15B41423Q00000008 DRYER RFQ PACKAGE USMCFP SPG.pdf

U.S. Department of Justice Federal Bureau of Prisons

U.S. Medical Center for Federal Prisoners 1900 W. Sunshine

Office of Contracting

Springfield, MO 65807

February 27, 2023

RE: 15B41423Q00000008 – Provide, Deliver, Install, and Startup 1 Steam Heated Commercial Dryer 400- 600 lb Capacity with Accompanying Lint Collection Unit at USMCFP Springfield, MO

Enclosed is a Request for Quote package for project 23Z4AK5 to provide, deliver, and install & startup one (1) steam heated commercial dryer of 400-600 lb capacity with accompanying lint collection unit at USMCFP Springfield, MO.

This package contains all the necessary information for submitting a quote for evaluation. Offerors should consider all information provided herein and follow all instructions located in the quotation package.

Furthermore, ensure your company is registered in SAM www.sam.gov with the NAICS code of 333998.

A site visit will be held on Tuesday, February 28, 2023, at 8 a.m. This site visit is not mandatory. The site visit will be inside the perimeter fence and all individuals attending must have already submitted the required form(s) that were part of the Pre Solicitation posted on February 15, 2023.

All questions must be submitted in writing to the government for clarification no later than 1:00 p.m. CT Tuesday, March 8, 2023.

Offers shall be received by Friday, March 17, 2023 at 1:00 p.m. CT.

Offers shall be submitted via pdf attachment to email rhanners@bop.gov and mday@bop.gov

Verification of receipt is the responsibility of the Offeror.

Sincerely, //s//

Ross Hanners Contract Specialist enclosure mailto:rhanners@bop.gov mailto:mday@bop.gov

15B41423Q00000008 Page 1 of 33

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

15B41423PR000189

PAGE 1 OF

5. SOLICITATION NUMBER

15B41423Q00000008

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

02/27/2023

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Ross Hanners rhanners@bop.gov

b. TELEPHONE NUMBER (No collect calls)

417-837-1700

8. OFFER DUE DATE / LOCAL

TIME

03/17/2023 13:00 CT

CODE 15B414

Federal Bureau of Prisons USMCFP Springfield 1900 West Sunshine Springfield, MO 65807-2240

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: 333998

SIZE STANDARD: 500

Employees

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

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

15B414CODE15. DELIVER TO

Federal Bureau of Prisons USMCFP Springfield 1900 West Sunshine Springfield, MO 65807-2240

Tim Bradshaw

(O) 417-837-1704 t1bradshaw@bop.gov

CODE 15B41416. ADMINISTERED BY

Federal Bureau of Prisons USMCFP Springfield 1900 West Sunshine Springfield, MO 65807-2240

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

15B414CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons USMCFP Springfield 1900 West Sunshine Springfield, MO 65807-2240

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

RP 0112-23

FACILITIES

LIST SAM.gov UEI -Unique Entity Identifier here

Firm Fixed Price

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

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

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

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

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 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)

Ross Hanners

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

15B41423Q00000008 Page 2 of 33

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

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

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

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

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

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

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

15B41423Q00000008 Page 3 of 33

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

1 AWARD INFORMATION:

3 Contract Clauses

2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (NOV 2020) DJAR-PGD-15-02-1A Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - (DEVIATION 2015-02) (March 2015) DJAR-PGD-15-02-1B Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Solicitation - (DEVIATION 2015-02) (March 2015) DJAR-PGD-15-02-1C Contractor Certification of Compliance with Federal Tax Requirements - Solicitation - (DEVIATION 2015-02) (March 2015) DOJ-02 Contractor Privacy Requirements (JAN 2022) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.228-5 Insurance-Work on a Government Installation (Jan 1997) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Dec 2022) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Dec 2022) 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE

2004)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

OR OTHER NATIONAL EMERGENCY (May 2008)

4 List of Attachments 5 Solicitation Provisions

52.219-1 Small Business Program Representations (Oct 2022) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (Dec 2022) 52.237-1 Site Visit (Apr 1984) 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Nov 2021) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020)

15B41423Q00000008 Page 4 of 33

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Provide the reasonably expected lead time ARO here:

___________________ days

Vendor to provide and install one (1) new 400-600 lb. capacity, steam heated commercial dryer and accompanying lint collection unit (including removal of existing dryer #3) meeting the attached minimum requirements in the Statement Of Work (SOW).

Provide and install a new 400-600 lb. capacity, steam heated commercial dryer and accompanying lint collection unit (including removal of existing dryer #3 and accompanying lint collection unit) The Contractor will be required to move existing dryer unit #3 out of the Laundry Building and crane lift it on to a Government vehicle for transport. Existing dryer unit #3 will remain property of the Government.

Meet the minimum specifications in the Statement of Work to include all labor, material, equipment and expertise.

New Industrial Dryer Minimum Requirements:

Dryer Capacity – 400 - 600 Lbs.

Min. 1 Year (following date of startup) parts & labor warranty Min. Exhaust Dust Connection Size – 24” x 24” Min. Basket Volume – 194 Ft Cubed Min. Basket Size – 194” Dia.

Min. Blower Motor Size – 25 Hp.

Min. Basket Motor Size – 5 Hp.

Min. Tilt Angle – 10 Deg.

Min. Outside Makeup Air Size – 30” Dia.

Min. Airflow – 11,000 Cfm.

Min. Basket Material weight – 10 gauge.

Heating and cool-down shall be PLC controlled.

Hourly Steam Consumption – 27 Bhp.

Additionally, Contractor will provide startup and training to Government Staff on the proper use.

FOB Destination to U.S. Medical Center for Federal Prisoners, 1900 W. Sunshine Street, Springfield, MO 65807.

Vendors are advised to consider in their quotes the security requirements and delivery description information contained in the attached SOW.

Wage Determination No.: 2015-5087 incorporated as applicable.

PSC: 3510

1 EA $________ $_________________

1 AWARD INFORMATION:

The Federal Bureau of Prisons (BOP), U.S. Medical Center for Federal Prisoners, Springfield, Missouri, intends to make a single award to a responsible entity for the provision of removal and replacement of dryer #3 at the United States Medical Center for Federal Prisoners (USMCFP) located in Springfield, Missouri. General information regarding the Bureau of Prisons (BOP) and its facilities is located at www.bop.gov. The Government intends to make a single award to the responsible contractor whose offer, conforming to the solicitation, is considered to be the best value to the Government based on price, past performance, and technical. Technical will be evaluated based on features of the equipment or any other reasonable basis.

The Government reserves the right to award without discussion and to make a single award. Therefore, each initial quote should contain the best terms from a cost or price standpoint. Note, multiple quotes may be submitted with different commercial dryer within the 400 – 600 lb. capacity range. Submit technical specification information on the one (1) new 400-600 lb. capacity, steam heated commercial dryer and accompanying lint collection unit in sufficient detail for technical evaluation by USMCFP Springfield.

This acquisition is also subject to approval by BOP internal procedures in regards to FITARA - Federal Information Technology

15B41423Q00000008 Page 5 of 33

Acquisition Reform Act. After initial best value determination, the dryer quoted will be submitted for approval, notification of pending award will be given to the contractor. Due to the extended approval process quotes are required to be firm for 90 calendar days from the date specified for receipt of offers.

Submission of Quotes Quotes shall be submitted on or before the quote deadline specified in Block 8 of the Standard Form 1449, page 1 of this solicitation.

Quotes shall be submitted to the following addresses: rhanners@bop.gov and mday@bop.gov in pdf format only and will be deemed received at the time received as indicated on the email notification. Emails rejected by filters are not the responsibility of the government. Confirmation of receipt is the responsibility of the sender. Quotes received after the quote deadline will be handled in accordance with FAR 52.212-1(f).

This is a contractual agreement and not a government appointment. All duties outlined in this Statement of Work shall be performed in accordance with standards and methods generally accepted within the contractor’s own field of expertise. Payment is based on an end product or the accomplishment of a specific result. The service does not constitute an employer/employee relationship. The contractor will not be subject to Government supervision, except for security related matters. However, the contractor performance shall be monitored.

SECURITY:

The U.S. Medical Center for Federal Prisoners is a federal prison. This Supply/Service has a short on-site installation time frame and is considered low risk, a completed and signed NCIC (BP-A0660 Criminal History Check) is the only form anticipated to be required for individuals to perform services inside the secure perimeter on this contract. The contractor agrees to adhere to all regulations prescribed by the institution for safety, custody and conduct of inmates. All appropriate security clearances shall be obtained prior to contract personnel entering the secure perimeter. The Bureau of Prisons requires all non-employees to sign in and out of the institution for security reasons. All Contractor assigned employees will sign the log, indicating the date of visit to the institution, time of arrival, and time of departure.

It is the responsibility of the contractor to make sure that their employees submit the required information and complete the necessary actions in a timely manner. Additionally, it is the responsibility of the contractor to provide individuals to fulfill this contract who are reasonably certain to be able to successfully complete the security scrutiny.

The Program Manager will determine what security requirements are required in accordance with policy. All Contractor assigned employees entering the secure perimeter of MCFP Springfield, at any time during the execution of a resultant contract, may be subject to the successful completion of the following requirements, training and security checks. Such requirements may include the following:

Completed and signed SF-171 Interview Summary Vouchering of employers over the past five years.

NCIC (National Crime Information Center) check Name check (DOJ-99) Fingerprint check (FD-258) Law enforcement agency checks Authority to Release Information (OPM-329-A) must be signed.

Urinalysis to screen for illegal drug usage Non-visitation List Agreement Notification to Visitors (BP-224-52) Completed Contractor Pre-Employment Form (B-6) PREA Training Note: the Government will not disclose the specifics of any of these checks to the contractor, only advise if the individual is determined acceptable for entrance or not.

2 STATEMENT OF WORK (SOW)

STATEMENT OF WORK FOR B&F PROJECT 23Z4AK5

OBJECTIVE The objective of this statement of work is to outline the removal and replacement of dryer #3 at the U.S Medical Center for Federal Prisoners. This supply and service is not reoccurring, and all work shall be monitored at all times by a Government assigned Contract Officer Representative (COR).

SCOPE OF WORK The Contractor will be responsible for supplying, delivering and installing one (1) new 400-600 lb. capacity, steam heated commercial dryer and accompanying lint collection unit.

The Contractor will be responsible for supplying, delivering, placing, installation and startup of the new dryer and lint collection units.

15B41423Q00000008 Page 6 of 33

The Contractor shall verify that all equipment required and outlined above will work properly with the Government’s required minimum specifications listed below.

The Government will disconnect existing dryer unit #3 from all utilities prior to Contractors arrival on site.

The Government will provide all required utilities to the new dryer unit’s installation location.

The Contractor will be required to move existing dryer unit #3 out of the Laundry Building and crane lift it on to a Government vehicle for transport. Existing dryer unit #3 will remain property of the Government.

The Contractor will be responsible for crane lifting the new dryer unit into place and moving into its final location.

The Contractor will be required to hook the new dryer unit and lint collection unit up to all required utilities.

The Contractor will be responsible for providing and installing all new dryer exhaust vent ducting from the new dryer to daylight.

The Contractor will be required to perform a successful startup on the new dryer unit.

The Contractor will be required to provide a one-time training session to Government staff with the intent to show basic operation skills.

The Government will be responsible for escorting the Contractor to and from the job site.

REQUIRED MINIMUM SPECIFICATION

Dryer Capacity – 400 - 600 Lbs.

Min. Exhaust Dust Connection Size – 24” x 24” Min. Basket Volume – 194 Ft Cubed Min. Basket Size – 194” Dia.

Min. Blower Motor Size – 25 Hp.

Min. Basket Motor Size – 5 Hp.

Min. Tilt Angle – 10 Deg. Min.

Outside Makeup Air Size – 30” Dia.

Min. Airflow – 11,000 Cfm. Min.

Basket Material weight – 10 gauge.

Heating and cool-down shall be PLC controlled.

Hourly Steam Consumption – 27 Bhp.

LOCATION

The project location (Laundry Building) is located inside the secure perimeter of the Institution. It is accessible by roadway to within (40’) forty feet of the Laundry Building. The road way is approximately (11’) eleven feet above the Laundry Building finish floor.

A crane will be required to move the washer from the road way to a concrete pad (12’ x 26’) located just in front of the Laundry Building. The Laundry Building exterior door is (10’ X 12’) approximately. The concrete pad is approximately (2”) two inches below the Laundry Building finish floor. Once inside the Laundry Building the dryer will be located approximately (35’) thirty five feet from the door on a raised concrete pad approximately (6) six inches above finish floor.

GENERAL PROVISIONS The Contractor shall limit its use of the premise to the work indicated, so as to allow for Government occupancy and use. During the entire installation period, the Contractor shall coordinate use of the premises for service operations with the FBOP COR.

All visitors to the installation site shall register with the FBOP site officials. The Contractor shall not allow employees to have personal visitors on site. The project site will be open to the Contractor from Monday through Friday, with exception of federal holidays, for the duration of the project. The project schedule is to be based on a normal 40 hour work week. The Contractor shall establish a normal work week schedule for the duration of the project.

Work outside the secure perimeter of the institution will be allowed between the hours of 6:00 AM to 4:30 PM. This will allow the Contractor’s work force to arrive on-site in the morning and prepare for entering the secure perimeter of the institution. It will also allow the Contractor’s work force to button-up their lay-down/staging area after exiting the secure perimeter at the end of the work day.

Work inside the secure perimeter of the institution will be allowed between the hours of 7:30 AM to 2:00 PM. Work inside the secure perimeter is restricted to the operation of the institution’s rear gate. The Contractor’s work force will be allowed to enter the rear gate at approximately 7:30 AM each workday. At this time, the FBOP staff will begin personnel and tool security check-in procedures.

Once the check-in procedures are completed, the Contractor will be escorted by an FBOP escort to the work area. The rear gate closes at 3:00 PM; therefore, the Contractor’s work force will be escorted back to the rear gate by FBOP staff no later than approximately 2:30 PM, in order to allow enough time for the completion of security check-out procedures prior to exiting the secure perimeter.

Contraband: The Contractor shall inform his/her employees that intoxicating beverages, drugs, weapons, etc.., will not be allowed on the site. Introduction of contraband shall be subject to the penalties prescribed by Title 18 USC 1791.

Explosives: The use of explosives is absolutely forbidden without written authorization from the FBOP Contracting Officer upon no less than thirty (30) days advance written request. Cell phones, pagers, and radios are not allowed within the secure perimeter.

15B41423Q00000008 Page 7 of 33

Parking: Parking areas, either on or off-site will be furnished for workmen by the Contractor at a location approved by the FBOP Project Representative. Temporary Office: Any temporary field office used by the Contractor shall be located in an area approved by the FBOP COR.

The Contractor shall review his or her site layout plan for staging, stockpiles, etc.., with the FBOP COR. The Contractor shall maintain all staging and installation areas in a neat and orderly fashion. The Contractor shall provide protection of the work against weather, rain, wind, storms, frost, cold, or heat so as to maintain all work, materials, apparatus and fixtures free from injury or damage.

EXPERIENCE REQUIREMENTS The Contractor, assigned employees and legal entity they represent must have, at a minimum, one

(1) year (2,040 hours) of experience which involved working on systems outlined and specified by this Statement of Work.

SECURITY CLEARANCE All Contractor assigned employees entering the secure perimeter of MCFP Springfield, at any time during the execution of a resultant contract, shall be subject to the successful completion of the following requirements, training and security checks.

SF-171 will be completed and signed by all individuals Interview Summary (Attachment A-2) Vouchering of employers over the past five years.

NCIC (National Crime Information Center) check Name check (DOJ-99) Fingerprint check (FD-258) Law enforcement agency checks Authority to Release Information (OPM-329-A) must be signed.

Urinalysis to screen for illegal drug usage Non-visitation List Agreement Notification to Visitors (BP-224-52) Completed Contractor Pre-Employment Form (B-6) PREA Training If derogatory information is uncovered (e.g., FBI fingerprint/name check/urinalysis) after the individual has been hired by the Contractor, a decision must be made by the BOP Personnel Security Specialist as to: (1) the suitability of the individual, and (2) whether or not to permit him/her to continue performance on the contract. This decision will be made in consultation with the COR.

Positive urinalysis tests will result in the disqualification of the contract employee. If it is determined that the employee cannot be allowed further access to performance, the Captain or his designee will apprise the contractor as soon as possible.

Primary considerations in making this determination are the extent to which the individual’s past or present conduct may affect his/ her performance as a guard, and/or the extent to which such conduct may indicate a significant risk for abusing the BOP mission.

Examples of disqualifying conduct are: criminal, dishonest, infamous, or notoriously disgraceful conduct; habitual use of intoxicating beverages to excess; use and/or distribution of narcotics, drugs, or other controlled substances; and reasonable doubt of loyalty to the United States Government.

INCORPORATION OF STATEMENT OF WORK INTO RESULTANT CONTRACT The aforementioned Statement Of Work will be incorporated along with all information, provisions and clauses contained or referenced in this solicitation into any resultant contract.

15B41423Q00000008 Page 8 of 33

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Dec 2022)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov

Clause Title Fill-ins (if applicable)

DOJ-02 Contractor Privacy Requirements (JAN 2022)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr

1984)

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

52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial

Services (Dec 2022)

Clauses By Full Text

2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (NOV 2020)

(a) “Unsafe condition” as used in this clause means the actual or potential exposure of Contractor or Government employees to a hazardous material.

(b) “Hazardous Material” as used in this clause includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract), any other potentially hazardous material requiring safety controls, or any other material or working condition designated as hazardous by the Contracting Officer's Representative (COR).

(c) 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.

(d) Prior to commencement of work, Contractors are required to inspect for and report to the Contracting Officer 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.

(e) 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

15B41423Q00000008 Page 9 of 33 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.

(f) 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.

(g) 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)

DJAR-PGD-15-02-1A Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - (DEVIATION 2015-02) (March 2015)

(a) None of the funds made available by the Department's current Appropriations Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with a corporation -

(1) convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or

(2) that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability , unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(b) By submitting a response to this solicitation, the offeror represents that, as of the date of this offer -

(1) the offeror is not a corporation convicted of a felony criminal violation under any Federal or State law within the preceding 24 months; and,

(2) the offeror is not a corporation that has any unpaid Federal or State tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

(End of Provision)

DJAR-PGD-15-02-1B Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Solicitation - (DEVIATION 2015-02) (March 2015)

None of the funds appropriated to the Department under its current Appropriations Act may be used to enter into a contract, grant, or cooperative agreement with an entity that requires employess or contractors of such entity that requires employees or contractors of such entity seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, ora buse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. By submitting a response to this solicitation, the contractor certifies that it does not require employees or contractors of the contractor seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting waste, fraud, and abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of Provision)

DJAR-PGD-15-02-1C Contractor Certification of Compliance with Federal Tax Requirements - Solicitation - (DEVIATION 2015-02) (March 2015)

By submitting a response to this solicitation, the contractor certifies that, to the best of its knowledge, information and belief, the contractor has (a) filed all Federal tax returns required during the three years preceding the certification, (b) not been convicted

15B41423Q00000008 Page 10 of 33 of a criminal offense under the Internal Revenue Code of 1986, and (c) not been notified, more than 90 days before the subject certification, of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

(End of Provision)

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

15B41423Q00000008 Page 11 of 33 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.

[End of Clause]

52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)

For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commitment, individuals or contractor employees providing services must have:

1. Legally resided in the United States (U.S.);

2. worked for the U.S. overseas in a Federal or military capacity; or

3. been a dependent of a Federal or military employee serving overseas.

If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current information regarding allied countries: http://www.opm.gov/employ/html/citizen.htm By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.

[End of Clause]

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA OR OTHER NATIONAL EMERGENCY (May 2008)

During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absenteeism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in Government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.

The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce.

Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation.

15B41423Q00000008 Page 12 of 33

The types of actions a federal contractor should reasonably take to help ensure performance are:

• Encourage employees to get inoculations or follow other preventive measures as advised by the public health service.

• Cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services where telework is not an option.

• Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful remote work in an emergency.

• Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency.

• Establish communication processes to notify employees of activation of this plan.

• Integrate pandemic health crisis response expectations into telework agreements.

• With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period). Security concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropriate.

• Determine how all employees who may telework will communicate with one another and with management to accomplish work.

• Practice telework regularly to ensure effectiveness.

• Make it clear that in emergency situations, employees must perform all duties assigned by management, even if they are outside usual or customary duties.

• Identify how time and attendance will be maintained.

It is the contractor's responsibility to advise the Government Contracting Officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her absence, another responsible person in the contracting office via telephone or email messages acknowledging the contractor's notification. The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations.

The Department does reserve the right in such emergency situations to use Federal employees, employees of other agencies, contract support from other existing contractors, or to enter into new contracts for critical support services. Any new contracting efforts would be acquired following the guidance in the Office of federal Procurement Policy issuance "Emergency Acquisitions", May, 2007 and Subpart 18.2. Emergency Acquisition Flexibilities, of the Federal Acquisition Regulations.

[End of Clause]

[END OF ADDENDUM TO FAR 52.212-4]

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Dec 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

15B41423Q00000008 Page 13 of 33

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C.

6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (13) [Reserved]

X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2021) of 52.219-9.

__ (18)(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

15B41423Q00000008 Page 14 of 33

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657f).

__ (22)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (Oct 2022) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 657s).

X (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Dec 2022) (E.O. 13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (30)(i) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

X (31)(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (July 2014) of 52.222-35.

X (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (July 2014) of 52.222-36.

X (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (35)(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c) (3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).