RFQ.pdf

U.S. Department of Justice Federal Bureau of Prisons

Administration Division Field Acquisition Office

Grand Prairie, Texas 75051

RE: Request for Quote 15B41718Q00000005 Solid Waste Removal Federal Correctional Institution (FCI) – Milam, Michigan

Dear Quoter:

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

When submitting your quote, you shall consider all information provided herein. Please carefully follow all instructions located on pages 25-26 of the solicitation package concerning content, format, and submission of quotes.

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

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

Quotes shall be received on or before the deadline of September 7, 2018, at 12:00 p.m. Central Time.

Quotes shall be submitted electronically via email to credd@bop.gov in pdf format only and will be deemed received at the time as indicated on the email notification. Faxed and hand delivered quotes will not be accepted. Quotes received after the quote deadline will be handled in accordance with FAR 212-1(f).

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

Sincerely, //s// Craig Redd, Contract Specialist

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

15B41718Q00000005

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

08/20/2018

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME

Craig Redd credd@bop.gov

b. TELEPHONE NUMBER (No collect calls)

972-352-4528

8. OFFER DUE DATE / LOCAL

TIME

09/07/2018 12:00:00

CODE 15BFA0

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

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 562111

SIZE STANDARD: $38,500,000

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

15B417CODE15. DELIVER TO

Federal Bureau of Prisons FCI Milan 4004 East Arkona Road Milan, MI 48160

CODE 15B41716. ADMINISTERED BY

Federal Bureau of Prisons FCI Milan 4004 East Arkona Road Milan, MI 48160

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

BMILCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCI Milan

PO BOX 9999

MILAN, MI 48160-0090

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

OFFER SEE ADDENDUM

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

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

To provide Solid Waste Disposal Services for the inmate population at FCI Milan, MI, in accordance to the Statement of Work.

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

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

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

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

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

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

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

Craig Redd

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

15B41718Q00000005

248-18

DUNS:

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Year: Effective Date of Award through 12 months from Effective Date of Award

Rental Equipment: (1) One 30- Cubic yard open top

12.000000 MO $____________ $___________________

0002 Base Year: Effective Date of Award through 12 months from Effective Date of Award

Rental Equipment: (2) Two 6-Cubic yard dumpster

12.000000 MO $____________ $___________________

0003 Base Year: Effective Date of Award through 12 months from Effective Date of Award

FCI Compactor, 35-cubic yard Pull fee

104.000000 EA $____________ $___________________

0004 Base Year: Effective Date of Award through 12 months from Effective Date of Award

FDC Compactor, 35-cubic yard Pull fee

26.000000 EA $____________ $___________________

0005 Base Year: Effective Date of Award through 12 months from Effective Date of Award

Construction , 30-cubic yard, open top Pull fee

12.000000 EA $____________ $___________________

0006 Base Year: Effective Date of Award through 12 months from Effective Date of Award

Training Center and Outside warehouse (2) Two ,6-cubic yard Pull fee

104.000000 EA $____________ $___________________

0007 Base Year: Effective Date of Award through 12 months from Effective Date of Award

Staff Housing Residential Trash Container Pull fee

1,040.000000 EA $____________ $___________________

0008 Option Year 1: 13 through 24 months from Effective Date of Award

Rental Equipment: (1) One 30- Cubic yard open top

12.000000 MO $____________ $___________________

0009 Option Year 1: 13 through 24 months from Effective Date of Award

Rental Equipment: (2) Two 6-Cubic yard dumpster

12.000000 MO $____________ $___________________

0010 Option Year 1: 13 through 24 months from Effective Date of Award

FCI Compactor, 35-cubic yard Pull fee

104.000000 EA $____________ $___________________

0011 Option Year 1: 13 through 24 months from Effective Date of Award

FDC Compactor, 35-cubic yard Pull fee

26.000000 EA $____________ $___________________

0012 Option Year 1: 13 through 24 months from Effective Date of Award

Construction , 30-cubic yard, open top Pull fee

12.000000 EA $____________ $___________________

0013 Option Year 1: 13 through 24 months from Effective Date of Award

Training Center and Outside warehouse (2) Two ,6-cubic yard Pull fee

104.000000 EA $____________ $___________________

0014 Option Year 1: 13 through 24 months from Effective Date of Award

Staff Housing Residential Trash Container Pull Fee

1,040.000000 EA $____________ $___________________

0015 Option Year 2: 25 through 36 months from Effective Date of Award

Rental Equipment: (1) One 30- Cubic yard open top

12.000000 MO $____________ $___________________

15B41718Q00000005

0016 Option Year 2: 25 through 36 months from Effective Date of Award

Rental Equipment: (2) Two 6-Cubic yard dumpster

12.000000 MO $____________ $___________________

0017 Option Year 2: 25 through 36 months from Effective Date of Award

FCI Compactor, 35-cubic yard Pull fee

104.000000 EA $____________ $___________________

0018 Option Year 2: 25 through 36 months from Effective Date of Award

FDC Compactor, 35-cubic yard Pull fee

26.000000 EA $____________ $___________________

0019 Option Year 2: 25 through 36 months from Effective Date of Award

Construction , 30-cubic yard, open top Pull fee

12.000000 EA $____________ $___________________

0020 Option Year 2: 25 through 36 months from Effective Date of Award

Training Center and Outside warehouse (2) Two ,6-cubic yard Pull fee

104.000000 EA $____________ $___________________

0021 Option Year 2: 25 through 36 months from Effective Date of Award

Staff Housing Residential Trash Container Pull Fee

1,040.000000 EA $____________ $___________________

0022 Option Year 3: 37 through 48 months from Effective Date of Award

Rental Equipment: (1) One 30- Cubic yard open top

12.000000 MO $____________ $___________________

0023 Option Year 3: 37 through 48 months from Effective Date of Award

Rental Equipment: (2) Two 6-Cubic yard dumpster

12.000000 MO $____________ $___________________

0024 Option Year 3: 37 through 48 months from Effective Date of Award

FCI Compactor, 35-cubic yard Pull fee

104.000000 EA $____________ $___________________

0025 Option Year 3: 37 through 48 months from Effective Date of Award

FDC Compactor, 35-cubic yard Pull fee

26.000000 EA $____________ $___________________

0026 Option Year 3: 37 through 48 months from Effective Date of Award

Construction , 30-cubic yard, open top Pull fee

12.000000 EA $____________ $___________________

0027 Option Year 3: 37 through 48 months from Effective Date of Award

Training Center and Outside warehouse (2) Two ,6-cubic yard Pull fee

104.000000 EA $____________ $___________________

0028 Option Year 3: 37 through 48 months from Effective Date of Award

Staff Housing Residential Trash Container Pull Fee

1,040.000000 EA $____________ $___________________

0029 Option Year 4: 49 through 60 months from Effective Date of Award

Rental Equipment: (1) One 30- Cubic yard open top

12.000000 MO $____________ $___________________

0030 Option Year 4: 49 through 60 months from Effective Date of Award

Rental Equipment: (2) Two 6-Cubic yard dumpster

12.000000 MO $____________ $___________________

0031 Option Year 4: 49 through 60 months from Effective Date of Award

FCI Compactor, 35-cubic yard Pull fee

104.000000 EA $____________ $___________________

0032 Option Year 4: 49 through 60 months from Effective Date of Award

FDC Compactor, 35-cubic yard Pull fee

26.000000 EA $____________ $___________________

0033 Option Year 4: 49 through 60 months from Effective Date of Award

Construction , 30-cubic yard, open top Pull fee

12.000000 EA $____________ $___________________

0034 Option Year 4: 49 through 60 months from Effective Date of Award

Training Center and Outside warehouse (2) Two ,6-cubic yard Pull fee

104.000000 EA $____________ $___________________

0035 Option Year 4: 49 through 60 months from Effective Date of Award

Staff Housing Residential Trash Container Pull Fee

1,040.000000 EA $____________ $___________________

Continuation of Standard Form 1449

Section 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.

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

2.2 Statement of Work

I. Background The Federal Correctional Institution (FCI) Milan, MI requires solid waste removal services from multiple locations throughout the institution grounds as set forth in this solicitation.

II. Place of Performance Performance of the required solid waste removal services will take place at the Federal Correctional Institution located at 4004 E. Arkona Rd, Milan, MI. This facility is located in the county of Washtenaw and at the intersection of Sanford and Arkona roads.

III. Contractor Responsibilities

1. Small Dumpsters: Two (2) 6 cubic yard dumpsters are located at the Staff Training Center and the Outside Warehouse. Both dumpsters will be provided and maintained by the contractor and serviced every Wednesday.

2. FCI Compactor: One (1) 35 cubic yard, self-contained compactor that is located inside the secure perimeter of the FCI, behind Food Service. This compactor is Government owned.

The compactor must be removed/exchanged at 3:30 a.m. The compactor shall be serviced twice a week, on Monday and Thursday. The government reserves the right to call for additional pickups, if necessary.

3. FDC Compactor: One (1) 35 cubic yard, self-contained compactor that is located behind the FDC, just east of the main institution. This compactor is Government owned. The compactor must be removed/exchanged no later than 4:00 a.m. The compactor shall be serviced every other week, on the first and third Thursday of each month. The contractor’s representative must check in with the Rear Gate Officer, allowing access to this location.

The Government reserves the right to call for additional pickups, if necessary.

4. Construction Dumpster: One (1) 30 cubic yard, open top dumpster located behind the FCI Garage. This dumpster will be provided and maintained by the contractor. It will be used for the removal of construction debris. The dumpster will be serviced approximately twice per month. An authorized government representative shall call for pick-up. From the time of the call the contractor will have 48 hours to remove and replace the dumpster.

5. Staff Housing: There are approximately 20 residential houses that are located in two separate locations. Some are on the north side of the institution, immediately adjacent to Arkona Road, while the majority of the houses are west of the institution, across US 23, adjacent to Dexter Street. The residents are responsible to provide their own trash containers.

All residences will be serviced weekly and on the same day.

6. Average of Tonnage per haul FCI Compactor, One 35cy self-contained compactor serviced 2x/week------------------592.8 Tons/year, 104 loads times 5.7 tons average.

FDC Compactor, One 35cy self-contained compactor serviced every other week -----135.2 Tons/year, 26 loads times 5.2 tons average.

30yd Construction Dumpster, One 30 cubic yard open top roll-off serviced approx.

1x/month-------- 48.0 Tons/year, 12 loads times 4 tons average.

7. Equipment Maintenance

7.1. Contractor provided containers will be kept serviceable, clean, and free of defects in order to meet the requirements of the correctional environment.

7.2. It is the responsibility of the contractor to provide all maintenance and repairs on all units supplied as outlined above. The contractor will immediately make the Government Representative aware of any maintenance or repair required on the institution owned compactors.

7.3. If any unit is temporarily out of service for more than two days it will be the responsibility of the contractor to provide another unit of the same quality and description listed above at no extra charge. The government will be responsible for reasonable pick-up, transportation, and delivery of the compactors should off site repairs be required.

7.4. It shall be the responsibility of the contractor to pressure wash units offsite, on a monthly basis to prevent nuisance pests and/or odors.

8. Equipment installation and removal

8.1. The contractor shall install all equipment within 30 days from notice of award. The contractor will be responsible for removal of all equipment within 48 hours of termination of the contractor or any option year not exercised.

8.2. Upon award of the contract, the contractor shall review existing conditions at the waste handling system location with a representative of FCI Milan prior to the installation of any dumpsters and/or equipment.

8.3. It is the contractor’s responsibility to ensure they have a vehicle available to handle/transport the government owned compactors as part of this contract at no extra expense to the Government.

9. Refuse Removal Requirements

9.1. The contractor shall provide FCI Milan with solid waste removal services in such a manner and form that it is consistent with all applicable Federal, State, and Local laws. In addition, all rules, industry standards, codes, permits, regulations, governing ordinances, and Bureau of Prisons policy requirements must be fully compliant as well.

9.2. It shall be the responsibility of the contractor to ensure that all solid waste removed from FCI Milan will be disposed of in accordance with 40 CFR, part 240-299 and Resource Conservation and Recovery Act (RCRA).

9.3. The contractor will ensure that the sanitary landfill meets or exceeds all county, state and federal regulations concerning methods of solid waste removal. The contractor will provide FCI Milan with a copy of all licenses and permits held by any and all landfills utilized as well as provide a list of any restrictions at each landfill, if any.

9.4. The contractor is responsible for all trash, garbage, and debris spills from the containers/compactors during the process of the pull/haul. All materials in the container/compactors become the property of the contractor upon removal from Federal property, and it is the responsibility of the contractor to dispose of the material in a lawful and proper manner.

10. Refuse Removal Schedule

10.1. Allow approximately 25 -30 minutes to enter the institution through the Rear Gate to retrieve and drop off the FCI self-contained compactor

10.2. Allow approximately 15 – 20 minutes to enter the FDC through the rear gate to retrieve and drop off the FDC self-contained compactor

10.3. Allow approximately 10 minutes to retrieve and drop off the open top roll off containers

10.4. The schedule can be changed at any time by the Contracting Officer.

10.5. When a regular pick up falls on a Federal holiday, the pick-up shall be made the next business day.

10.6. If any of the units become full prior to the scheduled pick up, the contractor will be contacted by the Governments Representative to schedule an additional pick-up.

Additional pick-ups will be on an as needed basis, and will be accomplished within 24 hours of notification.

10.7. The rate of an additional pull shall not exceed that of a regularly scheduled pull.

10.8. The contractor may occasionally be delayed access to the compactors due to institution emergencies. Access to the institution grounds will be restricted during all periods of heavy fog. During periods when there is a prediction or likelihood of fog being present, the contractor shall call the institution prior to making a pickup to ensure that access will be granted.

V. Inmate Management: The contractor will not be responsible for the management of any inmates. The contractor will not speak to, correspond with, or communicate in any way with inmates. In the event the contractor is approached by an inmate a FCI Milan staff member will be immediately notified.

VII. Invoices

1. The vendor shall provide a proper invoice to both the Facilities Department and Accounting

Department for all supplied materials and applicable charges. The successful vendor will be provided with the email address’ all billing must be provided to.

2. The contractor shall provide invoices at the beginning of each month for services provided during the preceding month. Invoices shall be itemized to reflect the number and date of pulls for each unit. Invoices shall be itemized to reflect landfill fees (actual tonnage) for each unit.

3. All invoices shall contain such data as may be required to substantiate the services rendered;

including statements of the actual refuse removal at the beginning and the ending of the billing period.

4. The Contractor shall provide monthly copies of all receipts related to the removal of solid waste disposal and Constructions and Demolition disposal. The receipts must include the weight in pounds for all solid waste and Construction and Demolition. The receipts shall be addressed to the Facility Manager at FCI Milan and sent a minimum of once per calendar month. The Facility Manager shall receive the receipts no later than the fifth working day of the month.

VIII. Qualifications

1. FCI Milan shall in no even be liable or responsible for damage or injury to any person property occasioned through the use or operation of the contractor’s facility or action of the contractor, its employees, or agents in performing under this contract.

2. The contractor will provide proof of insurance for all drivers and vehicles to be utilized for refuse removal at FCI Milan.

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, Contract Terms and Conditions – Commercial Items.

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 address:

www.acquistion.gov/far

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

52.232-18 Availability of Funds (Apr 1984)

FAR 52.216-18, Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the first day of the current performance period through the last day of the current performance period.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

FAR 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 month’s rental, 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 in the Schedule of Items within the current performance period; or

(2) Any order for a combination of items in excess of the estimated quantities in the Schedule of Items within the current performance period; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216- 21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

FAR 52.216-21 Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

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

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after the last day of the effective performance period.

(End of clause)

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

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

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

(c) The total duration of this contract, including the exercise of any options under this clause shall not exceed 5 years.

(End of clause)

52.24-403-70 Notice of Contractor Personnel Security Requirements (Oct 2005)

Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I

1. Long-Term Contractor Personnel:

In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 contractor employee whose background investigation (BI) process begins on or after October 27, 2005:

a. Contractor Personnel must present two forms of identification in original form prior to badge issuance

(acceptable documents are listed in Form I-9, OMB No. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture ID);

b. Contractor Personnel must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed sometime during the clearance process but prior to badge issuance and must be documented by the DOJ official;

c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position. Outlined below are the minimum BI requirements for each risk level:

• High Risk - Background Investigation (5 year scope)

• Moderate Risk - Limited Background Investigation (LBI) or Minimum Background Investigation (MBI)

• Low Risk - National Agency Check with Inquiries (NACI) investigation

d. The pre-appointment BI waiver requirements for all position sensitivity levels are a:

1) Favorable review of the security questionnaire form;

2) Favorable fingerprint results;

3) Favorable credit report, if required;3

4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level; and

5) Favorable review of the National Agency Check (NAC) 4 portion of the applicable BI that is determined by position sensitivity/risk level.

A badge may be issued following approval of the above waiver requirements.

If the NAC is not received within five days of OPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau of Investigation Criminal History Check (i.e., fingerprint check results).

e. Badge re-validation will occur once the investigation is completed and favorably adjudicated.

If the BI results so justify, badges issued under these procedures will be suspended or revoked.

2. Short-Term Contractor Personnel:

It is the policy of the DOJ that short-term contractors having access to DOJ information systems and/or DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items 1a. and 1b. above. The pre-appointment waiver requirements for short-term contractors are:

a. Favorable review of the security questionnaire form;

b. Favorable fingerprint results;

c. Favorable credit report, if required;5 and

d. Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commensurate BI does not need to be initiated.

A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of issuance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PIV-I identity proofing process.

For example, if a contractor employee requires daily access for a three or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a second request is submitted for the same contractor employee within a twelve-month period for the purpose of extending the initial contract or for employment under a totally different contract for another three or four-week period, this contractor would now be considered "long-term" and must be cleared according to the long-term requirements as stated in this interim policy.

3. Intermittent Contractors:

An exception to the above-mentioned short-term requirements would be intermittent contractors.

a. For purposes of this policy, "intermittent" is defined as those contractor employees needing access to DOJ information systems and/or DOJ facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For example, the water delivery contractor that delivers water one time each week and is working on a one-year contract.

b. Contractors requiring intermittent access should follow the Department's escort policy. Please reference the August 11, 2004, and January 29, 2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted access.

c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contractor, the same pre-employment background investigation waiver requirements that apply to short-term contractors are required.

d. If an intermittent contractor is approved for unescorted access, the contractor will only be issued a daily badge. The daily badge will be issued upon entrance into a DOJ facility or space and must be returned upon exiting the same facility or space.

e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year.

4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated BI meeting HSPD-12 and DOJ's BI requirements.

5. The DOJ's current escorted contractor policy remains unchanged by this acquisition notice.

Notes:

1. FIPS 201 is available at: www.csrc.nist.gov/publications/fips/fips201/FIPS-201-022505.pdf

2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-I identity proofing process, including initiation and adjudication of the required background investigation, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-II) requires badge issuance to all affected long-term contractors.

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

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

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

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

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

(End of clause)

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

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

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

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

(d) If during the performance of the work under this contract, the contractor or any of its employees, or subcontractor employees, discovers the existence of an unsafe condition, the contractor shall immediately notify the contracting officer, or designee, (with written notice provided not later than three (3) working days thereafter) of the existence of an unsafe condition.

Such notice shall include the contractor's recommendations for the protection and the safety of Government, contractor and subcontractor personnel and property that may be exposed to the unsafe condition.

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

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

(End of Clause)

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

(a) Grant Stine, Facilities Manager, (734) 439-5508, gstine@bop.gov, 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 Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COR does not have the authority to alter the contractor's obligations under the Contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change Contract obligations or the Scope of Work, the Contracting Officer shall issue such changes.

(End of clause)

BOP 52.27-103-72 DOJ Contractor Residency Requirement (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)

BOP 52.242.1502 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. The e-mail will contain a “user ID” and temporary password to register in the CPARS system. The contractor must be registered to access and review its evaluation and/or provide a response. If assistance is required when registering, please contact the Contracting Staff/Focal Point.

(End of clause)

----------[END OF ADDENDUM TO FAR 52.212-4]-----------

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (July 2018)

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 items:

(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 (JUL 2018) (Section 1634 of Pub. L.

115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 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)).

(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 items:

XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509)).

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

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (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).

XX (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

XX (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved] __ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

XX (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (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 (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

XX (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (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 (Dec 2015) (15 U.S.C. 637(m)).

XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

XX (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O.

13126).

XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

XX (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

XX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

XX (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

XX (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

XX (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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).

XX (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(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)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C.

8259b).

__ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT

2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(AUG 2011) (E.O. 13513).

__ (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

__ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (46) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__(47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (48) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.