Sol 15BFA022Q00000080 0002.pdf
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- Solicitation number
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15BFA022Q00000080/0002 Page 1 of 48
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
1. CONTRACT ID CODE PAGE OF PAGES
1 48
2. AMENDMENT/MODIFICATION NUMBER
3. EFFECTIVE DATE
09/17/2020
4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)
15BFA0CODE
Federal Bureau of Prisons Field Acquisition Office U.S. Armed Forces Reserve Complex 346 Marine Forces Drive Grand Prairie, TX 75051
Tammie Johnson (t8johnson@bop.gov)
(O) 972-352-4535
6. ISSUED BY 15B513CODE
Federal Bureau of Prisons FTC Oklahoma 7410 S. MacArthur Blvd.
Oklahoma City, OK 73169
7. ADMINISTERED BY (If other than Item 6)
9A. AMENDMENT OF SOLICITATION NUMBER
15BFA022Q00000080
CODE FACILITY CODE
8. NAME AND ADDRESS OF CONTRACTOR (Number, street, country, state and ZIP Code) (X)
X 9B. DATED (SEE ITEM 11)
07/25/2022
10A. MODIFICATION OF CONTRACT/ORDER
NUMBER
10B. DATED (SEE ITEM 13)
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
X XThe above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning __1__copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (If required)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.
IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.
CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT
ORDER NUMBER IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority)
E. IMPORTANT: Contractor is not, is required to sign this document and return _______ copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
Amendment 0002 hereby clarifies the size of the self-contained trash compactor disposal located at the rear gate is a 30 yards container. All other aspects remains the same.
*Contractor must submit quote on SF30 for amendment 0002.
* Contractor must acknowledge amendment 0001 by signing and submitting page one of the SF30 with their quote.
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
Tammie Johnson Johnson
(Signature of person authorized to sign)
15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED
By (Signature of Contracting Officer)
16B. UNITED STATES OF AMERICA 16C. DATE SIGNED
09/17/2020 Previous edition unusable STANDARD FORM 30 (REV. 11/2016)
Prescribed by GSA FAR (48 CFR) 53.243
15BFA022Q00000080/0002 Page 2 of 48
Table of Contents
Section Description Page Number
1 Solicitation/Contract Form 2 Commodity or Services Schedule
2.1 Pricing Methodology
2.2 Statement of Work Solid Waste Removal Services
2.3 Special Contract Conditions
3 Contract Clauses 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018) 52.228-5 Insurance-Work on a Government Installation (Jan 1997) 52.232-18 Availability of Funds (Apr 1984) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Jun 2020) 52.216-18 Ordering (Aug 2020) 52.216-19 Order Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)
52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA
OR OTHER NATIONAL EMERGENCY (May 2008) 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)
52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE
2004)
BOP 2852.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR
2011) DJAR-PGD-15-03 Security of Department Information and Systems DJAR-PGD-14-05 Contractor Notice Regarding DOJ Policy Statement 1200.02, Federal Workplace Responses to Domestic Violence, Sexual Assault, and Stalking (Dec 2014) DOJ-01 Whistleblower Information Distribution (Oct 2021) DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021); (Alt. I) -- Classified Information -- Cleared Contractors 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (May 2022)
4 List of Attachments 5 Solicitation Provisions
5.1 Quote Submission Instructions:
5.2 Evaluation and Award Methodology
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2022) 52.204-7 System for Award Management (Oct 2018) 52.212-1 Instructions to Offerors-Commercial Items (Jun 2020) 52.217-5 Evaluation of Options (July 1990)
15BFA022Q00000080/0002 Page 3 of 48
Section 2 - Commodity or Services Schedule
Solid waste removal services for FTC Oklahoma City, Oklahoma in accordance with the Statement of work.
Firm Fixed Price
SCHEDULE OF SUPPLIES/SERVICES
CONTINUATION SHEET
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 Base Year - Rental of one 10 yard open top self-contained trash disposal located at FTC outside grounds.
PSC: S205
Previous :
Change: 0
Current : 12
MO $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 Base Year - Rental of one 30 yard self-contained trash compactor disposal located at the FTC rear gate.
PSC: S205
Previous :
Change: 0
Current : 12
MO $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0003 Base Year - estimated tonnage for landfill tipping fee for the 10 yard open top trash disposal container.
PSC: S205
Previous : 2
Change: 0
Current : 2
TN $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0004 Base Year - estimated tonnage for landfill tipping fee for the 30 yard trash compactor.
PSC: S205
Previous :
Change: 0
Current : 70
TN $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0005 Base year estimated haul charge per trip to the local landfill for the 10 yard trash disposal container. (once per week)
PSC: S205
Previous :
Change: 0
Current : 52
TP $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0006 Base year - estimated haul charge per trip to the local landfill for the 30 yard trash compactor. (3 times per week).
PSC: S205
Previous :
TP $________ $_________________
15BFA022Q00000080/0002 Page 4 of 48
Change: 0
Current :
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0007 Option Year 1 - Rental of one 10 yard open top self-contained trash disposal located at FTC outside grounds.
PSC: S205
Previous :
Change: 0
Current : 12
MO $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0008 Option Year 1 - Rental of one 30 yard self-contained trash compactor disposal located at the FTC rear gate.
PSC: S205
Previous :
Change: 0
Current : 12
MO $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0009 Option Year 1 - estimated tonnage for landfill tipping fee for the 10 yard open top trash disposal container.
PSC: S205
Previous : 2
Change: 0
Current : 2
TN $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0010 Option Year 1 - estimated tonnage for landfill tipping fee for the 30 yard trash compactor.
PSC: S205
Previous :
Change: 0
Current : 70
TN $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0011 Option Year 1 - estimated haul charge per trip to the local landfill for the 10 yard trash disposal container. (once per week)
PSC: S205
Previous :
Change: 0
Current : 52
TP $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0012 Option Year 1 - estimated haul charge per trip to the local landfill for the 30 yard trash compactor. (3 times per week).
PSC: S205
Previous :
Change: 0
15BFA022Q00000080/0002 Page 5 of 48
Current :
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0013 Option Year 2 - Rental of one 10 yard open top self-contained trash disposal located at FTC outside grounds.
PSC: S205
Previous :
Change: 0
Current : 12
MO $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0014 Option Year 2 - Rental of one 30 yard self-contained trash compactor disposal located at the FTC rear gate.
PSC: S205
Previous :
Change: 0
Current : 12
MO $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0015 Option Year 2 - estimated tonnage for landfill tipping fee for the 10 yard open top trash disposal container.
PSC: S205
Previous : 2
Change: 0
Current : 2
TN $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0016 Option Year 2 - estimated tonnage for landfill tipping fee for the 30 yard trash compactor.
PSC: S205
Previous :
Change: 0
Current : 70
TN $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0017 Option Year 2 - estimated haul charge per trip to the local landfill for the 10 yard trash disposal container. (once per week)
PSC: S205
Previous :
Change: 0
Current : 52
TP $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0018 Option Year 2 - estimated haul charge per trip to the local landfill for the 30 yard trash compactor. (3 times per week).
PSC: S205
Previous :
Change: 0
Current :
15BFA022Q00000080/0002 Page 6 of 48
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0019 Option Year 3 - Rental of one 10 yard open top self-contained trash disposal located at FTC outside grounds.
PSC: S205
Previous :
Change: 0
Current : 12
MO $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0020 Option Year 3 - Rental of one 30 yard self-contained trash compactor disposal located at the FTC rear gate.
PSC: S205
Previous :
Change: 0
Current : 12
MO $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0021 Option Year 3 - estimated tonnage for landfill tipping fee for the 10 yard open top trash disposal container.
PSC: S205
Previous : 2
Change: 0
Current : 2
TN $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0022 Option Year 3 - estimated tonnage for landfill tipping fee for the 30 yard trash compactor.
PSC: S205
Previous :
Change: 0
Current : 70
TN $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0023 Option Year 3 - estimated haul charge per trip to the local landfill for the 10 yard trash disposal container. (once per week)
PSC: S205
Previous :
Change: 0
Current : 52
TP $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0024 Option Year 3 - estimated haul charge per trip to the local landfill for the 30 yard trash compactor. (3 times per week).
PSC: S205
Previous :
Change: 0
Current :
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
15BFA022Q00000080/0002 Page 7 of 48
0025 Option Year 4 - Rental of one 10 yard open top self-contained trash disposal located at FTC outside grounds.
PSC: S205
Previous :
Change: 0
Current : 12
MO $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0026 Option Year 4 - Rental of one 30 yard self-contained trash compactor disposal located at the FTC rear gate.
PSC: S205
Previous :
Change: 0
Current : 12
MO $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0027 Option Year 4 - estimated tonnage for landfill tipping fee for the 10 yard open top trash disposal container.
PSC: S205
Previous : 2
Change: 0
Current : 2
TN $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0028 Option Year 4 - estimated tonnage for landfill tipping fee for the 30 yard trash compactor.
PSC: S205
Previous :
Change: 0
Current : 70
TN $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0029 Option Year 4 - estimated haul charge per trip to the local landfill for the 10 yard trash disposal container. (once per week)
PSC: S205
Previous :
Change: 0
Current : 52
TP $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0030 Option Year 4 - estimated haul charge per trip to the local landfill for the 30 yard trash compactor. (3 times per week).
PSC: S205
Previous :
Change: 0
Current :
Aggregate Total: __________________________________
2.1 Pricing Methodology
15BFA022Q00000080/0002 Page 8 of 48
The quantity of services to be provided by the contractor is estimated. These estimates are not a representation to an quoter or contractor that the estimated quantity will be required or ordered, or that conditions affecting requirements will be stable or normal.
(FAR 16.503(a)(1) Contract pricing shall include all charges to the Government for providing the services required by the solicitation.
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 quoter may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.
2.2 Statement of Work Solid Waste Removal Services
Subject The Federal Bureau of Prisons (BOP), Field Acquisition Office, Grand Prairie, Texas intends to award a contract with firm-fixed unit prices for the provision of Solid Waste Removal for the Federal Transfer Center (FTC), Oklahoma City, OK. The contractor shall provide complete trash removal services to include pick-up, haul/relocate, and dump at a local landfill. Information about the FTC Oklahoma can be located at www.bop.gov.
Place of Performance Federal Transfer Center, 7410 S. Macarthur Blvd. Oklahoma City, OK 73169 Services to be Performed Contractor is to provide all new equipment, licenses, permits, maintenance, pulls/removals and land fill fees to remove solid waste materials for the Federal Transfer Center, Oklahoma City, Oklahoma. The compactor shall be dumped and returned empty to the institution the same morning. The open top dumpster shall be picked up and returned on Fridays. The trash compactor will be hooked up to a 480-volt electrical outlet at the rear gate.
Location of Equipment Item 1: One (1) 10 Yard Trash Disposal (FTC Outside Grounds); open top; self-contained; estimated tonnage is 2 tons per month.
Item 2: One (1) 30 Yard Trash Compactor Disposal (FTC Rear Gate); self-contained; estimated tonnage is 70 tons per month.
Schedule Services performed under this contract require pickup of solid waste materials as follows.
Item 1 - Friday between 7:00 AM and 2:00 PM.
Item 2 - Monday, Wednesday, and Friday between 7:00 AM and 2:00 PM.
Note: Contractor is cautioned that during emergency conditions or foul weather conditions access through the rear gate will not be permitted and scheduled pickup will have to be arranged at a later time.
Method of Performance The manner and method of performance are the sole responsibility and within the sole discretion of the contractor, providing however, the contractor shall perform in accordance with all applicable local, State and Federal codes and regulations consistent with proper waste removal and disposal. The contractor will be responsible for all fees, licenses, and penalties incurred in the performance of the contract. However, contractor performance shall be closely monitored. The Contractor is solely responsible for full compliance with all Federal, State, Local and Bureau of Prisons laws, policies, rules and regulations. In the event that two or more of the regulations conflict, the strictest of the regulations shall apply. The contractor shall be responsible for the provision of all equipment, labor, licenses, maintenance, materials, parts, permits, repairs, tools, etc. needed to carry out the requirements of this contract Institution Security/Inmate Management The contractor agrees to adhere to all regulations prescribed by the institution for the safety, custody and conducts of inmates. The contractor will attend the Institution familiarization program as required by policy (a minimum of a four hour orientation and security procedures meeting) prior to commencing work on this contract and annually thereafter. The contractor is to be constantly aware of security and maintain a professional relationship with the inmates at all times. Any violations of the Institution rules and regulations are to be brought immediately to the attention of the appointed government employee in order for prompt, proper action.
Cleanliness of Collection Area Collection areas shall be left in a neat and orderly manner. All solid waste in the vicinity of the collection area, including spillage and waste left or spilled by the contractor user, shall be picked up by the contractor to include areas within 10 feet of containers.
15BFA022Q00000080/0002 Page 9 of 48
Inclement Weather Schedule Refuse shall be collected as scheduled during inclement weather unless specific approval to delay is requested by the Contractor and approved by the Contracting Officer Representative (COR) or the Contracting Officer.
Holiday Schedule When a scheduled collection falls on a Federal Holiday, the pick-up shall be made the following day, excluding weekends, at the regularly scheduled time at no additional cost to the Government.
Contract Completion Upon completion of this contract, all contractor furnished equipment must be removed from the Institution before the final invoice can be paid.
Continuity of Services To ensure continuity of essential services, the contractor shall be prepared to fully commence work on the start date of the contract and should not assume that Government or previous contractor employees will be available to guide, direct or specifically orientate each contractor employee.
2.3 Special Contract Conditions
The Government contemplates a single award of an indefinite delivery/requirements type contract with firm-fixed unit prices resulting from this solicitation. It is anticipated that the contract resulting from this solicitation will be awarded by October 1, 2022 and the effective date of December 1, 2022.
The resulting contract will include a base year period from the Effective Date of Award (EDOA) and four (4) possible 12-month option periods for renewal at the unilateral discretion of the Government. Quoters are advised that the Government has the unilateral right to exercise option periods in accordance with FAR 43.103(b) and 52.217-9, "Option to Extend the Term of the Contract”.
Base year – December 1, 2022 through November 30, 2023 Option Year 1 – December 1, 2023 through November 30, 2024 Option Year 2 – December 1, 2024 through November 30, 2025 Option Year 3 – December 1, 2025 through November 30, 2026 Option Year 4 – December 1, 2026 through November 30, 2027
Place of Performance Federal Transfer Center (FTC) Oklahoma City 7410 S. Macarthur Blvd.
Oklahoma City, Oklahoma 73169
Point of Acceptance The point of acceptance is FTC Oklahoma.
Non-Personal Service The service is a contractual arrangement for and not a personnel appointment. Payment is based on the provision of 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 other reasonable manner, the quality of services rendered under this contract. All records shall be subject to review by the Contracting Officer or Contracting Officer Representative (COR).
Payments will be denied when such service does not support the charges or if the service is deemed not necessary or appropriate. Such determinations may be made by the Contracting Officer or COR, whichever is appropriate. All records shall be subject to review by the Contracting Officer or other delegated representatives of the BOP.
Contracting Officer Responsibility Authority to negotiate changes in the terms, conditions, or amounts cited in this contract is reserved to the Contracting Officer. This responsibility may be delegated to an Administrative Contracting Officer by the Contracting Officer.
The Administrative Contracting Office ACO
15BFA022Q00000080/0002 Page 10 of 48
The Administrative Contracting Office ACO will be the FTC Oklahoma City Contracting Office in Oklahoma City, OK. Attn.:
Contract Specialist. This assignment carries with it the authority to perform all of the normal contract administration functions listed in FAR 42.302 (a) as items 1 through 71 to the extent that those functions apply to this contract. This assignment also includes delegation of authority to perform those negotiation functions as specified in FAR 42.302(b) as item (1) through (11).
Authorized Ordering Officials OF-347, SF 1449, or Purchase Card Acquisition Form will be used as the task order by any properly warranted Bureau Contracting Officer located at FTC Oklahoma City. Delivery Orders/Task Orders may be issued by any of the following methods:
orally, facsimile, mail, or electronic commerce methods.
The employees of the contractor entering the institution may be required to meet certain security requirements prior to entering the institution. Primary concerns are the amount of contact that may occur between the contractor and his/her employees with the inmate population during the performance of the contract. Contract employees are allowed access to the institution at the sole discretion of the CEO of the institution. The program manager at FTC Oklahoma City is responsible for conducting the appropriate law enforcement check on all contractor staff that may need access inside the prison facility. The following investigative procedure will be performed:
(1) National Crime Information Center (NCIC) check;
(2) Declaration of Federal Employment (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.
Quoters should also note that BPA clause 52.24-403-70, Notice of Contractor Personnel Security Requirements (Oct 2005) requires that contractor personnel have a “favorable credit report.” Quoters are strongly encouraged to pre-screen potential candidates for credit issues before submitting the candidate to FTC Oklahoma City.
By submitting a quote for service, the contractor and its employees agree to complete the required documents and undergo the listed procedures. An individual who does not pass the security clearance will be unable to enter the Bureau facility. Any individual employed by the contractor who is deemed not suitable by the Bureau requirements will not be granted access to perform services under the contract. This is a condition of the contract. Finally, the contractor shall be in compliance with 8 CFR 274a regarding employment of aliens Statement of Equivalent Hires The applicable fill in information for FAR 52.222-42, Statement of Equivalent Hires (May 2014) is as follows: Refuse Collector - Code: 99730 - $20.74 plus benefits. As stated in the contract clause, this is for information purposes only.
Department of Labor Wage Determination The applicable DOL Wage Determination for this procurement has been determined to be Wage Determination No.: 2015- 5315 Revision No.: 19, Date of Revision: 07/13/2022. The current revision of the determination is attached for informational purposes.
Section 3 - Contract Clauses
A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Items (Oct 2018)
The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.
Clauses By Reference
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
15BFA022Q00000080/0002 Page 11 of 48
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)
52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018)
52.228-5 Insurance-Work on a Government Installation (Jan 1997)
52.232-18 Availability of Funds (Apr 1984)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors
(Dec 2013)
52.204-13 System for Award Management Maintenance (Oct 2018)
52.203-17 Contractor Employee Whistleblower Rights and Requirement To
Inform Employees of Whistleblower Rights (Jun 2020)
52.216-18 Ordering (Aug 2020)
(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 performance period [insert dates].
(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) A delivery order or task order is considered "issued" when--
(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;
(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or
(3) If sent electronically, the Government either--
(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or
(ii) Distributes the delivery order or task order via email to the Contractor's email address.
(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
(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 1 [insert dollar figure or quantity], 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 specified quantity listed [insert dollar figure or quantity];
15BFA022Q00000080/0002 Page 12 of 48
(2) Any order for a combination of items in excess of specified quantity listed [insert dollar figure or quantity]; 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)
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 last day of the current performance period [insert date].
(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 prior to the last day of the current performance period [insert the period of time within which the Contracting Officer may exercise the option]; 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 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 (months) (years).
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(End of clause)
52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.
This Statement is for Information Only: It is not a Wage Determination Employee Class Monetary Wage-Fringe Benefits 99730 $20.74
(End of clause)
52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)
Funds are not presently available for performance under this contract beyond September 30th.. 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 30th., until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.
(End of clause)
52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA OR OTHER NATIONAL EMERGENCY (May 2008)
During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absenteeism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in Government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.
The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce.
Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation.
The types of actions a federal contractor should reasonably take to help ensure performance are:
• Encourage employees to get inoculations or follow other preventive measures as advised by the public health service.
• Cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services where telework is not an option.
• Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful remote work in an emergency.
• Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency.
• Establish communication processes to notify employees of activation of this plan.
• Integrate pandemic health crisis response expectations into telework agreements.
• With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period). Security concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropriate.
• Determine how all employees who may telework will communicate with one another and with management to accomplish work.
• Practice telework regularly to ensure effectiveness.
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• Make it clear that in emergency situations, employees must perform all duties assigned by management, even if they are outside usual or customary duties.
• Identify how time and attendance will be maintained.
It is the contractor's responsibility to advise the Government Contracting Officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her absence, another responsible person in the contracting office via telephone or email messages acknowledging the contractor's notification. The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations.
The Department does reserve the right in such emergency situations to use Federal employees, employees of other agencies, contract support from other existing contractors, or to enter into new contracts for critical support services. Any new contracting efforts would be acquired following the guidance in the Office of federal Procurement Policy issuance "Emergency Acquisitions", May, 2007 and Subpart 18.2. Emergency Acquisition Flexibilities, of the Federal Acquisition Regulations.
[End of Clause]
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 Technical Representative (COTR) as potentially hazardous and requiring safety controls.
(b) The Occupational Safety and Health Administration (OSHA) is responsible for issuing and administering regulations that require contractors to apprise its employees of all hazards to which they may be exposed in the course of their employment; proper conditions and precautions for safe use and exposure; and related symptoms and emergency treatment in the event of exposure.
(c) Prior to commencement of work, contractors are required to inspect for and report to the contracting officer or designee the presence of, or suspected presence of, any unsafe condition including asbestos or other hazardous materials or working conditions in areas in which they will be working.
(d) If during the performance of the work under this contract, the contractor or any of its employees, or subcontractor employees, discovers the existence of an unsafe condition, the contractor shall immediately notify the contracting officer, or designee, (with written notice provided not later than three (3) working days thereafter) of the existence of an unsafe condition. Such notice shall include the contractor's recommendations for the protection and the safety of Government, contractor and subcontractor personnel and property that may be exposed to the unsafe condition.
(e) When the Government receives notice of an unsafe condition from the contractor, the parties will agree on a course of action to mitigate the effects of that condition and, if necessary, the contract will be amended. Failure to agree on a course of action will constitute a dispute under the Disputes clause of this contract.
(f) Nothing contained in this clause shall relieve the contractor or subcontractors from complying with applicable Federal, State, and local laws, codes, ordinances and regulations (including the obtaining of licenses and permits) in connection with hazardous material including but not limited to the use, disturbance, or disposal of such material.
(End of Clause)
52.21-603-70 Contracting Officer's Representative (COR) (June 2012)
(a)The contracting office ,at FTC Oklahoma City , _________________________,405-680-4072, is hereby designated as the Contracting Officer's Representative (COR) under this contract.
(b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provide hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contractor effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.
(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.
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52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)
For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commitment, individuals or contractor employees providing services must have:
1. Legally resided in the United States (U.S.);
2. worked for the U.S. overseas in a Federal or military capacity; or
3. been a dependent of a Federal or military employee serving overseas.
If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current information regarding allied countries: http://www.opm.gov/employ/html/citizen.htm By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.
[End of Clause]
BOP 2852.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR 2011)
The services, although not directly supervised, shall be reviewed by Federal Bureau of Prisons (BOP) staff to ensure contract compliance. The contractor's performance will be evaluated in accordance with FAR 42.15. Contract monitoring reports will be prepared by the Contacting Officer's Representative (COR) and maintained in the contract file.
In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit it 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 an e-mail from the Focal Point thru the following website address webptsmh@navy.milwhen the contract 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)
DJAR-PGD-15-03 Security of Department Information and Systems
I. Applicability to Contractors and Subcontractors
This clause applies to all contractors and subcontractors, including cloud service providers (“CSPs”), and personnel of contractors, subcontractors, and CSPs (hereinafter collectively, “Contractor”) that may access, collect, store, process, maintain, use, share, retrieve, disseminate, transmit, or dispose of DOJ Information. It establishes and implements specific DOJ requirements applicable to this Contract. The requirements established herein are in addition to those required by the Federal Acquisition Regulation (“FAR”), including FAR 11.002(g) and 52.239-1, the Privacy Act of 1974, and any other applicable laws, mandates, Procurement Guidance Documents, and Executive Orders pertaining to the development and operation of Information Systems and the protection of Government Information. This clause does not alter or diminish any existing rights, obligation or liability under any other civil and/or criminal law, rule, regulation or mandate.
II. General Definitions
The following general definitions apply to this clause. Specific definitions also apply as set forth in other paragraphs.
A. Information means any communication or representation of knowledge such as facts, data, or opinions, in any form or medium, including textual, numerical, graphic, cartographic, narrative, or audiovisual. Information includes information in an electronic format that allows it be stored, retrieved or transmitted, also referred to as “data,” and “personally identifiable information” (“PII”), regardless of form.
B. Personally Identifiable Information (or PII) means any information about an individual maintained by an agency, including, but not limited to, information related to education, financial transactions, medical history, and criminal or employment history and information, which can be used to distinguish or trace an individual's identity, such as his or her name, social security number, date and place of birth, mother's maiden name, biometric records, etc., including any other personal information which is linked or linkable to an individual.
C. DOJ Information means any Information that is owned, produced, controlled, protected by, or otherwise within the custody or responsibility of the DOJ, including, without limitation, Information related to DOJ programs or personnel. It includes, without
15BFA022Q00000080/0002 Page 16 of 48 limitation, Information (1) provided by or generated for the DOJ, (2) managed or acquired by Contractor for the DOJ in connection with the performance of the contract, and/or (3) acquired in order to perform the contract.
D. Information System means any resources, or set of resources organized for accessing, collecting, storing, processing, maintaining, using, sharing, retrieving, disseminating, transmitting, or disposing of (hereinafter collectively, “processing, storing, or transmitting”) Information.
E. Covered Information System means any information system used for, involved with, or allowing, the processing, storing, or transmitting of DOJ Information.
III. Confidentiality and Non-disclosure of DOJ Information
A. Preliminary and final deliverables and all associated working papers and material generated by Contractor containing DOJ Information are the property of the U.S. Government and must be submitted to the Contracting Officer (“CO”) or the CO’s Representative (“COR”) at the conclusion of the contract. The U.S. Government has unlimited data rights to all such deliverables and associated working papers and materials in accordance with FAR 52.227-14.
B. All documents produced in the performance of this contract containing DOJ Information are the property of the U.S.
Government and Contractor shall neither reproduce nor release to any third-party at any time, including during or at expiration or termination of the contract without the prior written permission of the CO.
C. Any DOJ information made available to Contractor under this contract shall be used only for the purpose of performance of this contract and shall not be divulged or made known in any manner to any persons except as may be necessary in the performance of this contract. In performance of this contract, Contractor assumes responsibility for the protection of the confidentiality of any and all DOJ Information processed, stored, or transmitted by the Contractor. When requested by the CO (typically no more than annually), Contractor shall provide a report to the CO identifying, to the best of Contractor’s knowledge and belief, the type, amount, and level of sensitivity of the DOJ Information processed, stored, or transmitted under the Contract, including an estimate of the number of individuals for whom PII has been processed, stored or transmitted under the Contract and whether such information includes social security numbers (in whole or in part).
IV. Compliance with Information Technology Security Policies, Procedures and Requirements
A. For all Covered Information Systems, Contractor shall comply with all security requirements, including but not limited to the regulations and guidance found in the Federal Information Security Management Act of 2014 (“FISMA”), Privacy Act of 1974, E- Government Act of 2002, National Institute of Standards and Technology (“NIST”) Special Publications (“SP”), including NIST SP 800-37, 800-53, and 800-60 Volumes I and II, Federal Information Processing Standards (“FIPS”) Publications 140-2, 199, and 200, OMB Memoranda, Federal Risk and Authorization Management Program (“FedRAMP”), DOJ IT Security Standards, including DOJ Order 2640.2, as amended. These requirements include but are not limited to:
1. Limiting access to DOJ Information and Covered Information Systems to authorized users and to transactions and functions that authorized users are permitted to exercise;
2. Providing security awareness training including, but not limited to, recognizing and reporting potential indicators of insider threats to users and managers of DOJ Information and Covered Information Systems;
3. Creating, protecting, and retaining Covered Information System audit records, reports, and supporting documentation to enable reviewing, monitoring, analysis, investigation, reconstruction, and reporting of unlawful, unauthorized, or inappropriate activity related to such Covered Information Systems and/or DOJ Information;
4. Maintaining authorizations to operate any Covered Information System;
5. Performing continuous monitoring on all Covered…
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