15B10121Q00000030_Complete Solicit Pkg.pdf

U.S. Department of Justice

Federal Bureau of Prisons Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

December 3, 2021

RE: 15B10121Q00000030, Solid Waste Removal Services

Federal Prison Camp (FPC) – Alderson, WV

Dear Quoters:

This cover letter precedes the solicitation package that has been prepared by the Federal Bureau of Prisons, Federal Acquisition Office, for the acquisition of Solid Waste Removal Services. This package contains all necessary information for submitting a quote for evaluation for performing these services at FPC Alderson, WV.

Quoters should consider all information provided herein when submitting quotes. Please carefully follow all instructions located in the solicitation package concerning the content, format and submission of your quotes.

All quotes must be received on or before December 30, 2021 at 3:00 pm Central Time. Please email all quotes and required documentation to ldthomas@bop.gov.

If you have questions about the System for Award Management (SAM), Government procurements in general, or need assistance in the preparation of your quote, a local Procurement Technical Assistance Center (PTAC) may be able to help. The Procurement Technical Assistance Program was authorized by Congress in 1985 in an effort to expand the number of businesses capable of participating in the Government marketplace. To locate a PTAC near you, go to http://www.aptac-us.org.

If you have any further questions, please email them to ldthomas@bop.gov. We will consider all questions received and provide responses, where appropriate.

Sincerely, LaShundra D. Thomas, Contract Specialist

Field Acquisition Office mailto:ldthomas@bop.gov http://www.aptac-us.org/ mailto:ldthomas@bop.gov

15B10121Q00000030 Page 1 of 45

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15B10121Q00000030

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

12/03/2021

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

LaShundra Thomas ldthomas@bop.gov

b. TELEPHONE NUMBER (No collect calls)

(972) 352-4529

8. OFFER DUE DATE / LOCAL

TIME

12/30/2021 15:00 CT

CODE BFAO

Federal Bureau of Prisons Field Acquisition Office U.S. Armed Forces Reserve Complex 346 Marine Forces Drive Grand Prairie, TX 75051

9. ISSUED BY UNRESTRICTED OR X SET ASIDE:100.00 % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 562111

SIZE STANDARD: $41,500,000

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

15B101CODE15. DELIVER TO

Federal Bureau of Prisons FPC Alderson One Glen Ray Road Alderson, WV 24910

CODE 15B10116. ADMINISTERED BY

Federal Bureau of Prisons FPC Alderson One Glen Ray Road Alderson, WV 24910

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

15B101CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FPC Alderson One Glen Ray Road Alderson, WV 24910

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

To provide Solid Waste Removal Services for FPC Alderson for a Base Year, four 12-month Option years and 6 month option period.

Firm Fixed Price

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

LaShundra Thomas

31c. DATE SIGNED

12/03/2021

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

15B10121Q00000030 Page 2 of 45

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

15B10121Q00000030 Page 3 of 45

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

Sect 2.1 Schedule of Supplies/Services Continued Sect 2.2 Statement of Work Sect 2.3 Special Contract Conditions

3 Contract Clauses 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Jun 2020) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018) 52.228-5 Insurance-Work on a Government Installation (Jan 1997) 52.232-18 Availability of Funds (Apr 1984) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.216-18 Ordering (Aug 2020) 52.216-19 Order Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

52.233-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL

CONTRACTORS (OCT 2021) (DEVIATION)

52.252-6 Authorized Deviations in Clauses (Nov 2020)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

OR OTHER NATIONAL EMERGENCY (May 2008) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) 52.21-603-70 Contracting Officer's Representative (COR) (June 2012) 52.2852.242-71 Evaluation Of Contractor Performance Utilizing CPARS (Apr 2011) DOJ-01 Whistleblower Information Distribution (Oct 2021) DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021); (Alt. I) -- Classified Information -- Cleared Contractors 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Sep 2021)

4 List of Attachments 5 Solicitation Provisions

52.204-7 System for Award Management (Oct 2018) 52.212-1 Instructions to Offerors-Commercial Items (Sep 2021) 52.217-5 Evaluation of Options (July 1990) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)

5.1 Addendum to FAR 52.212-1

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020) 52.212-3 Offeror Representations and Certifications-Commercial Items (Feb 2021)

15B10121Q00000030 Page 4 of 45

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0001 Provide Solid Waste Removal Services (Approximately 30 pulls (each)/month for 12 months = 356 pulls (each)/year for the Base Year, March 1, 2022 through February 28, 2023 (estimated maximum)

PSC: S222

356 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0002 Provide Solid Waste Removal Services (Approximately 30 pulls (each)/month for 12 months = 356 pulls (each)/year for the Option Year 1, March 1, 2023 through February 28, 2024 (estimated maximum)

PSC: S222

356 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0003 Provide Solid Waste Removal Services (Approximately 30 pulls (each)/month for 12 months = 356 pulls (each)/year for the Option Year 2, March 1, 2024 through February 28, 2025 (estimated maximum)

PSC: S222

356 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0004 Provide Solid Waste Removal Services (Approximately 30 pulls (each)/month for 12 months = 356 pulls (each)/year for the Option Year 3, March 1, 2025 through February 28, 2026 (estimated maximum)

PSC: S222

356 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0005 Provide Solid Waste Removal Services (Approximately 30 pulls (each)/month for 12 months = 356 pulls (each)/year for the Option Year 4, March 1, 2026 through February 28, 2027 (estimated maximum)

PSC: S222

356 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0006 Provide Solid Waste Removal Services (Approximately pulls 30 (each)/month for 6 months = 178 pulls (each)/year for the 6 month option period (estimated maximum)

PSC: S222

178 EA $________ $_________________

15B10121Q00000030 Page 5 of 45

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0007 Total of Base Year, All Option Years and 6 month option period (Lines 1-6).

PSC: S222

1 EA $________ $_________________

Sect 2.1 Schedule of Supplies/Services Continued

Pricing Methodology Quoters are required to submit, as part of their quote, a completed copy of Section 2, “Commodity or Services Schedule.” The quantity of services to be provided by the Contractor is estimated. These estimates are not a representation to a quoter or contractor that the estimated quantities will be required or ordered, or that conditions affecting requirements will remain stable or normal.

Contract pricing shall include all charges to the Government for providing the services required by this solicitation/contract.

Pursuant to FAR 17.203(b), the Government’s evaluation shall be inclusive of options. The Government will evaluate quotes for award purposes by adding the total price of all options to the total price of the base year requirement. Pursuant to FAR 17.203(d), the quoters may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

Current Contract Details:

This is an existing requirement. The current contract information is as follows: Incumbent - Southern Sanitation, Contract No. – DJBP010100000060, Contract Amount - $607,188.72 and Expiration Date - 2/28/22.

Sect 2.2 Statement of Work

Purpose The Federal Bureau of Prisons (BOP), Field Acquisitions Office, Grand Prairie, Texas, intends to award a firm-fixed price requirements type contract for the provision of Solid Waste Removal Services for the Federal Prison Camp (FPC), Alderson, West Virginia.

General Information The Federal Prison Camp (FPC) is located at Glen Ray Road in Alderson, West Virginia. The FPC intends to make a single award for the provision of trash removal services to a responsible contractor who can provide the services in accordance with the stated requirements. The Contractor shall provide complete trash removal services to include pick-up, haul, dump, and relocate for the FPC. The base period of performance will be from the Effective Date of Award through twelve (12) months, with the government’s unilateral right to award up to four (4), one (1) year option years to run consecutively.

Place of Performance FPC Alderson, Glen Ray Road, Alderson, West Virginia 24910.

Minimum Qualification Requirements The contractor must be registered and licensed with the proper authorities to provide required services. The contractor must provide, with their quote, photocopies of documents evidencing abilities to perform required services in the State of West Virginia.

Required Services The contractor will be required to provide complete solid waste removal services including provision of equipment to collect, pick-up, haul, and dump trash from FPC Alderson as follows:

1. One 6 yard dumpster to be located by the apartments for staff housing.

2. One 30 cubic yard open top dumpsters for construction debris.

3. One 20 cubic yard self-contained compactor with 23-cubic yard receiver to be located at the Food Service department.

4. One 2 cubic yard stationary compactor to be located beside A-Building.

5. One 20 cubic yard open top unit for Recycling Center.

6. Contractor to provide dumping of dumpsters and transportation to and from landfill.

15B10121Q00000030 Page 6 of 45

7. Contractor to be responsible for all associated landfill fees.

The contractor shall be required to provide on a monthly basis to the Contracting Officer (CO) or Contracting Officer’s Representative (COR) written reports as follows:

1. A poundage report on all recyclable materials (excluding aluminum cans).

2. Cost savings of all recyclables, i.e. poundage cost at the landfill vs. actual sales of recyclable materials (excluding aluminum cans).

3. Total number of pulls per dumpster and weigh slip for each dumpster.

Equipment Equipment and Supplies: All equipment necessary to perform the requested service will be furnished by the contractor. Equipment repairs are the sole responsibility of the contractor.

Compactors: The minimum requirements for the compactors are as follows: a dual piston operating ram, securable metal access lids to the hopper, key controlled push button operated control box to each compactor, and a pressure gauge to measure the compaction level of each compactor. The contractor shall provide a complete trash removal service to include rental, pick-up, haul, dumps, relocate, clean, repair and maintenance, (including hydraulic oil). The containers shall be standard commercial-industrial type of heavy gauge metal construction and designed for mechanized handling. The containers shall be freshly painted at the start of the contract and periodically during the contract to maintain a pleasant appearance. The contractor shall perform all maintenance, repair and cleaning of all equipment and components associated with the compact unit.

Open Top Dumpsters: The containers shall be standard commercial-industrial type of heavy gauge metal construction and designed for mechanized handling. The containers shall be freshly painted at the start of the contract and periodically during the contract to maintain a pleasant appearance. The contractor shall perform all maintenance, repair and cleaning of all equipment and components associated with the open top unit.

Replacements: The contractor will be required to replace or repair all compactors/containers if broken or damaged, without further cost to FPC.

Contractor vehicles: The Contractor shall use vehicles specifically designed for refuse collection and which do not permit loss of refuse. The Contractor shall have sufficient equipment for execution of this contract.

Schedules and Pickup Trash Pick-up: Trash will not be segregated prior to pick-up. The “contents” of the compactor including all garbage, refuse, and trash inside, resting upon or in the immediate vicinity of the compactor and that which might be spilled by collectors during pick-up, shall be thoroughly and completely collected. The compactor’s waste material will consist of solid and/or wet waste from food service and other departments within the institution. The open top containers will be used solely for construction demolition material. The pick-up schedule may be altered to meet the needs of the institution and the FPC may require additional pulls and will notify the Contractor in advance as needed. The Contractor must, upon notification of the FPC, complete the additional pulls within 24 hours. Extra pull charges will not differ from the normal contracted rate.

Performance Schedule: In general, the contractor shall provide service Monday through Friday between the hours of 7:00am and 4:00pm; however, the Government reserves the right to change frequency of pick-ups and make changes to the performance schedule as necessary.

Residential Dumpster: Pick-up to be one (1) day per week.

Compactors: Pick-up to be two (2) days per week- Tuesday and Friday, excluding federal holidays. Pick-up shall be after noon and compactors must be returned by 4:00 p.m. on day of pick-up.

Construction Debris Dumpster: Will call basis (24 times per year, per unit)

Recycling Center Dumpsters: Will call basis (24 times per year, per unit)

Removal and Disposal: The trash shall be removed and disposed of outside the Government premises. The disposal method shall be in accordance with Local, State, and Federal Government Health and Sanitation Codes and Regulations. The disposal of waste shall be in a legally and environmentally safe manner. The Contractor shall provide written documentation stating that the approved landfill meets all Local, State, and Federal regulations.

15B10121Q00000030 Page 7 of 45

Cleanliness of Collection Area: Collection stations shall be left in a neat and orderly manner. All solid waste in the vicinity of the collection area, including spillage and waste left or spilled in the area by the contractor user, shall be picked up by the Contractor, including all areas within ten (10) feet of the containers.

Receipts / Invoices: The Contractor shall provide copies of all actual weight slips and destination slips of all trash removed from FPC Alderson. Said slips must be actual weights obtained from the hauler weight slips. The receipts shall be addressed to the COR at the FPC and shall be sent with the invoice for each month. The weight slips are not a basis for payment, they are for record keeping purposes. Each invoice shall provide tonnage amount and total amount charged for each.

Inclement Weather Schedule: Refuse shall be collected as scheduled during inclement weather unless specific approval to delay is requested by the Contractor and approved by the Contracting Officer. The contractor is advised that when the need arises where the compactor needs to be serviced due to excess refuse, the contractor will be responsible for making an extra service call. The contractor will be notified by the CO or COR to order service. Due to the nature of the correctional setting, delays in performance of work may be expected. Such delays may include, but are not limited to, inclement weather, electrical or mechanical problems, or other security matters. When the contractor reports to the institution, but is unable to perform services due to such delays, the contractor may be entitled to compensation of his time. The contracting officer shall be responsible for negotiating fair and reasonable payment if required. When advance notice is given of cancelled service calls, the Government will not be subject to payment.

Holiday Schedule: When a scheduled collection falls on a Federal Holiday, the pick-up shall be made the following day at the regularly scheduled time at no additional cost to the Government.

Contract Completion: Upon completion of this contract, all Contractor furnished equipment must be removed from the institution before the final invoice can be paid.

Continuity of services: To ensure continuity of essential services, the Contractor shall be prepared to fully commence work on the start date of the contract and should not assume that Government or previous Contractor employees will be available to guide, direct or specifically orientate each Contractor employee.

Institution Security The contractor will be cleared for work by standard Bureau of Prisons policy (noted below). The contractor agrees to adhere to all regulations and guidelines prescribed by the institution for the safety and custody of inmates. The contractor shall attend an orientation program prior to assuming involvement. Reimbursement to the contractor for time spent in the institution orientation or other specific security related training will be allowed at the pro-rated session hourly rate. An I.D. card will be issued for proper identification and must be worn at all times while on the institution grounds. The contractor will be required to sign in and out of the institution each work day for accountability process.

Due to the nature of the correctional setting, delays in performance of work may be experienced. Such delays may include but are not limited to inclement weather, institution emergency, institutional activities or other security matters.

Security requirements

(a) Security clearances: The Contracting Officer’s Representative (COR) for this contract is responsible for conducting the appropriate vouchering, law enforcement checks, and ensuring that fingerprinting is indirectly employed by the contractor that may need access inside the confines of the perimeter.

The Human Resources Department will establish a security file that will commence at the beginning of the contract and remain for the duration of the contract.

The following information will be maintained in this file: a)NCIC (National Crime Information Center Check); b)DOJ-99 (Name Check); c)FD-258 (Fingerprint Check); d)OPM-329 A (Authority for Release of Information); and e)Urinalysis.

These requirements are in accordance with BOP P.S. 3000.2.

Further requirements may be required if the contractor is working in a sensitive position.

Primary concerns are the amount of contact that may occur between the contractor and the inmate population during the performance of this contract.

(b) The contractor may not possess intoxicating beverages, drugs, weapons, etc., in any vehicle or upon their person while on the institution property. Any person suspected of utilizing intoxicating beverages, drugs, etc., during the performance of this contract will not be permitted on the premises of the institution.

PAYMENT TERMS

15B10121Q00000030 Page 8 of 45

The contractor must provide a means for electronic payment to include bank routing and account number. Payment terms as specified in FAR 52.212-4(g), the due date for making an invoice payment by the designated payment office shall be the 30th day after the receipt of invoice. The contractor can however offer discount payment terms for prompt payments as specified in block 12 on the SF-1449 form of this solicitation. A summarized listing of sessions performed during the respective month must be submitted to:

Accounting, Federal Prison Camp, P.O. Box A, Alderson, WV 24910.

Sect 2.3 Special Contract Conditions

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. It is anticipated that the contract resulting from this solicitation will be awarded in March 2021 and with an anticipated effective date of award (EDOA) of March 1, 2022. On or about the EDOA, FPC Alderson will issue a task order to the contractor. The contractor shall commence full performance of services on the EDOA.

The resulting contract will include a base year period from March 1, 2022 through February 28, 2023 with four (4) possible 12-month option years for renewal at the unilateral discretion of the Government as well as a 6 month option period. Quoters are advised that the Government has the unilateral right to exercise option periods in accordance with FAR 52.217-9, "Option to Extend the Term of the Contract” and 52.217-8, "Option to Extend Services." Pursuant to FAR 17.203(b), the Government's evaluation shall be inclusive of options.

Performance:

The periods of performance of the resulting contract shall be as follows:

Base year – March 1, 2022 through February 28, 2023 Option 1 – March 1, 2023 through February 29, 2024 Option 2 – March 1, 2024 through February 28, 2025 Option 3 – March 1, 2025 through February 28, 2026 Option 4 – March 1, 2026 through February 28, 2027 6 Month Option Period

Point of Acceptance:

The point of acceptance destination is FPC Alderson located at Glen Ray Rd. Box A, Alderson, WV 24910.

Non-Personal Services Information (BPAP 37.103(g):

Award of this contract shall not be construed as a personnel appointment, but the result of a contractual arrangement only. The services shall not constitute an employer/employee relationship. Payments to the Contractor shall be based on the provision of an end product or the accomplishment of a specific task. Results to be obtained are within the Contractor's own unsupervised determination.

The Contractor will not be subject to Government supervision but its efforts will be monitored for quality assurance.

Contracting Officer’s Representative (COR):

The Contracting Officer will designate in writing a COR who shall be responsible for:

a. Monitoring technical progress, including surveillance and assessment of performance and issuing technical changes;

b. Interpreting the scope of work;

c. Technical evaluation as required;

d. Technical inspection and acceptance;

e. Assisting in the resolution of technical problems encountered by the service provider during contract performance;

f. Monitoring funds available for obligation;

g. Ensuring that task orders are issued in accordance with appropriate terms;

h. h) Ensuring that invoices and payments are processed in a timely manner;

i. i) Assisting in the resolution of administrative problems encountered by the service provider during the contract performance.

The Contracting Officer’s Representative (COR) will periodically evaluate the contractor’s performance of the contract. In this evaluation, the performance of individual contractor will be evaluated by the COR and/or the Unit Team. If the performance of an individual contractor is deemed unacceptable based on the COR and/or Facilities Manager, that contractor will no longer perform those said duties. In this event, the company will be responsible for replacing that contractor. All duties outlined in this Statement of Work shall be performed in accordance with standards and methods generally accepted within the Contractor’s own field of expertise.

Reviews:

15B10121Q00000030 Page 9 of 45

The Contracting Officer or designee is authorized to review by on-site survey, review of records, or by any other reasonable manner, the quality of supplies rendered under this contract. All records shall be subject to review by the Contracting Officer or other representative of the BOP.

Payment Terms:

Payments will be denied when such service does not support the charges or if the service is deemed not necessary or appropriate. Such determinations may be made by the Contracting Officer or COR, whichever is appropriate. All records shall be subject to review by the Contracting Officer or other delegated representatives of the BOP.

Contracting Officer Responsibility:

Authority to negotiate changes in the terms, conditions, or amounts cited in this resulting contract is reserved to the Contracting Officer. This responsibility may be delegated to an Administrative Contracting Officer by the Contracting Officer.

Contract Administration Office (CAO):

The Contracting Office at FPC Alderson is assigned to be the CAO for a resultant contract. This assignment carries with it the authority to perform all normal contract administration functions as listed in FAR 42.302(a), items 1 through 70; to the extent those functions apply to this contract. This assignment also includes delegation of authority to perform functions specified in FAR 42.302(b), items 1 through 11.

Ordering Official:

Task orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for FPC Alderson with an appropriate certificate of appointment. Each task order will identify the supply schedule for that period. Orders can be issued orally or electronic commerce methods. The OF-347, SF-1449, or purchase card acquisition form will be used as the task order.

Contract Security/Investigative Requirements:

The employees of the Contractor entering the institution shall meet certain security requirements to receive an institutional pass as required by Bureau of Prisons Program Statement 3000.03 dated December 19, 2007. Primary concerns are the amount of contact that may occur between the contractor and his/her employees with the inmate population during the performance of the contract.

The program manager at the FPC is responsible for conducting the appropriate vouchering, law enforcement checks, and ensuring that fingerprinting is completed on all Contractor staff that may need access inside the confines of the secure perimeter. The personnel department will establish a security file that will be maintained on each of the Contractor's employees from the beginning of the contract through its duration. The following investigative procedures will be performed:

(1) National Crime Information Center (NCIC) check;

(2) Declaration of Federal Employment (OF-306);

(3) FD-258 (fingerprint check);

(4) Law Enforcement Agency checks;

(5) Vouchering of Employers;

(6) Employment Resume;

(7) Completed Contractor Pre-employment Questionnaire;

(8) Release of Information;

(9) Questionnaire for Sensitive Positions (SF-85 for Low Risk, SF-85P for above low risk);

(10) Credit Check, if applicable;

(11) Urinalysis, if applicable.

By submitting a quote, the Contractor and its employees agree to complete the required documents and undergo the listed procedures.

An individual employee of the Contractor who does not pass the security clearances will be unable to perform services under the contract. The final determination and completion of the security investigation procedures will be made at the sole discretion of the FMC. All persons are advised that a urinalysis test for the detection of marijuana and other drug usage shall be performed.

Any person(s) testing positive shall be disqualified from performing under the resulting contract. Any individual employed by the Contractor deemed not suitable by the Bureau of Prisons requirements will not be granted access to perform services under the contract. This is a condition of the contract. The Contractor must be in compliance with Department of Justice regulations at 8 CFR 274a regarding the employment of aliens. A copy of this directive is available upon the Contractor's request.

In addition, each Contractor employee must attend an orientation program at the institution. The purpose of this program is to familiarize Contractor employees with FPC operations, the institution, and general rules of conduct and procedures inside the institution. Contractor employees shall adhere to all institution regulations regarding conduct and performance. Contractor employees will be allowed access to the institution at the sole discretion of the Chief Executive Officer (CEO). Any individual performing under

15B10121Q00000030 Page 10 of 45 this contract may be removed if it becomes apparent that his/her conduct does not reflect the conduct of that prescribed for those people performing under non-personal service contracts.

15B10121Q00000030 Page 11 of 45

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Items (Oct 2018)

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.

Clauses By Reference

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

Clause Title Fill-ins (if applicable)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To

Inform Employees of Whistleblower Rights (Jun 2020)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018)

52.228-5 Insurance-Work on a Government Installation (Jan 1997)

52.232-18 Availability of Funds (Apr 1984)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Dec 2013)

Clauses By Full Text

52.216-18 Ordering (Aug 2020)

(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 performance period through the last day of the effective performance period [insert dates].

(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) A delivery order or task order is considered "issued" when--

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either--

15B10121Q00000030 Page 12 of 45

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(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 one unit [insert dollar figure or quantity], 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 [insert dollar figure or quantity];

(2) Any order for a combination of items in excess of the estimated quantities identified in the Schedule of Items within the current performance [insert dollar figure or quantity]; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (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 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)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or 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.

(b) 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.

(c) 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.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) 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.

15B10121Q00000030 Page 13 of 45

(f) 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 performance period.

(End of clause)

52.217-8 Option to Extend Services (Nov 1999)

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 the estimated quantities identified in the Schedule of Items within the current performance [insert the period of time within which the Contracting Officer may exercise the option].

(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 within the estimated quantities identified in the Schedule of Items within the current performance [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] 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 (5) (months) (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. 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, 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)

52.233-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021)

(DEVIATION)

(a) Definition. As used in this clause –

United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

15B10121Q00000030 Page 14 of 45

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

(End of clause)

52.252-6 Authorized Deviations in Clauses (Nov 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Justice Acquisition Regulation. [insert regulation name] (48 CFR 28) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(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

15B10121Q00000030 Page 15 of 45 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]

2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 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)

52.21-603-70 Contracting Officer's Representative (COR) (June 2012)

(a)Joseph Flack ,Facility Manager , FPC Alderson,304-445-3300 x 5300, is hereby designated as the Contracting Officer's Representative (COR) under this contract.

(b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provide hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contractor 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.

(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.