B_Tab_1_Solicitation_1.pdf

U.S. Department of Justice Federal Bureau of Prisons

Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

RE: Request for Quote 15B20318Q00000001 Solid Waste Removal Services Federal Correctional Institution (FCI) – Danbury, CT

Dear Quoter:

Attached is a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the provision of Solid Waste Removal Services for FCI Danbury. This package contains all necessary information to submit a quote.

When submitting your quote, you shall consider all information provided herein. Please carefully follow all instructions located on pages 20-21 of the solicitation package concerning content, format, and submission of quotes.

All potential quoters are advised that this solicitation includes the clause at FAR 52.212-4 for Commercial Items. Paragraph (t), System for Award Management (SAM), of this clause requires that all quoters doing business with the Federal Government to be registered in the SAM database. Quoters should include their Data Universal Number System (DUNS) number in their quotes. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardees DUNS number into the SAM database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award. For the purposes of this solicitations, all quoters SAM registration should include NAICS code 562111.

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.

Quotes shall be received on or before the deadline of January 23, 2019, at 2:00 p.m. Central Time. Quotes shall be submitted electronically via email to csolis@bop.gov in pdf format only and will be deemed received at the time as indicated on the email notification. Faxed and hand delivered quotes will not be accepted. Quotes received after the quote deadline will be handled in accordance with FAR 212-1(f).

Please submit any questions you may have in writing. Questions may be submitted via email to csolis@bop.gov.

Sincerely, //s// Chico O. Solis, Contracting Officer mailto:csolis@bop.gov mailto:csolis@bop.gov.

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

15B20318Q00000001

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

01/15/2019

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME

Chico O. Solis csolis@bop.gov

b. TELEPHONE NUMBER (No collect calls)

972-352-4537

8. OFFER DUE DATE / LOCAL

TIME

01/23/2019 14:00:00

CODE 15B203

Federal Bureau of Prisons FCI Danbury

33-1/2 PEMBROKE ROAD

ROUTE 37

DANBURY, CT 06811

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: $38,500,000

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

15B203CODE15. DELIVER TO

Federal Bureau of Prisons FCI Danbury

33-1/2 PEMBROKE ROAD

ROUTE 37

DANBURY, CT 06811

CODE 15B20316. ADMINISTERED BY

Federal Bureau of Prisons FCI Danbury

33-1/2 PEMBROKE ROAD

ROUTE 37

DANBURY, CT 06811

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

15B203CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCI Danbury

33-1/2 PEMBROKE ROAD

ROUTE 37

DANBURY, CT 06811

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 FCI Danbury, CT., in accordance with the Statement of Work.

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)

Chico Solis

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

15B20318Q00000001 Page 1 of 10

0094-19

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Year: Effective Date of Award (EDOA) through 12 Months from EDOA.

0.000000 $____________ $___________________

0001AA Supply - (1) 30-cubic yard compactor operated electronically and hydraulically. Container must me water tight and leak proof.

104 PULLS

104.000000 EA $____________ $___________________

0001AB Supply - (1) 4-cubic yard closed container to be located at Camp Food Service Building.

104 PULLS

104.000000 EA $____________ $___________________

0001AC Supply - (1) 40-cubic yard container to be located at Institution Garage (Boneyard) for wood and building materials.

12 PULLS

12.000000 EA $____________ $___________________

0001AD Supply - (1) 4-cubic yard closed container to be located at Upper Pump House.

104 PULLS

104.000000 EA $____________ $___________________

0001AE Supply - (1) 8-cubic yard closed container to be located at the Camp Commissary, outside the institution.

52 PULLS

52.000000 EA $____________ $___________________

0001AF Supply - (28) 32-gallon containers to be located at the 14 Staff Housing Units. (2) per unit.

104 PULLS

104.000000 EA $____________ $___________________

0001AG Supply - (1) 8-cubic yard container located at the Outside Unicor Building.

52 PULLS

52.000000 EA $____________ $___________________

0001AH Supply - (1) 4-cubic yard container located at the BOQ Building.

52 PULLS

52.000000 EA $____________ $___________________

0001AJ Supply - (1) 2-cubic yard container located at the Firing Range.

12 PULLS

12.000000 EA $____________ $___________________

0001AK Supply - (1) 6-cubic yard closed container located at the FSL.

104 PULLS

104.000000 EA $____________ $___________________

0002 Option Year One: 13 Months from EDOA through 24 Months from

EDOA.

0.000000 $____________ $___________________

0002AA Supply - (1) 30-cubic yard compactor operated electronically and hydraulically. Container must me water tight and leak proof.

104 PULLS

104.000000 EA $____________ $___________________

0002AB Supply - (1) 4-cubic yard closed container to be located at Camp Food Service Building.

104 PULLS

104.000000 EA $____________ $___________________

0002AC Supply - (1) 40-cubic yard container to be located at Institution Garage (Boneyard) for wood and building materials.

12 PULLS

12.000000 EA $____________ $___________________

0002AD Supply - (1) 4-cubic yard closed container to be located at Upper Pump House.

104 PULLS

104.000000 EA $____________ $___________________

0002AE Supply - (1) 8-cubic yard closed container to be located at the Camp Commissary, outside the institution.

52 PULLS

52.000000 EA $____________ $___________________

0002AF Supply - (28) 32-gallon containers to be located at the 14 Staff Housing Units. (2) per unit.

104 PULLS

104.000000 EA $____________ $___________________

15B20318Q00000001 Page 4 of 10

0002AG Supply - (1) 8-cubic yard container located at the Outside Unicor Building.

52 PULLS

52.000000 EA $____________ $___________________

0002AH Supply - (1) 4-cubic yard container located at the BOQ Building.

52 PULLS

52.000000 EA $____________ $___________________

0002AJ Supply - (1) 2-cubic yard container located at the Firing Range.

12 PULLS

12.000000 EA $____________ $___________________

0002AK Supply - (1) 6-cubic yard closed container located at the FSL.

104 PULLS

104.000000 EA $____________ $___________________

0003 Option Year Two: 25 Months from EDOA through 36 Months from

EDOA.

0.000000 $____________ $___________________

0003AA Supply - (1) 30-cubic yard compactor operated electronically and hydraulically. Container must me water tight and leak proof.

104 PULLS

104.000000 EA $____________ $___________________

0003AB Supply - (1) 4-cubic yard closed container to be located at Camp Food Service Building.

104 PULLS

104.000000 EA $____________ $___________________

0003AC Supply - (1) 40-cubic yard container to be located at Institution Garage (Boneyard) for wood and building materials.

12 PULLS

12.000000 EA $____________ $___________________

0003AD Supply - (1) 4-cubic yard closed container to be located at Upper Pump House.

104 PULLS

104.000000 EA $____________ $___________________

0003AE Supply - (1) 8-cubic yard closed container to be located at the Camp Commissary, outside the institution.

52 PULLS

52.000000 EA $____________ $___________________

0003AF Supply - (28) 32-gallon containers to be located at the 14 Staff Housing Units. (2) per unit.

104 PULLS

104.000000 EA $____________ $___________________

0003AG Supply - (1) 8-cubic yard container located at the Outside Unicor Building.

52 PULLS

52.000000 EA $____________ $___________________

0003AH Supply - (1) 4-cubic yard container located at the BOQ Building.

52 PULLS

52.000000 EA $____________ $___________________

0003AJ Supply - (1) 2-cubic yard container located at the Firing Range.

12 PULLS

12.000000 EA $____________ $___________________

0003AK Supply - (1) 6-cubic yard closed container located at the FSL.

104 PULLS

104.000000 EA $____________ $___________________

0004 Option Year Three: 37 Months from EDOA through 48 Months from

EDOA.

0.000000 $____________ $___________________

0004AA Supply - (1) 30-cubic yard compactor operated electronically and hydraulically. Container must me water tight and leak proof.

104 PULLS

104.000000 EA $____________ $___________________

0004AB Supply - (1) 4-cubic yard closed container to be located at Camp Food Service Building.

104 PULLS

104.000000 EA $____________ $___________________

0004AC Supply - (1) 40-cubic yard container to be located at Institution Garage (Boneyard) for wood and building materials.

12 PULLS

12.000000 EA $____________ $___________________

0004AD Supply - (1) 4-cubic yard closed container to be located at Upper Pump House.

104 PULLS

104.000000 EA $____________ $___________________

0004AE Supply - (1) 8-cubic yard closed container to be located at the Camp Commissary, outside the institution.

52 PULLS

52.000000 EA $____________ $___________________

15B20318Q00000001 Page 5 of 10

0004AF Supply - (28) 32-gallon containers to be located at the 14 Staff Housing Units. (2) per unit.

104 PULLS

104.000000 EA $____________ $___________________

0004AG Supply - (1) 8-cubic yard container located at the Outside Unicor Building.

52 PULLS

52.000000 EA $____________ $___________________

0004AH Supply - (1) 4-cubic yard container located at the BOQ Building.

52 PULLS

52.000000 EA $____________ $___________________

0004AJ Supply - (1) 2-cubic yard container located at the Firing Range.

12 PULLS

12.000000 EA $____________ $___________________

0004AK Supply - (1) 6-cubic yard closed container located at the FSL.

104 PULLS

104.000000 EA $____________ $___________________

0005 Option Year Four: 49 Months from EDOA through 60 Months from

EDOA.

0.000000 $____________ $___________________

0005AA Supply - (1) 30-cubic yard compactor operated electronically and hydraulically. Container must me water tight and leak proof.

104 PULLS

104.000000 EA $____________ $___________________

0005AB Supply - (1) 4-cubic yard closed container to be located at Camp Food Service Building.

104 PULLS

104.000000 EA $____________ $___________________

0005AC Supply - (1) 40-cubic yard container to be located at Institution Garage (Boneyard) for wood and building materials.

12 PULLS

12.000000 EA $____________ $___________________

0005AD Supply - (1) 4-cubic yard closed container to be located at Upper Pump House.

104 PULLS

104.000000 EA $____________ $___________________

0005AE Supply - (1) 8-cubic yard closed container to be located at the Camp Commissary, outside the institution.

52 PULLS

52.000000 EA $____________ $___________________

0005AF Supply - (28) 32-gallon containers to be located at the 14 Staff Housing Units. (2) per unit.

104 PULLS

104.000000 EA $____________ $___________________

0005AG Supply - (1) 8-cubic yard container located at the Outside Unicor Building.

52 PULLS

52.000000 EA $____________ $___________________

0005AH Supply - (1) 4-cubic yard container located at the BOQ Building.

52 PULLS

52.000000 EA $____________ $___________________

0005AJ Supply - (1) 2-cubic yard container located at the Firing Range.

12 PULLS

12.000000 EA $____________ $___________________

0005AK Supply - (1) 6-cubic yard closed container located at the FSL.

104 PULLS

104.000000 EA $____________ $___________________

Aggregate Pricing (Base Year + All Options): $______________________________

2.1 Pricing Methodology

The quantity of services to be provided by the Contractor is estimated. These estimates are not a representation to a quoter or contract-or 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 In addition, all quoters shall indicate the the trip fee for unperformed pickup due to security matters.

$________________ Trip Fee for Unperformed Pickup (Due to Security Measures).

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

15B20318Q00000001 Page 6 of 10 quoters may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered

15B20318Q00000001 Page 7 of 10

2.2 – Statement of Work

SUBJECT

The Federal Correctional Institution (FCI) Danbury located in Danbury, Connecticut, intends to make a single award for the provision of solid waste removal services for FCI Danbury located at 33 ½ Pembroke Road, Danbury, CT- 06811 .

SCHEDULE:

The Contractor shall provide all equipment and labor required for trash removal services at the different locations specified for pick-up . The following equipment must be provided:

1. One (1) 30 - cubic yard compactor operated electronically and hydraulically.

Compactor is to be located within the Institution. Container must be watertight and leak proof. Container must be emptied on Tuesdays and Fridays between 5:30 a.m. and 6:00 a.m.

2. One (1) 4-cubic yard closed container to be located at the Camp Food Service Building. Container must be emptied every Monday and Friday before 12:00 p.m.

3. One (1) 40-cubic yard container to be located by the Institution Garage (Boneyard) for wood and building materials. Container must be emptied the first Friday of every month no later than 2:00 p.m.

4. One (1) 4-yard closed container to be located at the Upper Pump House. Container is to be emptied every

Tuesday and Friday before 12:00 pm

5. One (I) 8-cubic yard closed container to be located at the Camp Commissary, outside the Institution. Container must be emptied every Friday before 12:00 p.m.

6. Trash pickup twice weekly for 14 Staff Housing Units with two (2) 32-gallon containers. Pick-up is every Tuesday and Friday before 2:00 p.m.

7. One (1) 8-cubic yard container located at the Outside Unicor Building. Container is to be emptied every

Friday before 12:00 p.m.

8. One (1) 4-yard container to be located at the BOQ Building. Container is to be emptied every Friday before

12:00 p.m.

9. One (1) 2-cubic yard container to be located at the Firing Range to be emptied every third Friday of every month.

10. One (6) yard closed container to be located at the FSL. Container is to be emptied every Tuesday and Friday before 12:00 pm.

THE ABOVE SCHEDULE IS SUBJECT TO CHANGE BASED ON THE NEEDS OF FCI DANBURY. IF

CONTAINERS BECOME FULL PRIOR TO SCHEDULED PICK-UP, THE CONTRACTOR WILL BE NOTIFIED BY

THE CONTRACTING OFFICE'S REPRESENTATIVE (COR) OR THE CONTRACTING OFFICER (CO) WHEN

SPECIAL PICK-UPS ARE REQUIRED, SPECIAL PICK-UPS WILL BE ON A "WILL CALL" BASIS. THE TIME

FRAME FOR THE SPECIAL PICK-UPS SHALL BE MADE IN AGREEMENT WITHIN THE "WILL CALL"

INSTRUCTIOS OF THE COR/CO OR WITHIN TWENTY FOUR (24) HOURS OF THE "WILL CALL".

Container and Compactors: The containers shall be standard commercial-industrial type of heavy gauge metal construction, leak proof and designed for mechanized handling. The containers shall be freshly painted at the start of the contract and periodically during the term of the contract to maintain a pleasing appearance. The Contractor's name and local phone number shall be prominently displayed on the containers. The containers shall be repaired, repainted or replaced at the Contractor's option within five (5) hours of notification by the Contracting Officer or the Contracting Officer's Technical representative

(COTR). A certified weight slip shall be provided to the Government each time a container is dumped.

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.

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.

Trash Pick-up: Trash will not be segregated prior to pick-up. The "contents" of the container including all garbage, refuse and trash inside, resting upon or in the immediate vicinity of the container and that which might be spilled by collectors during pick-up shall be thoroughly and completely collected.

Removal and Disposal: The trash shall be removed and disposed of outside Government premises. The disposal method shall be in accordance with Local, State and Federal Government Health and Sanitation

Codes and Regulations. All fees associated with the disposal are the responsibility of the Contractor.

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.

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.

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 contract user, shall be picked up by the Contractor, including all areas within ten (10) feet of containers.

Receipts: The Contractor shall provide copies of all weight slips and destination slips of all trash and recyclables removed from FCI Danbury. The receipts shall be address to the Contracting Officer's

Technical Representative (COTR) at the Federal Correctional Institution (FCI) Danbury 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.

Description of Duties:

The Contractor shall provide services that include; transportation, collection, labor, and equipment necessary for the removal and disposal of solid waste, trash, refuse and debris from FCI Danbury to a disposal site (landfill). The

Contractor shall be responsible for all trash, garbage, and debris spilled from any container during the pulling and hauling process. All material in the containers becomes the property of the Contractor upon removal from Federal property and is the responsibility of the Contractor to dispose of the material in a lawful and proper manner. The term "pickups" shall mean the same as pulls, hauls and /or dumps.

The Contractor shall make pick-ups as schedule and shall furnish and/or install Contractor owned containers/equipment at all institution locations.

During the trash removal process at the pickup sites and disposal route on Government Property, keep the area adjacent to the containers clean of debris. Clean and perform maintenance on containers/compactors as necessary.

Institution Security:

The Contractor agrees to adhere to all regulations prescribed by the institution for the safety, custody, and conduct of inmates. Access to the containers will be available only during the scheduled hours, unless prior approval of the COR is obtained.

While on institution grounds and prior to departure, the operator, equipment, and vehicle shall be subject to security checks and inspections. The Government reserves the right for security reasons to prohibit certain vendor employees from entering the facility.

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 on a scheduled pickup but is unable to perform services due to such delays, the contractor will be paid for their time in the form of a predetermined trip fee. The unperformed pickup may be rescheduled at the BOP's discretion may be performed on the next regularly scheduled pickup. Charges for the trip fee should be presented as separate line item charges on each invoice.

Section 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 February

2018 and with an anticipated effective date of award (EDOA) of March 1, 2019. On or about the EDOA, FCI Danbury will issue a task order to the contractor. The contractor shall commence full performance of services on the EDOA. Therefore, all background clearances shall be completed prior to the EDOA.

The resulting contract will include a base year period from the effective date of award (EDOA) through 12 months from the EDOA with four (4) possible 12-month option years for renewal at the unilateral discretion of the Government. 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.”

Performance Period(s): The anticipated effective date of award (EDOA) is February 1, 2019.

Base Year: EDOA through 12 months from EDOA;

Option Year 1: 13 months from EDOA through 24 months from EDOA;

Option Year 2: 25 months from EDOA through 36 months from EDOA;

Option Year 3: 37 months from EDOA through 48 months from EDOA;

Option Year 4: 49 months from EDOA through 60 months from EDOA.

Point of Acceptance: The point of acceptance for services is FCI Danbury.

Non-Personal Services Information: This service is a contractual arrangement and not a personnel appointment. Payment is based on the provision of an end product or the accomplishment of a specific task. The service does not constitute an employer/employee relationship. The contractor will not be subject to Government supervision, except for security related matters. However, contractor performance shall be monitored. The contractor shall attend all training required by the Bureau of Prisons for contract workers. The contractor will not be permitted to attend institution meetings, staff recalls or Government training sessions for institution staff.

Medical Malpractice. Except as provided elsewhere in this contract, the Contractor shall provide and maintain medical malpractice and such other insurance during the period of this contract. Refer to Federal Acquisition Regulation (FAR) 52.237-7, Indemnification and Medical Liability Insurance.

If the Contractor or physician who is providing services under this contract has pending litigation or administrative proceedings that may affect his/her license to practice medicine or standing as a fellow member in a professional organization, full disclosure shall be provided to the COR and CO within five calendar days upon official notification.

If it is determined by the medical legal review that the standard of care has not been met or there is substantial evidence of negligence on the part of the Contractor or contract employee, regardless of the final judicial decision, the physician may lose his/her privileges to practice at the BOP.

Reviews: 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 services rendered under this contract. All records shall be subject to review by the Contracting Officer or other representative of the BOP.

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 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 FCI Danbury 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 FCI Danbury with an appropriate certificate of appointment. Each task order will identify the services schedule for that period. Orders can be issued orally, by facsimile, mail, or electronic commerce methods. Task orders will take the form of a purchase request or purchase card acquisition form.

Contract Security/Investigative Requirements: The Contractor will not be subject to Government supervision, except for security related matters and monitoring of contract performance.

The following investigative procedures may be applied and appropriate forms completed before any Contractor employees are permitted inside an institution:

National Crime Information Center (NCIC) Check;

DOJ-99 - Name Check;

FD-258 - Fingerprint Check;

Law Enforcement Agency Check;

Vouchering of employers over the past five years for each individual instructor or employee;

Resume/Personal Qualifications;

OPM-329-A - Authority for Release of Information;

NACI Check (if applicable).

In addition to the above procedures, Contractor employees must agree to undergo a urinalysis test (for the detection of marijuana and other drug usage). If a test result is positive, the individual(s) shall be excluded and the Contractor shall provide acceptable replacement personnel subject to the same security requirements. Before a quote can be considered for award, the Contractor must agree to submit to the all the above security requirements.

Statement of Equivalent Hires: The applicable fill in information for FAR 52.222-42, Statement of Equivalent Hires (May 2014) is as follows: Truckdriver, Tractor-Trailer, Code 31364 - $18.10 plus benefits; Radiologic Technologist, Code 12305 - $23.00 plus benefits. As stated in the contract clause, this is for information purposes only.

Department of Labor Wage Determination: The applicable DOL Wage Determination for this procurement has been determined to be Wage Determination No. 2015-4353. The current revision of the determination is attached for informational purposes.

Schedule of Insurance: In accordance with FAR 52.212-4(q), the Contractor shall comply with all applicable Federal, State, and local laws for the requirements of maintaining applicable insurance coverage.

Section 3 – Contract Clauses

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.acquistion.gov/far

Clause Title

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.232-18 Availability of Funds (Apr 1984)

Clauses 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 current performance period through the last day of the current performance 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 one clinic, 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)

(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.

(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)

52.217-9 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 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, but excluding the exercise of any option under the clause at 52.217-8, Option to Extend Services which is incorporated into this contract, shall not exceed 5 years.

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) 1 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 2 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;3

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) 4 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;5 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.

Notes:

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.

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 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.

• Contractors should 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 performance 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 Bureau of Prisons (BOP) to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her absence, the Contracting Officer’s Technical Representative, via telephone or e-mail messages acknowledging the contractor’s notification. The incumbent contractor is responsible for assisting the BOP in estimating the adverse impacts of nonperformance and to work diligently with the BOP to develop a strategy for maintaining continuity of operations.

The BOP does reserve the right in such emergency situations to use Federal employees, employees of other agencies, contracting 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 Policy issuance “Emergency Acquisitions”, dated 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 Representative (COR) 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…