15B61618Q00000168_Solicitation_Document.pdf

U.S. Department of Justice

Federal Bureau of Prisons

Federal Correctional Complex

Office of Financial Management Victorville, California

August 1, 2018

RE: 15B61618Q00000168, Grease Trap Pumping Federal Bureau of Prisons Federal Correctional Complex (FCC)- Victorville, CA

Dear Quoter:

This solicitation package has been prepared by the Federal Bureau of Prisons, Federal Correction Complex, for the acquisition of Grease Trap Pumping Services. This solicitation contains all necessary information for submitting a quote for evaluation for performing these services at FCC Victorville, CA.

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

All potential quoters are advised that this solicitation includes FAR Clause 52.212-4, Contract Terms and Conditions-Commercial Items, which requires all contractors doing business with the Federal Government to be registered in the System for Award Management (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 awardee’s DUNS number into the SAM database. The NAICS code for this solicitation is 562998. Quoters must be registered as a small business under this NAICS code on their SAM registration prior to the closing date of the solicitation. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award.

Quotes shall be submitted electronically via email to pford@bop.gov. This is the only method of submission authorized and quotes provided via any other method will not be accepted.

The deadline for quote submission is 2:00 pm Pacific Standard Time on August 31, 2018. It is highly recommended that quoters verify their quote was received after it is submitted by submitting a follow up email. Quotes received after the deadline for receipt of quotes will be handled in accordance with FAR mailto:pford@bop.gov

52.212-1(f).

Please place any questions you may have in writing and submit them via email to pford@bop.gov. We will consider all questions received and provide responses where appropriate.

Sincerely, Patrick Ford Contract Specialist Federal Bureau of Prisons Federal Correctional Complex Victorville, CA mailto:pford@bop.gov

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

15B61618Q00000168

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

08/01/2018

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME

Patrick Ford

b. TELEPHONE NUMBER (No collect calls)

760-246-2423

8. OFFER DUE DATE / LOCAL

TIME

08/31/2018 14:00:00

CODE 15B616

Federal Bureau of Prisons FCC Victorville

13777 AIR EXPRESSWAY BOULEVARD

Victorville, CA 92394

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: 562998

SIZE STANDARD: $7,500,000

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

15B616CODE15. DELIVER TO

Federal Bureau of Prisons FCC Victorville

13777 AIR EXPRESSWAY BOULEVARD

Victorville, CA 92394

CODE 15B61616. ADMINISTERED BY

Federal Bureau of Prisons FCC Victorville

13777 AIR EXPRESSWAY BOULEVARD

Victorville, CA 92394

Patrick Ford

(O) 760-246-2423

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

BVIXCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCC Victorville PO Box 5400 Adelanto, CA 92301

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

PROVIDE GREASE TRAP PUMPING SERVICES FOR

FCC VICTORVILLE (SEE SECTION 2)

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 ARE X 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)

Patrick Ford

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

15B61618Q00000168 Page 1 of 36

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

15B61618Q00000168 Page 2 of 36

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2.1 Schedule Continued

2.2 Statement of Work

3 Contract Clauses 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) 52.21-603-70 Contracting Officer's Representative (COR) (June 2012) 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

BOP 2852.237-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS

(JUNE 2004)

BOP 2852.237-77 Contractors Classified as Common Law Employees (Nov 2014) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984)

BOP 2852.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR

2011) DJAR-PGD-15-02-2A Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - Award (DEVIATION 2015-02) (March 2015) DJAR-PGD-15-02-2B Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Award - (DEVIATION 2015-02) (March 2015) .15 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (Jan 2018) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) 52.252-6 Authorized Deviations in Clauses (Apr 1984)

4 List of Attachments 5 Solicitation Provisions

52.212-3 Offeror Representations and Certifications--Commercial Items (Nov 2017) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005)

2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)

15B61618Q00000168 Page 3 of 36

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Period

Line Period of Performance: 04/01/2019 - 03/31/2020

0.000000 YR $____________ $___________________

0001AA USP 20,000 Gallon Grease Trap 40,000.000000 GL $____________ $___________________

0001AB FCI 2 15,000 Gallon Grease Trap 30,000.000000 GL $____________ $___________________

0001AC FCI-1 10,000 Gallon Grease Trap 20,000.000000 GL $____________ $___________________

0001AD FPC 5,000 Gallon Grease Trap 10,000.000000 GL $____________ $___________________

0002 Option Year 1

Line Period of Performance: 04/01/2020 - 03/31/2021

0.000000 YR $____________ $___________________

0002AA USP 20,000 Gallon Grease Trap 40,000.000000 GL $____________ $___________________

0002AB FCI-2 15,000 Gallon Grease Trap 30,000.000000 GL $____________ $___________________

0002AC FCI-1 10,000 Gallon Grease Trap 20,000.000000 GL $____________ $___________________

0002AD FPC 5,000 Gallon Grease Trap 10,000.000000 GL $____________ $___________________

0003 Option Year 2

Line Period of Performance: 04/01/2021 - 03/31/2022

0.000000 YR $____________ $___________________

0003AA USP 20,000 Gallon Grease Trap 40,000.000000 GL $____________ $___________________

0003AB FCI-2 15,000 Gallon Grease Trap 30,000.000000 GL $____________ $___________________

0003AC FCI-1 10,000 Gallon Grease Trap 10,000.000000 GL $____________ $___________________

0003AD FPC 5,000 Gallon Grease Trap 10,000.000000 GL $____________ $___________________

0004 Option Year 3

Line Period of Performance: 04/01/2022 - 03/31/2023

0.000000 YR $____________ $___________________

0004AA USP 20,000 Gallon Grease Trap 40,000.000000 GL $____________ $___________________

0004AB FCI-2 15,000 Gallon Grease Trap 30,000.000000 GL $____________ $___________________

0004AC FCI-1 10,000 Gallon Grease Trap 20,000.000000 GL $____________ $___________________

0004AD FPC 5,000 Gallon Grease Trap 10,000.000000 GL $____________ $___________________

0005 Option Year 4

Line Period of Performance: 04/01/2023 - 03/31/2024

0.000000 YR $____________ $___________________

0005AA USP 20,000 Gallon Grease Trap 40,000.000000 GL $____________ $___________________

0005AB FCI-2 15,000 Gallon Grease Trap 30,000.000000 GL $____________ $___________________

0005AC FCI-1 10,000 Gallon Grease Trap 20,000.000000 GL $____________ $___________________

15B61618Q00000168 Page 4 of 36

0005AD FPC 5,000 Gallon Grease Trap 10,000.000000 GL $____________ $___________________

0006 Optional 6 Month Extension

Line Period of Performance: 04/01/2024 - 09/30/2024

0.000000 YR $____________ $___________________

0006AA USP 20,000 Gallon Grease Trap 20,000.000000 GL $____________ $___________________

0006AB FCI-2 15,000 Gallon Grease Trap 15,000.000000 GL $____________ $___________________

0006AC FCI-1 10,000 Gallon Grease Trap 10,000.000000 GL $____________ $___________________

0006AD FPC 5,000 Gallon Grease Trap 5,000.000000 GL $____________ $___________________

BASE PERIOD PLUS ALL OPTION PERIODS COST: ______________________

2.1 Schedule Continued

Please complete the above information when preparing your quote for the base period and option periods.

TYPE OF CONTRACT

The Government contemplates award of an Indefinite Delivery/Requirements type contract with firm fixed unit prices resulting from this solicitation. It is anticipated that the Date of Award resulting from this solicitation will be made approximately September 30, 2018 with an effective Date of Award of April 1, 2019.

The resulting contract will include four 12 month option periods for renewal as well as an optional six month extension at the unilateral discretion of the Government. Bidders are advised that the Government has the uni-lateral right to exercise option periods in accordance with FAR 43.103(b), 52.217-9, “Option to Extend the Term of the Contract”, and 52.217-8, “Option to Extend Services”. Pursuant to FAR 17.203(b), the Govern-ment’s evaluation shall be inclusive of options. Pursuant to FAR 17.203(d), offerors may offer varying prices for options.

NON-PERSONAL SERVICES STATUS

Award of a contract will result in the service being a contractual arrangement and not a personnel appointment.

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, contractor performance shall be monitored.

REVIEWS

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

Payments will be denied when such service does not support the charges or if the service is deemed not neces-sary or appropriate. Such determinations may be made by the Contracting Officer.

PERFORMANCE

The contract will be for a base year and four option years as well as a sixth month optional extension if needed.

The performance periods will be as follows:

Base Year: April 1, 2019 to March 31, 2020 Option Year #1: April 1, 2020 to March 31, 2021 Option Year #2: April 1, 2021 to March 31, 2022 Option Year #3: April 1, 2022 to March 31, 2023 Option Year #4: April 1, 2023 to March 31, 2024 Optional 6 month extension: April 1, 2024 to September 30, 2024

The Contractor shall commence full performance of services under this contract by the effective contract award date. In accordance with FAR 46.503 and FAR 46.403(a)(6), the place of acceptance for services under this

15B61618Q00000168 Page 5 of 36 contract is at the destination of the FCC located in Victorville, CA.

CONTRACTOR ADMINISTRATION

Contracting Officer Responsibility: Authority to negotiate changes in the terms, conditions, or amounts cited in this contract is reserved by the Contracting Officer. This responsibility may be delegated to an Administrat-ive Contracting Officer by the Contracting Officer.

Contracting Officer’s Representative (COR): The Contracting Officer will designate in writing a COR who shall be responsible for:

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

2. Interpreting the scope of work;

3. Technical evaluations as required

4. Technical inspection and acceptance;

5. Assisting in the resolution of technical problems encountered by the service provider during contract per-formance;

6. Monitoring funds available for obligation;

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

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

9. Assisting in the resolution of administrative problems encountered by the service provider during the con-tract performance.

CONTRACT SECURITY/INVESTIGATIVE REQUIREMENTS

The employees of the Contractor entering the institution shall meet certain security requirements to receive an institutional pass. The personnel department will establish a security file that will be maintained on each of the Contractor’s employees from the beginning of the contract through its duration. The following investigative procedures will be performed:

1. National Crime Information Center (NCIC) check;

2. Declaration of Federal Employement (OF-306);

3. FD-258 (fingerprint check);

4. Law Enforcement Agency checks;

5. Vouchering of Employers;

6. Employment Resume;

7. Completed Contractor Pre-employment Questionnaire;

8. Release of Information;

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

10.Credit Check, if applicable;

11.Urinalysis, if applicable.

By submitting a bid, the Contractor and its employees agree to complete the required documents and undergo the listed procedures. An individual employee of the Contractor who does not pass the security clearances will be unable to perform services under the contract. If the resulting contract is to be awarded to an individual, all clearance procedures shall be applied prior to award. Individuals who do not pass the security clearance will not be awarded a contract. The final determination and completion of security investigations procedures will be made at the sole discretion of the FCC. All persons are advised that a urinalysis test for the detection of drug usage shall be performed. Any person testing positive shall be disqualified from performing under the resulting contract. Any individual employed by the Contractor deemed not suitable by the Bureau of Prisons require-ments will not be granted access to perform services under the contract. This is a condition of contract.

In additions, each Contractor employee must attend an orientation program at the institution. The purpose of this program is to familiarize Contractor employees with FCC operations, the institution, and general rules of conduct and procedures inside the institution. Contractor employees shall adhere to all institution regulations regarding conduct and performance. Contractor employees will be allowed access to the institution at the sole discretion of the Chief Executive Officer. Any individual performing under this contract may be removed if it becomes apparent that their conduct does not reflect the conduct of that prescribed for those people performing

15B61618Q00000168 Page 6 of 36 under non-personal services contracts.

SCHEDULE OF INSURANCE

As required by FAR clause 52.228-5, “Insurance- Work on a Government Installation”, the Contractor shall, at its own expense, provide and maintain during the entire performance of the resulting contract, at least the kinds and minimum amounts of insurance required as listed below:

Workers Compensation & Employers Liability: The Contractor shall comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contact operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker’s compensation to be written by private carriers. (FAR 28.307(a))

Comprehensive General Liability: $500,000 per accident on occurrence for bodily injury. (FAR 28.307-2(b))

Automobile Liability: $200,000 per person, $500,000 per occurrence for bodily injury, and $200,000 per oc-currence for property damage. (FAR 28.307-2(c))

The Contractor shall insert the substance of this clause, including this paragraph, in subcontracts under this con-tract that require work on a Government installation and shall require subcontractors to provide and maintain in-surance required in the schedule or elsewhere in the contract. The Contractor shall maintain a copy of all sub-contractor’s proofs of required insurance, and shall make copies available to the Contracting Officer upon re-quest.

SERVICE CONTRACT ACT

This service is covered by the Service Contract Act. The price quoted must cover the minimum wage, health and welfare benefits, federal holidays, vacation, and sick time that the individual providing the service is en-titled to in accordance with Wage Determination 2015-5629 Revision 8 published on July 17, 2018 which is at-tached.

2.2 Statement of Work

The Federal Bureau of Prisons, Federal Correctional Complex, Victorville, California, intends to make a single award of an indefinite delivery, requirements type contract with firm fixed unit prices to a responsible entity for the provision of Grease Trap Pumping Services as set forth in this solicitation.

PLACE OF PERFORMANCE

The Federal Bureau of Prisons, Federal Correctional Complex, 13777 Air Expressway Blvd., Victorville, CA 92394

I. SPECIFICATIONS

The Federal Bureau of Prisons, Federal Correctional Complex (FCC) Victorville, intends to make an award to a responsible entity for the provision of pumping of four grease interceptors. Located at the United States FCC Victorville, 13777 Air Expressway Blvd., Victorville, CA 92394. FCC Victorville is located on previously owned and operated United States Air Force base. The 1065.5 acre parcel is now owned and operated by the Federal Bureau of Prisons. Located in the Western Regional section of the Federal Prison System. FCC Victor-ville houses and employs an average of 5,000 high to low security inmates. Comprised of a High Security Penit-entiary, 2 Federal Correctional Institutes, and a low security Federal Prison Camp. The work that is to be per-formed will be done inside the Secure Perimeter of all the previously stated Institutions.

The Contractor shall supply all labor, materials and equipment to provide safe and thorough pumping and haul-ing of the material located in the grease interceptors. There is a grease interceptor on the wastewater line from the Food Service to the Interceptor at each of the four Institutions. The Contractor will pump out and clean the grease traps, lift station, auger grit monster, and waste water treatment plant. Any waste removed will be con-sidered the Contractor's property and they must dispose of it in accordance with all applicable Federal, State, and Local statutes and regulations. Disposal of any project residue or waste material shall comply with all ap-

15B61618Q00000168 Page 7 of 36 plicable Federal, State, County and Local building codes and regulations, including Environmental Protection Agency (EPA) and Occupational Safety & Health Administration (OSHA) regulations.

All new and repair work shall meet the requirements of International Building Code, and all applicable State and Local Codes. The most stringent code will govern.

The Contractor has sole responsibility and discretion for choosing and implementing the manner and method of performing tasks outlined in this Statement of Work as long as the requirements are met in accordance with the policies described in the specifications.

A. Operation Specifications/Scope of Work- Pumping and Hauling Grease Interceptor Waste:

Provide pumping and hauling of grease interceptor waste semi-annually. There are a total of 4 grease intercept-ors located at four different locations on the property. (See drawings for locations of sections).GI #1 located at the FCI-1 is a 10,000 gallon interceptor, GI #2 located at the FCI-2 is a 15,000 gallon interceptor, GI #3 located at the USP is a 20,000 gallon interceptor, and GI #4 located at the rear of the FPC is a 5,000 gallon interceptor.

Total amount of gallons pumped per pumping is 50,000 gallons. Contractor is required to provide enough staff to complete project in three 8 hour work days. Contractor is required to do work stated in Scope of Work in three work days semi-annually. Work is to be done in three day time frames to keep the interruption of the regu-lar daily operation of institution to a minimum. Ideally, the Facilities department would like to perform the pumping of two grease traps a day.

B. Federal Correctional Complex Responsibilities

1. The FCC Facilities Department shall be responsible to ensure that all lock/out and tag/out procedures are adhered to (as applicable). Prison staff will be readily available to assist in any way during course of work

2. The Contracting Office can enforce any safety requirements within the contract if necessary in regards to OSHA, EPA etc

3. The FCC will assign roles and responsibilities for FCC staff that will be responsible for planning, ad-ministration, and coordination of activities.

4. The FCC will provide the contractor access to the sites during pumping times.

C. Contractor’s Responsibilities

1. The Contractor shall be responsible to remove all debris, all old existing equipment, and waste materials from the job site and be disposed of in accordance with all Federal, State, and local laws. The FCC will not provide trash accommodations of large volume of material. Contractor shall provide copies of the Hazard-ous Waste manifests to Contracting Officer’s Representative.

2. The Contractor will provide the truck, equipment, and labor required for the removal and transporting of waste for disposal.

3. The Contractor is solely responsible for Safety on the job site.

4. The Contractor will be responsible for proper tool and equipment control.

5. The Contractor will abide by all of the institution’s security requirements.

6. The Contractor will be permitted to wear jeans in the institution. Green or khaki colored clothing will not be allowed. The clothing will be proper and suitable for the services that are being provided.

7. Federal smoking policy on Federal property states that smoking is only allowed in designated areas. This policy will be strictly enforced.

8. The Contractor will adhere to all regulations prescribed by the institution for the safety, custody, and con-duct of inmates.

9. It shall be the Contractor’s responsibility to ensure all sub-contractors have access to ALL the information provided in this statement of work.

II. CONTRACTOR SECURITY/WORKING REGULATIONS

A. Working Hours

1. All work is to be completed between the hours of 7:00 AM – 4:00 PM, Monday - Friday, excluding week-ends and federal holidays.

2. Any work required to be completed at any other time than noted must be scheduled five (5) working day prior to the requested start of work and approved in writing by the Contracting Officer.

3. No work will be conducted on weekends, or federal holidays unless prior written approval by the Facility

Manager, (COR), Contracting Officer and Associate Warden received five (5) working days prior to the start of the work.

B. Security Clearance/Contractor Badges

1. All contractors/sub-contractors (no exceptions) working on the grounds of FCC Victorville required to

15B61618Q00000168 Page 8 of 36 show a picture ID/contractor badge. For security reasons, the ID will be shown in a visible manner enter-ing and exiting the grounds

2. The Contractor shall be responsible to comply with Homeland Security Presidential Directive (HSPD) 12.

The prime contractor is responsible to obtain all required documentation from their employees and subcon-tractors, review for accuracy, and submit to the FBOP. The Government will not accept security clearance packages from sub-contractors.

3. All security clearances shall be submitted to the (COR) by the prime contractor, a minimum of thirty (30) working days prior to the start of work. Security clearances will be in effect for the term of 6 months, and prior to the time of expiration.

4. All contractors and sub-contractor employees will provide a check list of all employees on site each day to the (COR), verifying the number of workers on site each day and that all workers are pre-approved to be on the site.

C. Safety and Personal Protective Equipment

1. All contractors and employees shall have and wear the required personal protective equipment prescribed by Occupational Safety & Health Administration (OSHA) regulations and industry standards at all times while on the job site. It is the responsibility of the Contractor to provide such equipment.

D. Other Considerations

1. The FCC shall ensure all power sources required for safety to prevent back feeding are locked/out and tagged/out with Contractor and FCC representative signatures.

2. The Contracting Officer’s Representative (COR) shall ensure a representative is present to allow access to all area’s requested by the Contractor.

3. Contractors will not be allowed to bring cell phones, cameras or two way pagers into the Institution. Nu-merical pagers are allowed and will be verified as working equipment prior to the entry to the Institution.

FCC Victorville Facilities Department maintains a digital camera that will be utilized by FCC staff to doc-ument the project work. The Contractor may have copies of these documentation photos for record keep-ing.

4. Lost time due to security restrictions/considerations: Contractors should plan for a minimal amount of time accrued for security considerations, i.e., check-in screening, delays due to inmate movements, Institu-tion lock-down, Institution emergencies, etc. Contractor should consider a 30 minute screen in and 30 minute screen out process to and from Institution. Screening in/out process will ensure a 100% tool and material accountability for safety to contractor, Institution staff, and inmates. In the event of an Institution emergency, the Contractor will be instructed to secure from all work, secure and stow all tools, equipment and materials, and the Contractor will be escorted out of the Institution. Work will be suspended until the Institution emergency passes. There will be no lost time cost implemented to the contractor in any case of emergency of the institution.

5. Any deviations from the statement of work or change must be authorized via modification issued by the Contracting Officer.

6. Contractor is solely responsible for maintaining Safety on the Job Site and must comply with all applicable Federal, State, and Local safety regulations.

7. The Contractor shall be licensed/permitted by the State of California and will provide evidence of proper waste disposal, in accordance with all current Federal, State, and local codes, laws, and requirements re-garding the disposal of waste.

E. Utilities

1. FCC will provide small hand tools, etc.

2. FCC will provide restroom services.

3. Other than restrooms and water, utilities must be provided by the Contractor.

15B61618Q00000168 Page 9 of 36

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (Jan 2017)

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

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov

Clause Title Fill-ins (if applicable)

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (Apr

1984)

52.253-1 Computer Generated Forms (Jan 1991)

52.232-18 Availability Of Funds (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 Items (Jan 2017)

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

52.204-13 System for Award Management Maintenance (Oct 2016)

52.233-3 Protest after Award (Aug 1996)

Clauses By Full Text

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 haz-ardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other materi-al or working condition designated by the Contracting Officer's Technical Representative (COTR) as potentially hazardous and requir-ing 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 pres-ence 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.

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(d) If during the performance of the work under this contract, the contractor or any of its employees, or subcontractor employees, dis-covers 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 consti-tute 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)Jeremy Caillier ,Engineering Technician , FCC Victorville,760-530-5700, is hereby designated as the Contracting Officer's Repres-entative (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 con-tractor effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

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

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 con-tractor 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 Se-curity 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 is-sued 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

15B61618Q00000168 Page 11 of 36 months or fewer are subject to the identity proofing requirements listed in items 1a. and 1b. above. The pre-appointment waiver re-quirements 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 commen-surate 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 is-suance. 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 ex-ample, 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 ac-cess.

c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contract-or, 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 investiga-tion, 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]

BOP 2852.237-72 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 commit-ment, 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 inform-ation 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 2852.237-77 Contractors Classified as Common Law Employees (Nov 2014)

(a) When award is made to an individual other than a corporation, the provision of these services is considered to create a common law employment relationship. Therefore, the Bureau is responsible for the payment of

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FICA taxes and the withholding of the individual contractor’s taxes.

(b) An award made to an individual resulting from this solicitation is not subject to FAR 52.212-4(i), Prompt Payment Act.

(c) Upon contract award, the following forms shall be completed by the individual awardee:

• Direct Deposit (SF-1199A)

• Federal/State/City/County Tax forms (as applicable)

• Employee Locator Form (DOJ-233)

• Race and National Origin Identification (SF-181)

• Self-Identification of Handicap (SF-256)

• Employment Eligibility Verification (I-9)

(d) Despite an individual contractor’s status as a common law employee, the contractor is not entitled to other aspects of employment with the Bureau such as the filing of Equal Employment Opportunity claims, tort claims, etc.

[End of Clause]

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Of-ficer may exercise the option by written notice to the Contractor within the contract 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 within the current performance period;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an ex-tension.

(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 (months)(years).

(End of clause)

52.216-18 Ordering (Oct 1995)

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

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

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

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one each, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of the estimated quantities identified in the Schedule of Items within the current performance period;

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(2) Any order for a combination of items in excess of the estimated quantities identified in teh 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 para-graph (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 Regula-tion (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 limita-tions in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-21 Requirements (Oct 1995)

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

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

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

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

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified un-der 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 Con-tractor 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 Con-tractor shall not be required…