Bag in the Box Beverage Services

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; quotes are being requested and a written solicitation will not be issued. This solicitation is being issued as a Request for Quote for the United States Penitentiary (USP) Canaan under the number RFQP02151400008. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-72. This acquisition is being solicited as a 100% set aside for small business with a North American Industrial Classification (NAICS) code of 311930, Flavoring Syrup and Concentrate Manufacturing, 500 employees. The contract periods will consist of a 12-month base period and four 12-month option periods for renewal with an estimated maximum requirement per contract period to include 1095 five gallon bag-in-box (BIB) and 144 cases of two gallon coffee concentrate (see attachment II). DELIVERY ORDER INFORMATION: USP Canaan will place orders for products as needed. Product shall be delivered Monday through Friday with the exception of Federal Holidays and no later than 15 working days after receipt of order. PRICING METHODOLOGY: The Government intends to make a single award to a quoter, pursuant to affirmative determination of responsibility, whose quote, conforming to the solicitation, is determined to be the most advantageous to the Government considering price and past performance. The Government reserves the right to award without discussion; therefore, the initial quote should contain the quoters best terms from a price standpoint. The Government intends to make an award of a firm-fixed price contract on an all-or-none basis. The Contractor shall be able to provide the items no later than 30 days after date of award. The Contractor shall provide bag in the box beverages and equipment upon request by the institution as detailed in the Statement of Work. The Contractor shall include all associated charges to the Government for providing the supplies and services required by this solicitation/contract (e.g., equipment and servicing, etc.). The quantity of supplies/services to be provided by the Contractor is estimated in the Schedule of Items (see attachment II). These estimates are not a representation to a quoter or Contractor that the estimated quantities will be required or ordered, or that conditions effecting requirements will remain stable or normal. Contract pricing shall include all charges to the Government for performing the supplies and services required by this solicitation/contract. You are required to submit a completed copy of the Schedule of Items inclusive of the base year and all option periods. Pursuant to FAR 17.203(b), the Government's evaluation shall be inclusive of options. Pursuant to FAR 17.203(d), the quoter may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered. AWARD METHODOLOGY: The Government will award a single contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, considering price related factors and past performance. TYPE OF CONTRACT: The Government contemplates a single award of an indefinite delivery/requirements type contract, with firm-fixed unit prices resulting from this solicitation. Upon mutual agreement of both parties, a bilateral contract will be established in accordance with FAR 4.101. It is anticipated that the effective date of award resulting from this solicitation will be June 1, 2014. ORDERING OFFICIAL: In accordance with FAR 52.216-18, request for supplies will be made via issuance of individual delivery orders. Delivery orders may be issued only by the Contracting Officer (CO), Administrative Contracting Officer, or an ordering official for the institution with an appropriate certificate of appointment or a delegation of authority for purchase card purchases. CONTRACT CLAUSES: 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 FAR clause may be accessed electronically at this address: www.acquisition.gov. Full text copies of Justice Acquisition Regulation (JAR) clauses or BOP clauses may be requested in writing from the Contracting Officer. 52.212-4 Contract Terms and Conditions-Commercial Items (Sep 2013) with addendum to incorporate the additional clauses listed below into this solicitation and any resulting contract. 52.203-3 Gratuities (Apr 1984) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (May 2011) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.223-5 Pollution Prevention and Right to Know Information (Aug 2003) 52.232-18 Availability of Funds (Apr 1984) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.242-13 Bankruptcy (Jul 1995) 52.253-1 Computer Generated Forms (Jan 1991) The following clauses are incorporated into this solicitation/contract by full text 52.216-18 Ordering (Oct 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the first day of the effective contract period through the last day of the effective contract period. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (End of clause) 52.216-19 Order Limitations (Oct 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than five cases, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor-(1) Any order for a single item in excess of the estimated quantities identified in the Schedule of Items within the current performance period; (2) Any order for a combination of items in excess of the estimated quantities identified in the Schedule of Items within the current performance period; or (3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of Clause) 52.216-21 Requirements (Oct 1995) This is a requirements 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. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment. (a) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (b) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. (c) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. (d) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source. (e) 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 the last day of the effective contract period. (End of clause) 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 prior to the expiration of the current performance period; 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 five years. (End of Clause) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) Funds are not presently available for performance under this contract beyond September 30 of the base year or any option year exercised. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30 of the base year or any option year exercised, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. (End of Clause) 52.24-403-70 Notice of Contractor Personnel Security Requirements (Oct 2005) Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201) entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I. 1. Long-Term Contractor Personnel: In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term contractor employee whose background investigation (BI) process begins on or after October 27, 2005: a) Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form I-9, OMB No. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture ID); b) Contractor Personnel must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed sometime during the clearance process but prior to badge issuance and must be documented by the DOJ official; c) Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position. Outlined below are the minimum BI requirements for each risk level: - High Risk - Background Investigation (5 year scope) - Moderate Risk - Limited Background Investigation (LBI) or Minimum Background Investigation (MBI) - Low Risk - National Agency Check with Inquiries (NACI) investigation d) The pre-appointment BI waiver requirements for all position sensitivity levels are a: 1) Favorable review of the security questionnaire form; 2) Favorable fingerprint results; 3) Favorable credit report, if required; 4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level; and 5) Favorable review of the National Agency Check (NAC) portion of the applicable BI that is determined by position sensitivity/risk level. A badge may be issued following approval of the above waiver requirements. If the NAC is not received within five days of OPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau of Investigation Criminal History Check (i.e., fingerprint check results). e) Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges issued under these procedures will be suspended or revoked. 2. Short-Term Contractor Personnel: It is the policy of the DOJ that short-term contractors having access to DOJ information systems and/or DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items 1a. and 1b. above. The pre-appointment waiver requirements for short-term contractors are: a. Favorable review of the security questionnaire form; b. Favorable fingerprint results; c. Favorable credit report, if required; and d. Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commensurate BI does not need to be initiated. A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of issuance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PIV-I identity proofing process. For example, if a contractor employee requires daily access for a three or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a second request is submitted for the same contractor employee within a twelve- month period for the purpose of extending the initial contract or for employment under a totally different contract for another three or four-week period, this contractor would now be considered "long-term" and must be cleared according to the long-term requirements as stated in this interim policy. 3. Intermittent Contractors: An exception to the above-mentioned short-term requirements would be intermittent contractors. a. For purposes of this policy, "intermittent" is defined as those contractor employees needing access to DOJ information systems and/or DOJ facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For example, the water delivery contractor that delivers water one time each week and is working on a one-year contract. b. Contractors requiring intermittent access should follow the Department's escort policy. Please reference the August 11, 2004, and January 29, 2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted access. c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contractor, the same pre-employment background investigation waiver requirements that apply to short-term contractors are required. d. If an intermittent contractor is approved for unescorted access, the contractor will only be issued a daily badge. The daily badge will be issued upon entrance into a DOJ facility or space and must be returned upon exiting the same facility or space. e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year. 4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated BI meeting HSPD-12 and DOJ's BI requirements. 5. The DOJ's current escorted contractor policy remains unchanged by this acquisition notice. 1. FIPS 201 is available at: www.csrc.nist.gov/publications/fips/fips201/FIPS-201-022505.pdf 2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-I identity proofing process, including initiation and adjudication of the required background investigation, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-II) requires badge issuance to all affected long-term contractors. 3. For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre- appointment waiver package. 4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations to OPM. Per OPM's instructions, to obtain an Advance NAC Report, a Code " 3" must be placed in block " B " of the " Agency Use Only " section of the investigative form. This report is available for all case types. 5. For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre- appointment waiver package. (End of Clause) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (Jun 1996) (a) "Unsafe condition" as used in this clause means the actual or potential exposure of contractor or Government employees to a hazardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other material or working condition designated by the Contracting Officer's Technical Representative (COTR) as potentially hazardous and requiring safety controls. (b) The Occupational Safety and Health Administration (OSHA) is responsible for issuing and administering regulations that require contractors to apprise its employees of all hazards to which they may be exposed in the course of their employment; proper conditions and precautions for safe use and exposure; and related symptoms and emergency treatment in the event of exposure. (c) Prior to commencement of work, contractors are required to inspect for and report to the contracting officer or designee the presence of, or suspected presence of, any unsafe condition including asbestos or other hazardous materials or working conditions in areas in which they will be working. (d) If during the performance of the work under this contract, the contractor or any of its employees, or subcontractor employees, discovers the existence of an unsafe condition, the contractor shall immediately notify the contracting officer, or designee, (with written notice provided not later than three (3) working days thereafter) of the existence of an unsafe condition. Such notice shall include the contractor's recommendations for the protection and the safety of Government, contractor and subcontractor personnel and property that may be exposed to the unsafe condition. (e) When the Government receives notice of an unsafe condition from the contractor, the parties will agree on a course of action to mitigate the effects of that condition and, if necessary, the contract will be amended. Failure to agree on a course of action will constitute a dispute under the Disputes clause of this contract. (f) Nothing contained in this clause shall relieve the contractor or subcontractors from complying with applicable Federal, State, and local laws, codes, ordinances and regulations (including the obtaining of licenses and permits) in connection with hazardous material including but not limited to the use, disturbance, or disposal of such material. (End of Clause) 52.21-603.71 Evaluation of Contractor Performance Utilizing CPARS (Apr 2011) The services, although not directly supervised, shall be reviewed by the Federal Bureau of Prisons (BOP) staff to ensure contract compliance. The contractor's performance will be evaluated in accordance with FAR 42.15. Contract monitoring reports will be prepared by the Contracting Officer's Representative (COR) and maintained in the contract file. In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit it to the Past Performance Information Retrieval System (PPIRS). The BOP utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to provide contractor performance evaluations. The contractor shall provide and maintain a current e-mail from the Focal Point thru the following website address contact@example.gov when the contractor is registered in CPARS. The e-mail will contain a "user ID" and temporary password to register in the CPARS system. The contractor must be registered to access and review its evaluation and/or provide a response. If assistance is review its evaluation and/or provide a response. If assistance is required when registering, please contact the Contracting Staff/Focal Point. (End of Clause) 52.27-103-72 DOJ Contractor Residency Requirement Bureau of Prisons (Jun 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) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Jan 2014)(See Attachment V) OTHER CONTRACT TERMS AND CONDITIONS: Contracting Officer's Representative (COR): A COR will be appointed upon contract award. Schedule of Required Insurance As required by FAR clauses 52.228-5 entitled "Insurance-Work on a Government Installation" the contractor shall, at its own expense, provide and maintain during the entire performance of the resulting contract, at least the kinds and minimum amounts of insurance required as listed below: Workers Compensation & Employers Liability: The contractor shall comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of a 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. (FAR 28.307-2(a)) Comprehensive General Liability: $500,000 per accident on occurrence for bodily injury. This insurance shall include contractor's protective and liability (FAR 28.307-2(b)). Before commencing work under this contract, the contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required coverage shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the state in which this contract is to be performed, or (2) until 30 days after insurer or the contractor gives written notice to the Contracting Officer, whichever period is longer. The contractor shall insert the substance of this clause, including this paragraph, in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain insurance required in the schedule or elsewhere in the contract. The contractor shall maintain a copy of all subcontractor's proofs of required insurance, and shall make copies available to the Contracting Officer upon request. List of Attachments: ATTACHMENT I - CONTRACT PRICING/SCHEDULE OF ITEMS ATTACHMENT II - STATEMENT OF WORK ATTACHMENT III - BUSINESS MANAGEMENT QUESTIONNAIRE ATTACHMENT IV - OFFEROR REPRESENTATIONS AND CERTIFICATIONS ATTACHMENT V - CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS SOLICITATION PROVISIONS: 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998). This solicitation incorporates one or more 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. Also, the full text of a FAR clause may be accessed electronically at this address: www.acquisition.gov 52.212-1 Instructions to Offerors - Commercial Items (Jul 2013) tailored to delete paragraphs at e and i as they have been determined to be non-applicable to this solicitation. Paragraph c is changed from 30 days to 60 days. The additional provisions listed below are incorporated into this solicitation via addendum to this provision. 52.217-5 Evaluation of Options (Jul 1990) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran- Representation and Certifications (Dec 2012) 52.237-1 Site Visit (Apr 1984) PROVISIONS BY FULL TEXT 52.212-3 Offeror Representations and Certifications - Commercial Items (Nov 2013) (See Attachment IV) 52.216-1 Type of Contract (Apr 1984) The Government contemplates award of an indefinite delivery/requirements type contract with firm fixed unit prices from this solicitation. (End of provision) 52.233-2 Service of Protest (Sep 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Procurement Executive, Federal Bureau of Prisons, 320 First Street NW, Room 5005, Washington, DC 20534. (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of provision) 52.27-103-71 Faith-Based and Community-Based Organization (Aug 2005) Faith-based and Community-based organizations can submit offers/bids/quotations equally with other organizations for contracts for which they are eligible. (End of Provision) 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 Departm...