SOLICITATION_FOR_FDC_PHILADELPHIA.pdf

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The Contractor shall provide non-personal services, upon request by the institution as detailed in the Statement of Work (SOW). The Government reserves the right to award without discussion. Therefore, each initial quote should contain the quoter’s best terms from a cost or price standpoint.

2.1 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.

2.2 Statement of Work

A. INTRODUCTION

The Bureau of Prisons (BOP), Federal Detention Center (FDC), located in Philadelphia, Pennsylvania, requires an elevator maintenance and repair contract as outlined in this Statement of Work (SOW). The base year of performance shall begin on the effective date of award through one year. Four additional one year option periods may be exercised in accordance with the terms of the resultant contract.

B. PERFORMANCE

1. Elevator Maintenance and Repair Services will be performed throughout the FDC located at 700 Arch Street, Philadelphia, PA 19106.

The anticipated periods of performance are based on the assumption that the government will make an award. In accordance with the terms of the resultant contract, the government has the unilateral right to award the additional option year periods, but is not obligated to do so.

2. METHOD OF PERFORMANCE

a. The Contractor shall provide all equipment, labor, and expertise required for the repair, maintenance, and inspections for the total of six (6) elevators at the FDC Philadelphia. The following equipment is on site and will be included in this agreement:

(1) Three (3) Geared 6,000 pound passenger traction elevators with Ten (10) stops in line, manufactured by

Dover Elevator Co.;

(2) One (1) Geared 6,000 pound passenger traction elevator with Fourteen (14) stops, Two (2) rear openings, manufactured by Dover Elevator Co.;

(3) One (1) 2,500 pound passenger hydraulic elevator with Three (3) stops in line, manufactured by Dover

Elevator Co.;

(4) One (1) 6,000 pound hydraulic freight elevator with Three (3) front and Two (2) rear openings, manufactured by Dover Elevator Co.

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b. All work performed by the Contractor shall comply with local, state, and national codes and regulations.

Contractors will allow only properly trained, competent, and licensed individuals to perform inspections, maintenance, and repairs on equipment.

c. Contractor will be required to perform annual governor and safety tests on all traction elevators, and annual relief pressure tests on hydraulic elevators. These tests will be conducted in accordance with city, state, and national codes. Contractor will also provide 5 year load test on all required elevators.

d. All licenses, permits, and fees related to the repair of elevators shall be the responsibility of the Contractor.

e. All equipment, supplies, tools, parts, controls, and laptop with appropriate software shall be supplied by the

Contractor.

f. The Contractor shall be responsible for all spills and related cleanup cost, when spills occur as a result of equipment or container failure.

g. The Contractor shall provide copies of all receipts related to the inspection, repair or maintenance of the elevators. The receipts shall be addressed to the Contracting Officer’s Representative (COR) at FDC Philadelphia and shall be sent a minimum of once per calendar month. The COR shall receive the receipts no later than the fifth working day of the following month.

h. At no time shall FDC Philadelphia be without elevator service in the building.

3. REPAIRS BEYOND THE SCOPE OF THIS CONTRACT

a. Any repair work that is beyond the scope of the resultant contract shall be immediately reported to the COR, but work shall NOT be performed unless directed to do so by the Contracting Officer or his designated representative. The Contractor shall furnish the COR with an estimate of labor hours, parts, material, handling and shipping charges to be utilized. When authorized to perform any repair job, the Contractor shall ensure that each mechanic (s) signs in and out in a log established by the COR for contract administration purposes.

The Contractor will be compensated for repair services beyond the scope of the resultant contract as follows:

a. Labor Cost: The Contractor will be reimbursed for labor hours expended at the federal facility, as evidenced by the sign in sign out sheet based on the scope of work not under the resultant contract.

b. Parts and Materials Cost: The Contractor will be reimbursed for parts and materials at cost, plus shipping charges. A material handling charge may be included in the charge of the material at cost, provided it is clearly excluded from the labor rate cost.

c. The Government reserves the right to furnish any or all parts and/or materials required for a particular repair to the Contractor as Government-furnished property. If the Contractor furnished the parts and/or materials, the price to be paid shall be on the basis of established catalog or list prices, in effect when material is furnished, less all applicable discounts, but in no event shall such price be in excess of the Contractor’s sale price to his most favored customers for the same item in like quantity, or the current market price, whichever is lower.

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b. All orders of repair work must be placed or confirmed by the COR by a request for a purchase order called in by the contracting officer. A credit card request may be used for repairs under the established micro-purchase limit.

4. MAINTENANCE SERVICE – (Four (4) man-hours/month/elevator is the estimated minimum)

Routine maintenance examination (aside from regular preventative maintenance) shall be performed at a frequency of monthly for gearless equipment, geared equipment, and hydraulic equipment. During these examinations, the following components are to be checked and all necessary work performed relative to cleaning, lubrication, and adjustments must be checked in accordance with the following schedule:

a. Monthly Observations

(1) DOOR AND GATE OPERATIONS: Check door stability doors should close freely without noise or rubbing against each other.

(2) DOOR CLOSURE: Observe door opening and closing with door astragals intact, door safety edges, and if elevator stops even with floor landings. Observe the operation of the electric eyes to see if they are aligned and operating correctly.

(3) MACHINE ROOM: Observe oil levels, break applications, belts, grease fittings, brushes, oil grease buildup and any oil spills equipment. Observe to see if machine room is required dusting and sweeping.

Observe to see if machine room doors close properly.

(4) GENERATOR AND GOVERNOR ROOM: Observe if room is required dusting and sweeping. Check governor for oil grease buildup and that seals are intact.

b. The Contractor shall furnish all labor, supplies, parts and material necessary to perform cleaning, maintenance, inspection, repairs or replacements to elevators, equipment, appurtenance, and accessories (B.4.e below); including hoist machinery, motor generators, controllers, selectors, cables, ropes, worm gears, trust bearings, break magnet coils, brake shoes, brushes, windings, commutators, rotating elements, contacts, coils, resistors for operation and motor circuits, magnetic frames, telephones, cams, car door and hoisting door hangers, tracks and guides, door operating devices, interlocks, and contacts, hatch lighting (minimum 60 watt illumination), pit light bulb replacement in signal system, and all other elevator signal and accessory equipment complete, where included as part of the elevator installation at the time the bid for this work is submitted. The Contactor is responsible for replacement of all machine room light bulbs or tubes, hatchway and pit receptacles and light sockets. Particular attention is to be given to maintaining all emergency light units in an operable condition.

c. Where applicable to hydraulic elevators go above listed part shall include the cylinder head, plunger exposed surfaces, plunger gland and packing, pumps, exposed piping, fitting and flexible pipe connections, operating control, check in relief valves, gauges, storage, discharge, pressure and vacuum tanks.

d. All lubricants, oils, greases, rope preservatives, and cleaning materials are to be furnished by the Contractor.

Lubricants are to be of the proper grade for the purpose used.

e. Accessories as referred to include all accessories that are an integral part of the elevators to be serviced, and include, but are not limited to the following:

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(1) Lights, emergency and standard lighting (and germicidal lights where applicable)

(2) Emergency exit doors and hardware

(3) Telephones and intercom systems

(4) Fire service automatic recapture systems

(5) Electric eyes

(6) Electronic detectors

(7) Fans

(8) Blowers

(9) Call buttons and illumination for same

(10) Call position indicator lighting

(11) Kick plates

(12) Hand rails

f. Replacement Parts to be Supplied by Contractor

(1) The Contractor shall maintain a stock of replacement parts at the company servicing site that is to perform services. It is vitally necessary that replacement parts be immediately available so the elevator service will not be subject to interruptions and stoppages. Parts shall remain the property of the elevator Contractor, however, limited space will be available for on-site storage.

(2) The Contractor shall own and store at the local service facility, a minimum of one of each size and type used of the following parts. The Contractor shall also replenish the stock as used.

(a) Door operator motors

(b) Generator and motor brush sets

(c) Controller and selector switch contacts and coils

(d) All selector contacts, brushes and perforated tape or aircord drive

(e) Door interlocks assembly complete

(f) Car door safety edge complete

(g) Car door photo electric safety device and other door protection equipment, where applicable

(h) Hanger rollers for both car and hall doors

(i) Limit switches and terminal stopping switches

(j) Complete roller guide assemblies or replaceable inserts for slide guide, for car and counter weight, whichever is applicable

(k) Capacitors, resistors and miscellaneous relate springs

(l) Replacement parts for contacts, sockets, switches, and buttons and car operating panel and all signal fixtures.

(3) An up-to-date inventory a spare parts shall be maintained at the building specified. This inventory shall contain the description and part number all items listed above (B.5.a). When requested, the parts shall be made available for inspection by the Government’s representative.

(a) The Contractor shall be able to provide the following parts for each type and size of elevator within 48 hours of establishment of the need for such part(s).

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(i) The period of time for furnishing the parts may be extended by the contracting officer, if fully justified in the opinion of the Contracting Officer, and if requested by the Contractor within the original time period.

• Brake magnets, cores, coils and related items for the repair of the break.

• Electric timer circuit boards.

• Transformers and rectifiers.

• On hydraulic elevators, all of the above will apply in addition to pumps and valves.

• Supply special tools that are required to make repairs without undue delay.

• Solid state controls, power packs, and dispatching control cards.

(b) The Contractor shall also be responsible for refinishing, repairing, or replacing any additional parts when made necessary by ordinary wear and tear, except for the following listed items:

• Car enclosure.

• Hoistway enclosure.

• Hoistway doors, door frames, and sills.

• Tile or carpet.

• Underground hydraulic piping.

(c) All parts replaced under the provisions of the resultant contract shall be new and identical to original equipment manufacturer’s replacement parts.

5. INSPECTION AND TESTING SERVICES

a. Inspections

(1) Periodic inspections of the elevators required by the National American Standard Safety Code for Elevators and Escalators (current edition), will be performed under separate contract/agreement, in accordance with existing Local and State Codes. Upon completion of a routine inspection, the Maintenance Contractor will furnish an inspection report listing deficiencies for which he is responsible to correct within ninety (90) days. Items marked emergency shall be corrected immediately. All inspection reports to be delivered to the Facility Manager within 72 hours.

(2) The maintenance Contractor shall notify the Contracting Officer or his representative in writing that deficiencies have been corrected, and re-inspection may be made. The Maintenance Contractor will be notified of the schedule for periodic inspections and tests so that he may make his personnel available to accompany the inspector during any inspections, at no additional cost to the Government.

b. Testing

(1) The following services will be performed by the Contractor at intervals specified in the American National Standard Safety Code for Elevator and Dumbwaiter manual. The Contractor will supply all equipment necessary for all test.

(2) Tests include, but are not limited to, the following:

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• Car safety and rated load.

• Buffer acceptance test.

• Load and speed test.

• Plunger return test.

• Emergency light, telephone.

(3) Inspection and tests will be performed under a separate contract/agreement by another Contractor.

(4) Inspection of Associated Fire Alarm Systems performed by others will require technician support during the Annual Fire Alarm System Inspection and is not expected to require more than two days per year.

6. CALL BACK SERVICE

a. The Contractor shall provide regular and emergency call-back service when requested by authorized representatives of the Contracting Officer.

b. Regular call-back service consist of responding (within two (2) hours) to requests from the Government by telephone or other means during the hours of 7:00 a.m. through 3:30 p.m. Monday through Friday, (Government holidays excluded), and proceeding to make necessary repairs and adjustments.

c. Emergency call-back service consists of promptly responding (within two (2) hours) to requests from the

Government by telephone or other means for emergency service, at any hour other than preceding paragraph above.

7. RECORDS TO BE SUPPLIED BY THE GOVERNMENT

a. Any available drawings may be obtained from the Facility Manager on signed receipt for their use, and such drawings shall be retained on Government premises. Applicable changes shall be noted on drawings and they shall be maintained up-to-date, and upon termination or expiration, shall be returned to the Facility Manager.

8. SCHEDULING WORK AND REPORTING ACCOMPLISHMENTS OR DEFECTS

a. Scheduling Work

(1) All work shall be performed by skilled craftsmen of the elevator trade, directly employed and supervised by the Contractor.

(2) Except for group supervisory control system tests on elevators and emergency call-back service, all work shall be performed during the hours of 7:00 a.m. through 3:30 p.m. Monday through Friday, (Government holidays excluded).

(3) The Contractor shall submit an annual schedule of all periodic maintenance by dates, elevators, and building(s).

b. Reporting Accomplishment

(1) The Contractor shall instruct his personnel that any time they perform work under the resultant contract they shall comply with the following procedures:

(a) Contact the Facility Manager or his/her representative when first arriving at the building.

(b) If the work is of a continuing nature, a check-in visit will be repeated each day

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(c) At the completion of the work, the Contractor’s employee(s) shall turn into the Facility Manager or his/her authorized representative a copy of a work order, repair order, or a form which will furnish the following information:

• Name and address of the Contractor.

• Name of the Contractor’s employee in charge of the work.

• Date(s) work performed and hours expended.

• Brief description of work performed including equipment identification.

• Signature of Contractor’s employee and signature block for Facility Manager or his/her authorized representative.

(2) The Contractor shall provide and keep current a suitable check chart for each elevator posted in the machine rooms of the building, on which entries shall be made to indicate the status of scheduled items of maintenance work performed, and the time in man-hours. The Contractor must properly initial the chart to indicate that the work has been accomplished.

c. Reporting Defects

(1) The Contractor shall immediately notify the Contracting Officer (IN WRITING) of the existence or the development of any defects in, or repairs to the elevators for which the Contractor considers he/she is not responsible under the terms of the resultant contract, and shall furnish the COR with a written estimate of the cost to make necessary repairs. The Contracting Officer reserves the right to make final determination as to responsibility.

MISCELLANEOUS

a. The elevators covered by the resultant contract shall be maintained in a satisfactory and safe operating condition, in accordance with the requirements of these specifications, and be capable of providing their initial maximum capacity, speed and performance at all times. The Government reserves the right to make such tested as and when deemed advisable to ascertain that the requirements of these conditions are being fulfilled.

b. The Contractor shall maintain elevators, equipment, appurtenances and accessories so as to comply with the requirements of the latest edition of American Standard Safety Code for Elevators, A.17.a, and all other applicable laws, regulations, rules, ordinances, codes, etc… The ANSI Elevator Inspection Manual A.17.2, shall be used as a guide to establish that equipment is operating safely.

c. The Contractor shall maintain the original contact speed for each elevator car, in feet per minute, and original performance time, which includes acceleration and retardation as designed and installed by the manufacturer.

The Contractor shall perform necessary adjustments as required to maintain the original door opening and closing time, within limits of applicable codes.

d. Response time for repairs shall be as follows (Refer to B.6 – CALL BACK SERVICE):

(1) Monday through Friday: Respond within two (2) hours of notification by the COR. FDC Philadelphia work hours are Monday through Friday 7:00 a.m. to 3:30 p.m.

(2) Weekends and Holidays: Respond within two (2) hours of notification by the COR.

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e. The Contractor shall maintain a computer (laptop or desktop) with appropriate software to effect data logging, proper diagnostics, and troubleshooting of elevators in the elevator equipment room. (Refer to B.2.e).

f. Other than during emergency call back service, all elevator mechanics assigned to FDC Philadelphia shall obtain and maintain a Contractor Escort Badge (Refer to B.20).

9. QUALITY CONTROL PROGRAM

a. The Contractor shall establish a complete quality program to assure the requirements of the resultant contract are provided as specified. Within five (5) work days prior to starting date of the resultant contract, the Contractor shall submit a copy of his/her program to the Contracting Officer. The program shall include, but not limited to the following:

(1) An inspection system covering all the services described in the resultant contract. A checklist used in inspecting the resultant contract performance during performance during regularly scheduled or unscheduled inspections. The name (s) of the individual (s) who will perform the inspection.

(2) The checklist shall include every area of the Contractors operation as well as every task required to be performed.

(3) A system for identifying and correcting deficiencies in the quality of services before the level of performance becomes unacceptable and /or the Government inspectors point out the deficiencies.

(4) A file of all inspections conducted by the Contractor and the corrective action taken. This documentation shall be made available to the Government during the term of the contact.

10. CONTRACTOR EMPLOYEES

a. Qualifications of Project Manager

(1) The Project Manager responsible for the management and scheduling of work to be performed under the resultant contract shall possess, prior to employment as Project Manager on the resultant contact, the following minimum work related experiences in the field of elevator operation and maintenance:

(a) At least four (4) years of recent (within the last six (6) years) in the management and supervision of elevator operation and maintenance of the kind of elevators (number, hydraulic, electric solid state, group supervisory controls, ECT…) to be maintained under the resultant contract.

(b) Each bidder shall include as part of his/her bid, a detailed resume for the Project Manager that the bidder intends to utilize under any resultant contract. As a minimum, each resume should contain the following :

• The full name of the proposed Project Manager.

• A detailed description of the previous six (6) years employment history of the proposed Project

Manager.

• The name (s) and address (es) of the companies for whom the proposed Project Manager worked for the past six (6) years along with the name (s) of his or her immediate supervisor.

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(c) The detailed resume for the Project Manager submitted by each bidder will be used by the Contracting Officer in determining whether or not particular bidder to whom the award is proposed is a responsible bidder.

(d) In addition to the above, a detailed resume containing the information specified in B.11.a.(1).(b) above, must be submitted to the contracting officer for approval prior to the assignment of any new or replacement project manager to the contract. Both new and replacement project managers must meet the qualification standard above.

b. Qualifications of Elevator Mechanics

(1) All Maintenance personnel directly engaged in work to be accomplished under the contract shall possess, prior to their employment in a journeyman mechanic’s capacity on this contract, the following minimum work experience in the elevator trade:

(a) At least four (4) years of recent experience in the operation and maintenance of the kind of elevators to be maintained under this contract.

(b) Each bidder shall include as part of his bid, resumes for the journeyman elevator mechanics that the bidder intends to utilize under any resultant contract. As a minimum each resume should contain the following:

• The full name of the elevator mechanic.

• A detailed description the previous six (6) years employment history of the proposed elevator mechanic.

• The name (s) and address (es) of the companies for whom the proposed employee worked for the past six (6) years, along with the name (s) and telephone number (s) of his or her immediate supervisor.

(c) The detailed resume for supervisory personnel submitted by each bidder will be used by the contracting officer in determining whether or not a particular bidder to whom the reward is propose is a responsible bidder.

(d) In addition to the above, a detailed resume containing the information specified in B.11.b.(1).(b) above., must be submitted to the contracting officer for approval prior to the assignment of any new or replacement mechanics. Both new and replacement mechanics must met the qualification standards above.

c. Information relating to Conduct of Contractor’s Employees.

(1) The Contractor shall prohibit his employees from disturbing stationary or using equipment provided to conduct and other regulation upon entering the facility.

(2) The Contractor shall require his employees to comply with the instructions pertaining to conduct and other regulation upon entering the facility.

d. Qualifications of Contractor.

(1) Each bidder submitting a bid on the work required in this solicitation will be required to present evidence of his ability to carry out the terms of contract. The bidder must have at least five (5) years successful

15B21718Q00000012 Page 12 of 56 experience in servicing elevators of the kind (number, hydraulic, electric, solid waste, group state, group supervisory controls, etc.) to be maintained under this contract.

(2) The bidder must establish a satisfactory performance record on prior jobs (either Governmental, municipal, or commercial) in order to be considered for award.

(3) The bidder submitting a bid will be required to present information to demonstrate his capability to respond to requests from the Government for regular call-back service within two (2) hours and overtime call-back service within two (2) hours.

(4) The bidder who holds, at the time of award of a contract under this solicitation, a contract to perform inspection services on the elevators covered by this solicitation, will not be considered for award of maintenance contract if the inspection contract extends over any portion of the contract period specified in this solicitation. A Contractor performing inspection services at the site is not eligible for award of a contract to perform maintenance services at the same site.

11. INTERFERENCE WITH BUSINESS

a. The Governments Representative under whose direction the work will be performed shall be consulted as to the manner of starting the work so as to cause a minimum of interference.

b. The work shall be carried on in such a manner that there will be no interruptions to or interfere with the proper execution of Government business.

c. All persons employed on the work shall, while in the premises, comply with all building regulations.

d. The Contracting officer may require the Contractor to exclude from work such as employees as the

Contracting Officer deems incompetent, careless, insubordinate, unsuitable, or otherwise objectionable, or whose continued employment is deemed to be contrary to the public interest, or inconsistent with the best interests of national security.

e. The Contracting Officer may, at his discretion, require the Contractor and any of his employees to submit such personal data as necessary for security clearance to be accomplished and approved by an agency of the United States Government.

12. PERMITS AND RESPONSIBILITY FOR WORK ETC.

a. The Contractor shall conform to all laws, regulations and ordinances applicable to the performance of the contract. The Contractor shall, without additional expense to the Government, obtain all licenses and permits required for the prosecution of the work.

13. FORMS TO BE SUBMITTED

a. Contractor shall notify the Facility Manager’s Office any time new personnel are assigned to the building.

b. In the performance of the contract, the Contractor shall comply with all applicable Federal, State, Local, and

Industry Safety and Health Standards and Regulation. Where there may be a conflict in a requirement, the more stringent one will apply.

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14. PATENTS

a. The Contractor shall hold and save the Government, its officers, agents, servants, and employees, harmless from liability of any nature or kind, including cost and expenses, for or an account of any patented or unpatented invention, article, or appliance manufactured or used in the performance of this contract, including its use by the Government.

15. RECORDS

a. The Contractor’s Representative shall report to the Facility Manager, or his designated representative, prior to performing any work specified in the resultant contract. The Contractor shall provide and keep current a suitable chart, posted in the machine room of the building, on which entries shall be made to indicate the status of all servicing and maintenance work performed, and the time of man-hours.

b. The Contractor shall also submit written monthly reports to the Facility Manager, including all work performed. The reports shall catalog the work performed. The replacements, or emergency call-backs, and shall indicate the man-hours and materials expended.

16. RISK OF LOSS

a. The Contractor assumes the full risk of and responsibility for any loss, destruction or damage to their property, equipment, components or containers, except such loss or damage as may be attributable to FDC Philadelphia by reason of the negligence of its employees while acting within the scope of their employment.

17. SPACE RENTAL AND UTILITIES

a. The Contractor shall not be required to pay rental for the space occupied hereunder when in use on the premises of FDC Philadelphia. The Contractor shall not be required to pay the cost of any utilities which may be found necessary for the use of operation of any repair or testing equipment.

18. INSURANCE AND BONDS

a. The Contractor, for the protection of the United States government (including FDC Philadelphia) shall procure and thereafter maintain, at its expense, workers compensation; employers liability, and comprehensive automobile liability (bodily injury and property damage).

b. Prior to award of any agreement, the offerer shall provide copies of its and its subcontractor’s insurance policies. A certification from the insurance carrier that the insurance will not be modified or canceled (unless the FDC Philadelphia Contracting Officer is given a 30 day notice thereof) shall also be given.

19. ADDITIONAL INFORMATION

a. Provisions of these services will result from contractual arrangement and not a personnel appointment.

Payment will be based on the provision of an end product or the accomplishment of a specific result.

Provision of these services will not constitute and employer/employee relationship and the Contractor will not be subject to Government supervision, except for security related matters. However, Contractor performance will be closely monitored.

[End of Statement of Work]

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SECTION 3 – CONTRACT CLAUSES

ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions – Commercial Items (Jan 2017)

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

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

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 effective contract period through the last day of the effective 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 $50, 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 within the current performance period as identified in Section 2;

(2) Any order for a combination of items in excess of the estimated quantities within the current performance period as identified in Section 2; 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.

http://www.acquistion.gov/far

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(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 contract period.

[End of Clause]

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor prior to expiration of the current performance period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause shall not

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[End of Clause]

52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond September 30 of the base year or any option year exercised. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30 of the base year or any option year exercised, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

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).

15B21718Q00000012 Page 17 of 56

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.

http://www.csrc.nist.gov/publications/fips/fips201/FIPS-201-022505.pdf

15B21718Q00000012 Page 18 of 56

3. For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre- appointment waiver package.

4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations to OPM. Per OPM ' s instructions, to obtain an Advance NAC Report, a Code " 3" must be placed in block " B " of the " Agency Use Only " section of the investigative form. This report is available for all case types.

5. For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre- appointment waiver package.

[End of Clause]

2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (Jun 1996)

(a) "Unsafe condition" as used in this clause means the actual or potential exposure of contractor or Government employees to a hazardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other material or working condition designated by the Contracting Officer's Technical Representative (COTR) as potentially hazardous and requiring safety controls.

(b) The Occupational Safety and Health Administration (OSHA) is responsible for issuing and administering regulations that require contractors to apprise its employees of all hazards to which they may be exposed in the course of their employment; proper conditions and precautions for safe use and exposure; and related symptoms and emergency treatment in the event of exposure.

(c) Prior to commencement of work, contractors are required to inspect for and report to the contracting officer or designee the presence of, or suspected presence of, any unsafe condition including asbestos or other hazardous materials or working conditions in areas in which they will be working.

(d) If during the performance of the work under this contract, the contractor or any of its employees, or subcontractor employees, discovers the existence of an unsafe condition, the contractor shall immediately notify the contracting officer, or designee, (with written notice provided not later than three (3) working days thereafter) of the existence of an unsafe condition. Such notice shall include the contractor's recommendations for the protection and the safety of Government, contractor and subcontractor personnel and property that may be exposed to the unsafe condition.

(e) When the Government receives notice of an unsafe condition from the contractor, the parties will agree on a course of action to mitigate the effects of that condition and, if necessary, the contract will be amended. Failure to agree on a course of action will constitute a dispute under the Disputes clause of this contract.

(f) Nothing contained in this clause shall relieve the contractor or subcontractors from complying with applicable Federal, State, and local laws, codes, ordinances and regulations (including the obtaining of licenses and permits) in connection with hazardous material including but not limited to the use, disturbance, or disposal of such material.

[End of Clause]

2852.201-71 Contracting Officer’s Representative (COR) (Jul 2012)

(a) David Bunting, General Foreman, FDC Philadelphia, 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.

15B21718Q00000012 Page 19 of 56

(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. If as a result of technical discussions it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

[End of Clause]

52.222-42 Statement of Equivalent Rates for Federal Hires (May 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the clauses of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provision of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only: It is not a Wage Determination

23210: Elevator Repairer $27.29 per hour, does not include fringe benefits for a WG-10

[End of Clause]

2852.242-71 Evaluation of Contractor Performance Utilizing CPARS (Apr 2011)

The services, although not directly supervised, shall be reviewed by the Federal Bureau of Prisons (BOP) staff to ensure contract compliance. The contractor’s performance will be evaluated in accordance with FAR 42.15. Contractor monitoring reports will be prepared by the Contracting Officer’s Representative (COR) and maintained in the file.

In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit to the Past Performance Information Retrieval System (PPIRS). The BOP utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to provide contractor performance evaluations. The contractor shall provide and maintain a current e-mail address throughout the life of the contract. The contractor will receive and e-mail from the Focal Point thru the following website address webptsmh@navy.mil when the contractor is registered in CPARS.