI: The contractor shall supply twelve
(12) machines: One (1) can soda drink, one (1) milk, three (3) snack
item, one (1) ice-cream, and one (1) hot beverage machine for the North
Yard Area. One (1) can soda drink, one (1) milk, one (1) hot beverage
machine for Unicor area. One (1) can soda drink and one (1) snack item
machine for the South Yard Area. Past history has indicated that
restocking will need to be accomplished on a daily basis. Access to the
machines will be allowed between the hours of 7:30 a.m. and 6:00 p.m.
or as allowed by the FCI-TI. All machines shall be stocked with
nationally advertised standard brands of products. Prohibited items
include: cigarettes and all other tobacco products; chewing gum; poppy
seeds or any product containing poppy seeds; any item containing metal
or glass packaging; no fresh fruits. The snack machines shall only
carry items such as potato chips, candy bars, mints and cookies; each
machine shall carry a granola bar and a trail mix. The contract period
shall be for a base year of 12 months with the government's unilateral
right of four (4) one-year option periods. Anticipated date of award is
October 1, 1998. The contractor shall assume the full risk of and
responsibility for any loss, destruction or damage occurring to the
vending machines and operation thereof, except such loss or damage as
may be attributable to the Bureau of Prisons by reason of the
negligence of its employees while acting within the scope of their
employment. The contractor shall provide shelf-life dates on vended
products and ensure only quality merchandise is available in machines.
Quoters are advised to indicate a separate monthly commission
percentage rate of the profits that will be given to the MDC-LA and the
FCI-TI. Quoters will also indicate a separate monthly guaranteed
commission rate for each BOP facility. The Contractor shall pay to the
MDC-LA and the FCI-TI the monthly guaranteed commission or the monthly
quoted percentage rate of profits, whichever is greater. The contractor
will provide accurate accounting of items sold, price, and percentage
of commission and/or profits paid on a monthly basis to each
institution COTR. Selling prices of snack items shall be from $.40 --
$.65; cold cup beverages 18 oz. shall have a selling price of $.60 --
$.65; hot beverages 8-1/4 oz. shall have a selling price of $.25 --
$.30; cold canned sodas/drinks 12 oz. $.60-$.65; milk/juice 1/3
qt.-$.50-$.60; ice cream $.50-$.55. FAR 52.212-1, Instructions to
Offerors -- Commercial Items applies to this acquisition. Addenda to
the provision: Period for acceptance of quotes shall be firm for 60
days; multiple awards will not be made; facsimile copies of offers will
be accepted at telephone number 925/803- 4812; FAR 52.204-6 Contractor
Identification Number -- Data Universal Numbering System (DUNS)
Number; FAR 52.237-1 Site Visit are incorporated by reference. . FAR
52.233-2 Service of Protest is added in full text to this solicitation:
(a) Protests, as defined in Section 33.101 of the Federal Acquisition
Regulation, that are filed directly with an agency, and copies of any
protests that are filed with the General Accounting Office (GAO), shall
be served on the Contracting Officer (addressed as follows) by
obtaining written and dated acknowledgment of receipt from the Chief,
Procurement and Property Branch, Federal Bureau of Prisons, 320 First
Street, N.W., Washington, D.C. 20534. (B) The copy of any protest shall
be received in the office designated above within one day of filing a
protest with the GAO. U.S. Department of Labor Service Wage
Determination/Decision No. 94-2047, Revision 11, dated 7/10/98 applies
to this request for quotations for Vending Machine Repairer Helper,
Vending Machine Attendant, and Vending Machine Repairer. Method of
Performance: The services will be provided in the method considered to
be normal in the local community. FAR 52.212-2 Evaluation --
Commercial Items is applicable to this solicitation. Addenda to the
provision: The following factors shall be used to evaluate quotes:
highest monthly profit percentage quoted and/or highest guaranteed
monthly commission quoted, technical ability/capability: proposed
regularity of refilling machines, proposed normal service calls,
proposed emergency response time for machine repairs, and past
performance: number of years in business, attention to quality of
merchandise, condition of equipment, reliability of employees, accuracy
and promptness of accounting for vended products and payment of monthly
commissions/profits, all for a "best value procurement" award. Quoters
are advised that sufficient information should be submitted to enable
the contracting officer to evaluate quotes based on the above factors.
Quoters are advised that this quotation is solicited under the test
provisions of FAR 13.500 and all quotations shall be evaluated IAW FAR
13.106-2 for a best value procurement. Evaluations shall be inclusive
of option years. Quoters are notified they may offer varying prices
for option years. Prospective contractors are advised that they will be
escorted at all times by a staff member at each prison facility.
Prospective contractors are notified that the following investigative
procedures are required for anyone entering the confines of the MDC-LA
or the FCI-TI: (1) National CrimeInformation Center (NCIC) check; (2)
DOJ-99 (name check); (3) FD-258 (fingerprint check); (4) Law
Enforcement Agency checks; (5) Vouchering of Employers over the past
five years; (6) Resume/Personal Qualifications; (7) OPM-329-A
(Authority for Release of Information); and (8) NACI check if
applicable. Each prospective contractor is also advised that a
urinalysis test is required (for detection of marijuana and other drug
usage) before the contract will be awarded. If the proposed contract
is with an individual, and if the test is positive, the proposed
contractor shall be disqualified from being awarded the contract. If
the proposed contract is with a company and the individual(s) assigned
to perform the work test positive, the individual(s) shall be excluded
and the proposed contractor shall provide acceptable replacement
personnel subject to the same security requirements. The vending
service provided is a contractual arrangement and not a personnel
appointment; Payment will be based on the provision of anend product or
the accomplishment of a specific result; The service does not
constitute an employer/employee relationship; and The contractor will
not be subject to Government supervision except for security related
matters. However, the Contractor's performance shall be closely
monitored. The contractor shall assume the full risk of and
responsibility for any loss, destruction or damage occurring to the
vending machines and operation thereof, except such loss or damage as
may be attributable to the Bureau of Prisons by reason of the
negligence of its employees while acting within the scope of their
employment. Quoters are advised to include a completed copy of the
provision at 52.212-3, Offeror Representations and Certifications --
Commercial Items, with its offer. FAR 52.212-4 Contract Terms and
Conditions -- Commercial Items, applies to this acquisition. Addenda to
the Clause: The following FAR clauses are incorporated by reference:
52.223-5 Pollution Prevention and Right-to-Know Information; 52.224-1
Privacy Act Notification; 52.224-2 Privacy Act; The contractor will be
required to create and operate a system of records to provide accurate
accounting of items vended and percentage of profits or guaranteed
maximums paid to the MDC-LA and the FCI-TI; 52.237-2 Protection of
Government Buildings, Equipment and Vegetation; 52.237-3 Continuity of
Services; 52.232-18 Availability of Funds; 52.225-11 Restrictions on
Certain Foreign Purchases; FAR 52.228-5, Insurance -- Work on a
Government Installation is incorporated by reference. Minimum insurance
required for this contract is as follows: (a) Workers' compensation and
employer's liability. Contractors are required to comply with
applicable Federal and State workers' compensation and occupational
disease statutes. If occupational diseases are not compensable under
those statutes, they shall be covered under the employer's liability
section of the insurance policy, except when contract operations are so
commingled with a contractor's commercial operations that it would not
be practical to require this coverage. Employer's liability coverage
of at least $100,000 shall be required, except in States with exclusive
or monopolistic funds that do not permit workers' compensation to be
written by private carriers. (B) General liability. (1) The contracting
officer shall require bodily injury liability insurance coverage
written on the comprehensive form of policy of at least $500,000 per
occurrence. (C) Automobile liability. The contracting officer shall
require automobile liability insurance written on the comprehensive
form of policy. The policy shall provide for bodily injury and property
damage liability covering the operation of all automobiles used in
connection with performing the contract. Policies covering automobiles
operated in the United States shall provide coverage of at least
$200,000 per person and $500,000 per occurrence for bodily injury and
$20,000 per occurrence for property damage. The amount of liability
coverage on other policies shall be commensurate with any legal
requirements of the locality and sufficient to meet normal and
customary claims. The following FAR clauses provided in full text also
apply: 52.217-8 "Option to Extend Services": The Government may
require continued performance of any services within the limits and at
the rates specified in the contract. These rates may be adjusted only
as a result of revisions to prevailing labor rates provided by the
Secretary of Labor. The option provision may be exercised more than
once, but the total extension of performance hereunder shall not exceed
six months. The Contracting Officer may exercise the option by written
notice to the contractor within 15 days of the expiration of the
contract year. 52.217-9, "Option to Extend the Term of the Contract":
(a) The Government may extend the term of this contract by written
notice to the Contractor within 1 day of the ensuing option period
provided that the Government shall give the Contractor a preliminary
written notice of its intent to extend at least60 days before the
contract expires. The preliminary notice does not commit the Government
to an extension. (B) If the Government exercises this option, the
extended contract shall be considered to include this option provision.
(C) The total duration of this contract including the exercise of any
options under this contract clause shall not exceed 60 months (5
years). Justice Acquisition Regulation (JAR) Clause 2852.279-70,
"Contracting Officer's Technical Representative, (COTR)" is hereby
incorporated by full text, (a) A COTR will be appointed, with names,
addresses, and phone numbers provided at a later date for each facility
under this contract. (B) The COTR is responsible for: receiving all
deliverables; inspecting and accepting the supplies or services
provided hereunder in accordance with the terms and conditions of this
contract; providing direction to the contractor which clarifies the
contract effort, fills in details or otherwise services to accomplish
the contractual Scope of Work; evaluating performance; and certifying
all invoices/vouchers for acceptance of the services furnished for
payment prior to forwarding the original invoices to the payment office
and a confirmed copy to the Contracting Officer. (C) The COTR does not
have authority to alter the contractor's obligations under the
contract, direct changes that fall within the purview of the General
Provisions clause entitled "Changes," and/or modify any of the
expressed terms, conditions, specifications, or cost of the agreement.
Only the Contracting Officer shall sign the modification and issue any
changes in writing. FAR Clause 52.212-5, "Contract Terms and Conditions
Required to Implement Statues or Executive Order-Commercial Items,"
applies to this acquisition. Addenda to this clause: The following FAR
clauses are incorporated by reference: 52.222-26 Equal Opportunity;
52.222-35 Affirmative Action for Special Disabled and Vietnam Era
Veterans; 52.222-36 Affirmative Action for Workers with Disabilities;
52.222-37 Employment Reports on Special Disabled Veterans and Veterans
of the Vietnam Era; 52.222-41 Service Contract Act of 1965, as Amended
(41 U.S.C. 351, et seq.), 52.222-42 Statement of Equivalent Rates for
Federal Hires (29 U.S.C., 206 and 41 U.S.C. 351, et seq., 52.222-43
Fair Labor Standards Act and Service Contract Act -- Price Adjustment
(Multiple Year and Option Contracts) (29 U.S.C. 206 and 41 U.S.C. 351,
et seq.). All responsible sources may submit a quotation which will be
considered. Send original and one copy to: Federal Bureau of Prisons,
Western Regional Contracting Office, 6600 Goodfellow Street, Dublin,
California 94568 ATTN: Patricia Schroeder, Procurement Activation
Coordinator, by 2:00 p.m., local time, September 15, 1998. For
additional information, questions, and availability of forms, please
call 925/803-4769. All facsimile communications (FAX's) will be
accepted at 925/803-4812***** CC: DOJ/OSDBU Posted 08/24/98
(W-SN241087). (0236) Loren Data Corp. http://www.ld.com (SYN# 0102 19980826\S-0005.SOL)
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