The Federal Bureau of Prisons (BOP) intends to award a brand name contract action for Scosche Industries 4 port USB Wall Charger 2 Amp 120 V (QUSBH). This is a brand name, combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 and FAR 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation and the Government does not intend to issue a written solicitation. The solicitation is being issued as a Request for Quote (RFQ) - 0264-2011. The Provisions and Clauses incorporated are those in effect throughout Federal Acquisition Circular 2005-53. The North American Industrial Classification (NAICS) code is 423610. The BOP, Central Office, National Acquisitions & Systems Section, Washington, DC intends to make a single award of a firm-fixed price purchase order. The contractor shall provide delivery based on the effective date of award of the contract. In accordance with FAR 46.503 and 46.403(a) (6), the place of acceptance under this purchase order is FCI Milan, Michigan. It is anticipated that contract award resulting from this solicitation will be made in September 2011. All responsible sources may submit a capability statement, proposal which shall be considered by the agency. This notice is not a request for competitive proposals. THE CLOSING DATE IS MONDAY, SEPTEMBER 26, 2011 AT 10:00 A.M. (EST). CONTRACT CLAUSES: ADDENDUM TO FAR 52.212-4, Contract Term and Conditions-Commercial Items (June 2010) The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4. 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/far. 52.204-4 Printed or Copied Double-Sided on Post Fiber Content Paper (May 2011) 52.212-4 Contract Terms and Conditions-Commercial Items (June 2010) 52.222-36 Affirmative Action for Workers with Disabilities (Oct 2010) 52.222-50 Combating Trafficking in Persons (Feb 2009) 52.227-1 Authorization and Consent (Dec 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.242-15 Stop-Work Order (Aug 1989) The following clauses although incorporated by reference into the solicitation will be incorporated into a resultant contract in full text with applicable fill-in information as noted: 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (MAY 2011)- (b) (1) 52.203-6, (4) 52.204-10, (6) 52.209-6, (13) 52.219-8, (21) 52.219-28, (24) 52.222-3, (25) 52.222-19, (26) 52.222-21, (27) 52.222-26, (29) 52.222-36, (30) 52.222-37, (31) 52.222-40, (36) 52.223-18, (37) 52.225-1, (38) 52.225-3, (ii) Alternate I to 52.225-3, (40) 52.225-13, (41) 52.226-4, (45) 52.232-33, (c) (5) 52.222-51. The following clauses are incorporated into the solicitation in full text: 52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004) 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: 1. Legally resided in the United States (U.S.); 2. worked for the U.S. overseas in a Federal or military capacity; or 3. been a dependent of a Federal or military employee serving overseas. 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 By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction. [End of Clause] 52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA OR OTHER NATIONAL EMERGENCY (MAY 2008) During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absenteeism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in Government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods. The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce. Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation. The types of actions a federal contractor should reasonably take to help ensure performance are: • Encourage employees to get inoculations or follow other preventive measures as advised by the public health service. • Cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services where telework is not an option. • Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful remote work in an emergency. • Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency. • Establish communication processes to notify employees of activation of this plan. • Integrate pandemic health crisis response expectations into telework agreements. • With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period). Security concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropriate. • Determine how all employees who may telework will communicate with one another and with management to accomplish work. • Practice telework regularly to ensure effectiveness. • Make it clear that in emergency situations, employees must perform all duties assigned by management, even if they are outside usual or customary duties. • Identify how time and attendance will be maintained. It is the contractor's responsibility to advise the Government Contracting Officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her absence, another responsible person in the contracting office via telephone or email messages acknowledging the contractor's notification. The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations. The Department does reserve the right in such emergency situations to use Federal employees, employees of other agencies, contract support from other existing contractors, or to enter into new contracts for critical support services. Any new contracting efforts would be acquired following the guidance in the Office of federal Procurement Policy issuance "Emergency Acquisitions", May, 2007 and Subpart 18.2. Emergency Acquisition Flexibilities, of the Federal Acquisition Regulations. [End of Clause] SOLICITATION PROVISIONS: ADDENDUM TO FAR 52.212-1, Instructions to Offerors - Commercial Items (June 2008) The terms and conditions for the following provisions are hereby incorporated into this solicitation as an addendum to FAR provision 52.212-1. 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 52.212-1 Instructions to Offerors - Commercial Items (JUN 2008) 52.212-2 Evaluation Commercial Items (JAN 1999) 52.212-3 Offeror Representations and Certifications - Commercial Items (MAR 2011) 52.216-1 Type of Contract (April 1984) firm-fixed price, indefinite-delivery, requirements type contract 52.219-1 Small Business Program Representations (APR 2011) 52.233-2 Service of Protest (SEPT 1996) (a) Procurement Executive, BOP, 320 First Street, N.W., Room 5005, Washington, DC 20534 52.237-1 Site Visit (APR 1984) TAILORING: In accordance with FAR 12.302 (a), the provision at 52.212-1 is hereby tailored to modify the following elements of the provision. Delete paragraphs at d, h, and i as they have been determined to be non-applicable to this solicitation. The following provisions are incorporated into the solicitation in full text: 2852.233-70 Protest 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. (End of Clause) Faith-Based and Community- Based Organizations (AUG 2005) - can submit offers/bids/quotations equally with other organizations for contracts for which they are eligible. Additional Contract Requirements: Contractors are advised that the Contracting Officer will verify registration in the Central Contractors Registration database (www.ccr.gov) and the Online Representations and Certifications Application (orca.bpn.gov) prior to award of any contract, by entering the potential awardee DUNS number into each database. Failure to complete the registration may result in elimination from consideration for award. Contractors are further advised to mark each individual item within their quote considered privileged or confidential under the Freedom of Information Act with notification that the data is considered confidential and privileged and not subject to mandatory disclosure under the FOIA. CONTRACT PRICING - Contract pricing shall be based on a "per machine" price. The Government reserves the right to award without discussion; therefore, the contractor's initial quote should contain the best terms from a price standpoint. Ordering Official: A purchase order will be issued by the Contracting Officer SUBMISSION OF QUOTES: On letterhead or business stationary, the following information is required: (1) The solicitation number; (2) The time specified in the solicitation for receipt of quotes; (3) The name, address, and telephone number of the quoter including contractor's DUNS number; (4) A technical description of the maintenance services being quoted in sufficient detail to evaluate compliance with the requirements in the solicitation; (5) Terms of any express warranty; (6) Price and any discount terms (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the quoter shall complete electronically); Also FAR 52.209-7 Information Regarding Responsibility Matters (JAN 2011) (b) needs completed as applicable. (9) Acknowledgment of Solicitation Amendments; (10) In regards to past performance information please provide point of contact information for professional references. The contractor should provide a list of the last three contracts awarded to your firm which are of a related nature. Include the following for each: Customer Name, Address, Phone, Fax, Email address; Contract Number; Contact Person; Type of Work; Contract Amount; Contract Status (Active or Complete). The contractor should also provide contact information for a financial reference to include Bank Name, Address, Phone, and Contact Person. If your references will require a Release of Information statement - provide it with your quote submittal. (11) Since the quote is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quoters that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. Quotes must be received at the Federal Bureau of Prisons, National Acquisition and Systems Section, 320 First Street NW, Room 5005, Washington, DC 20534 Attn: Linda D. Townsel, Senior Contract Specialist, no later than 10:00a.m EST on Monday, September 26, 2011 by standard mail to the address above or by email to or
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