RFQ - MDC Brooklyn Solid Waste Removal.pdf

U.S. Department of Justice Federal Bureau of Prisons

Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

Dear Quoter:

Attached is a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the provision of Solid Waste Removal at the Metropolitan Detention Center (MDC) Brooklyn, located in Brooklyn, New York. This package contains all necessary information to submit a quote.

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

All potential quoters are advised that this solicitation includes the provision at FAR 52.204-7, System for Award Management (SAM), of this provision requires that all quoters doing business with the Federal Government to be registered in the SAM database. Quoters should include their Data Universal Number System (DUNS) number in their quotes. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardees DUNS number into the SAM database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award. For the purposes of this solicitation, all quoters SAM registration should include NAICS code 562111.

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

Quotes shall be received on or before the deadline specified in Block 8 of the Standard Form (SF) 1449, page 1 of this solicitation. Quotes shall be submitted electronically via email to sbchristian-carpenter@bop.gov in pdf format only and will be deemed received at the time as indicated on the email notification. Faxed and hand delivered quotes will not be accepted.

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

Sincerely, //s// S. Christian-Carpenter, Contracting Officer

15BFA024Q00000020 Page 1 of 54

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 AND 30.

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15BFA024Q00000020

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

04/09/2024

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

S. Christian-Carpenter schristian-carpenter@bop.gov

b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

TIME

04/29/2024 09:00 CT

CODE BFAO

Federal Bureau of Prisons

Field Acquisition Office

U.S. Armed Forces Reserve Complex

346 Marine Forces Drive

Grand Prairie, TX 75051

9. ISSUED BY UNRESTRICTED OR X SET ASIDE:100.00 % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

8(A)

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

562111

SIZE STANDARD:

$47,000,000.00

10. THE ACQUISITION IS

SEE SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

13b. RATING

X REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

15BBR0CODE15. DELIVER TO

Federal Bureau of Prisons MDC Brooklyn 80 29th Street Brooklyn, NY 11232

CODE 15BBR016. ADMINISTERED BY

Federal Bureau of Prisons MDC Brooklyn 80 29th Street Brooklyn, NY 11232

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

15BBR0CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons MDC Brooklyn 80 29th Street Brooklyn, NY 11232

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 NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Waste removal services for MDC Brooklyn, Dayton Manor, and Building 4 in accordance with the Statement of work.

CAGE: ______________

UEI: _____________________________

Firm Fixed Price

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

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

X ARE ARE NOT ATTACHED

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

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE _____________________________

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)

Sharon Christian-Carpenter

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

15BFA024Q00000020 Page 2 of 54

19.

ITEM NUMBER

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. 11/2021) BACK

15BFA024Q00000020 Page 3 of 54

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Year - MDC Brooklyn Solid Waste Removal:

Empty and replace two (2) each 30 cubic yard (CY) open containers once (1X) per week.

Estimated Maximum

PSC: S205

Base Period

104 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Base Year - MDC Brooklyn Solid Waste Removal:

Empty and return two (2) each 35 CY compact containers (inside Trash Compactor Sallyports) twice (2x) per week.

Estimated Maximum

PSC: S205

Base Period

208 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Base Year - Dayton Manor Solid Waste Removal:

Empty and replace two (2) each 30 CY open containers once (1X) per week.

Estimated Maximum

PSC: S205

Base Period

104 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Base Year - Building 4 Solid Waste Removal:

Empty and replace one (1) each 30 CY open container once (1X) per week.

Estimated Maximum

PSC: S205

Base Period

52 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Option Year 1 - MDC Brooklyn Solid Waste Removal:

Empty and replace two (2) each 30 cubic yard (CY) open containers once (1X) per week.

Estimated Maximum

PSC: S205

Base Period

104 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 Option Year 1 - MDC Brooklyn Solid Waste Removal:

Empty and return two (2) each 35 CY compact containers (inside Trash Compactor Sallyports) twice (2x) per week.

Estimated Maximum

PSC: S205

Base Period

208 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0007 Option Year 1 - Dayton Manor Solid Waste Removal:

Empty and replace two (2) each 30 CY open containers once (1X) per week.

Estimated Maximum

104 EA $________ $_________________

15BFA024Q00000020 Page 4 of 54

PSC: S205

Base Period

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0008 Option Year 1 - Building 4 Solid Waste Removal:

Empty and replace one (1) each 30 CY open container once (1X) per week.

Estimated Maximum

PSC: S205

Base Period

52 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0009 Option Year 2 - MDC Brooklyn Solid Waste Removal:

Empty and replace two (2) each 30 cubic yard (CY) open containers once (1X) per week.

Estimated Maximum

PSC: S205

Base Period

104 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 Option Year 2 - MDC Brooklyn Solid Waste Removal:

Empty and return two (2) each 35 CY compact containers (inside Trash Compactor Sallyports) twice (2x) per week.

Estimated Maximum

PSC: S205

Base Period

208 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0011 Option Year 2 - Dayton Manor Solid Waste Removal:

Empty and replace two (2) each 30 CY open containers once (1X) per week.

Estimated Maximum

PSC: S205

Base Period

104 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0012 Option Year 2 - Building 4 Solid Waste Removal:

Empty and replace one (1) each 30 CY open container once (1X) per week.

Estimated Maximum

PSC: S205

Base Period

52 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0013 Option Year 3- MDC Brooklyn Solid Waste Removal:

Empty and replace two (2) each 30 cubic yard (CY) open containers once (1X) per week.

Estimated Maximum

PSC: S205

Base Period

104 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0014 Option Year 3 - MDC Brooklyn Solid Waste Removal:

Empty and return two (2) each 35 CY compact containers (inside Trash Compactor Sallyports) twice (2x) per week.

Estimated Maximum

208 EA $________ $_________________

15BFA024Q00000020 Page 5 of 54

PSC: S205

Base Period

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0015 Option Year 3 - Dayton Manor Solid Waste Removal:

Empty and replace two (2) each 30 CY open containers once (1X) per week.

Estimated Maximum

PSC: S205

Base Period

104 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0016 Option Year 3 - Building 4 Solid Waste Removal:

Empty and replace one (1) each 30 CY open container once (1X) per week.

Estimated Maximum

PSC: S205

Base Period

52 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0017 Option Year 4 - MDC Brooklyn Solid Waste Removal:

Empty and replace two (2) each 30 cubic yard (CY) open containers once (1X) per week.

Estimated Maximum

PSC: S205

Base Period

104 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0018 Option Year 4 - MDC Brooklyn Solid Waste Removal:

Empty and return two (2) each 35 CY compact containers (inside Trash Compactor Sallyports) twice (2x) per week.

Estimated Maximum

PSC: S205

Base Period

208 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0019 Option Year 4 - Dayton Manor Solid Waste Removal:

Empty and replace two (2) each 30 CY open containers once (1X) per week.

Estimated Maximum

PSC: S205

Base Period

104 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0020 Option Year 4 - Building 4 Solid Waste Removal:

Empty and replace one (1) each 30 CY open container once (1X) per week.

Estimated Maximum

PSC: S205

Base Period

52 EA $________ $_________________

Aggregate Total: $___________________________

15BFA024Q00000020 Page 6 of 54

2.1 Pricing Methodology

The quantity of services to be provided by the contractor is estimated. These estimates are not a representation to a quoter or contractor that the estimated quantity will be required or ordered, or that conditions affecting requirements will be stable or normal. Contract pricing shall include all charges to the Government for providing the services required by this 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 (MDC Brooklyn, Dayton Manor, and Building 4)

A. INTRODUCTION

The Bureau of Prisons (BOP), Metropolitan Detention Center (MDC) Brooklyn, located in Brooklyn, New York, requires waste removal services for MDC Brooklyn, Dayton Manor, and Building 4, as detailed in this Statement of Work. The base year will begin on the date of award through a one-year period. Four additional one-year option periods may be exercised in accordance with the terms of the resulting contract. Payment to the Contractor will be based on the actual number of pickups ordered and performed in accordance with the Statement of Work.

Contract shall include all rental, installation, handling, maintenance, transfer, dumping and landfill fees, and any other related fees associated with the performance of this contract.

Locations:

MDC Brooklyn Dayton Manor Building 4 80 29th Street 9325 Ft. Hamilton Parkway 199 Flushing Avenue Brooklyn, NY 11232 Brooklyn, NY 11209 Brooklyn, NY 11205

B. PERFORMANCE

Method of Performance - The Contractor shall provide all equipment, labor and expertise required for the removal of solid waste, compacted waste, wet waste and recyclables from MDC Brooklyn, Dayton Manor and Building 4. The Contractor may be required to utilize two contractor employees during the removal of government-owned containers. Government employees and inmates are not permitted to help in the performance of this contract.

The Contractor shall provide services in accordance with the terms of the contract, independent of Government supervision except for security related matters and only upon receipt of a delivery order issued by a BOP warranted Contracting Officer. The Contractor shall be prepared to provide all services as stated herein within five (5) calendar days after contract award, unless changed by formal contract modification.

C. QUANTITIES

(1) The trash/refuse removal services shall normally be scheduled as follows:

A. Two each thirty cubic yard open containers at MDC Brooklyn: Pickup shall be at a minimum of once a week and replaced with an empty like sized container for continuous availability. The regular pick-up days and times shall be mutually agreed upon between the Contracting Officer and the Contractor.

B. Two each thirty-five cubic yard compactor containers at MDC Brooklyn: Pick-up shall be a minimum of two times per week per container, including Federal observed holidays. The regular pick-up days shall be mutually agreed upon between the Contracting Officer and the Contractor. The pickup time shall be between the hours of 3:30 a.m. and 4:30 a.m. The Contractor shall return the empty container between the hours of 8:00 a.m. - 8:30 a.m. to the respective compactor location. Note: The thirty-five cubic yard compactor containers are located at the Metropolitan Detention Center Brooklyn, at 100-29th Street and 80-29th Street Brooklyn, NY, inside the two Trash Compactor Sallyports.

C. Two each thirty cubic yard open containers at Dayton Manor: Pickup shall be at a minimum of once per week per container and replaced with an empty like sized container for continuous availability. The regular pick-up days and times shall be mutually agreed upon between the Contracting Officer and the Contractor.

D. One each thirty cubic yard open containers at Building 4: Pickup shall be at a minimum of once per week per container and replaced with an empty like sized container for continuous availability. The regular pick-up days and times shall be mutually agreed upon between the Contracting Officer and the Contractor.

(2) The above schedule and frequency are subject to change based on the needs of MDC Brooklyn, Dayton Manor, and Building 4. Unless emergency situations dictate otherwise, a notice of twenty-four (24) hours will be given to the Contractor if additional pick-up is required. The only individuals authorized to schedule additional pick-up or change pick-up dates or times is the Facility Manager or General Foreman(s). Once awarded a list of the individuals will be sent to the waste management company.

15BFA024Q00000020 Page 7 of 54

Additional pickups and replacements beyond the established schedule shall be paid at the standard pickup and replacement rate of the contract.

If the Contractor is unable to make a pick-up as scheduled, the Contractor shall provide notice to the Contracting Officer or the COR not less than 24 hours in advance. For security reasons, it is essential that pickups be performed as scheduled.

At no time shall MDC Brooklyn, Dayton Manor, and Building 4 be without waste containers specified in this Statement of Work.

(3) The below estimated quantities should not be construed as a precise requirement and are not a representation to the Contractor that the estimated quantities will be required or ordered, or that conditions affecting requirements will be stable or normal. Nor, should it be interpreted as an express or implied guarantee of income or capital by MDC Brooklyn. It is strictly for informative purposes.

Type / Location Estimated Number of Pulls, (Annually)

30 CY Open Top MDC Outside Storage (2 each * 52 weeks)

35 CY Compactor, MDC East & West Bldg.

(2 each * 2/week * 52 weeks)

30 CY Open Top, Dayton Manor (2 each * 52 weeks)

30 CY Open Top Building 4 Outside Storage (1 each * 52 weeks)

D. CONTRACTOR SUPPLIED EQUIPMENT

The Contractor shall supply the following equipment and related supplies:

(1) Two each thirty cubic yard, open top container, capable of transporting waste without leaking or permitting loss of waste. This container shall be located at MDC Brooklyn, 30th Street, Brooklyn, New York, at the exterior storage area. The exact location to be identified by Contracting Officer’s Representative (COR).

(2) Two each thirty cubic yard, open top containers, capable of transporting waste without leaking or permitting loss of waste. These containers shall be located at Dayton Manor Apartments, 9225 Fort Hamilton Parkway, Brooklyn, New York, 11209. Containers are to be placed outside in the vicinity of the fenced cooling tower. The exact location to be identified by Contracting Officer’s Representative (COR).

(3) One each thirty cubic yard, open top containers, capable of transporting waste without leaking or permitting loss of waste. These containers shall be located at Building 4, 199 Flushing Avenue, Brooklyn, New York, 11205. Containers are to be placed outside in the vicinity of the loading dock ramp. The exact location to be identified by Contracting Officer’s Representative (COR).

(4) One vehicle (minimum) manufactured for transporting Contractor supplied thirty cubic yard open top containers of solid waste.

(5) One vehicle (minimum) manufactured for transporting Owner owned “35 Yard EZ Pack Compactors.”

All equipment furnished hereunder shall be equipped with all necessary safety devices which shall be always maintained in operating condition and shall be listed by Underwriter’s Laboratories. All equipment must be identified with a control number. Also, equipment must be constructed or installed to prevent seepage and accumulation of debris underneath.

E. MAINTENANCE AND REPAIRS

All required repairs and maintenance to Contractor owned equipment shall be the responsibility of the Contractor. In the event the Contractor owned equipment is not fully functional, the Contractor is responsible for repairing/replacing the equipment with like equipment at no additional cost to the Owner.

Response time for repairs shall be as follows:

(1) Monday through Friday: Respond within four (4) hours of notification by the Contracting Officer or COR. MDC Brooklyn normal work hours are Monday through Friday 7:30 a.m. to 3:00 p.m.

(2) Weekends and Holidays: Respond within six (6) hours of notification by Contracting Officer or COR.

The Contractor shall be responsible for all spills and related cleanup costs because of Contractor owned equipment failure, or Contractor error.

All containers are to be returned clean by the Contractor. The Contractor shall ensure each container location is clean prior to removing container from the area.

15BFA024Q00000020 Page 8 of 54

F. PERMITS AND RECORDS

The Contractor shall ensure that waste is disposed of in accordance with all Federal, State, County and Local laws and/or regulations.

All licenses, permits, and permits to include parking open top on the street, and fees related to the waste removal shall be the responsibility of the Contractor. All equipment, supplies, open containers, and controls shall be supplied by the Contractor.

The Contractor shall provide copies of all receipts related to the disposal of the waste. The receipts must include the weight of the waste dumped. The receipts shall be addressed to the COR at MDC Brooklyn and shall be sent at a minimum of once per calendar month. The COR shall receive the receipt no later than the fifth working day of the following month.

G. TITLE TO EQUIPMENT

Unless otherwise specified in this contract, title to the Contractor owned waste removal equipment and equipment components shall remain with the Contractor.

In the event of the termination or cancellation of this contract as herein provided, the Contractor shall promptly remove all their property at their own expense. Upon the Contractor’s failure to do so, the BOP may remove, and store said property and charge the Contractor for any expenses incurred for such removal and storage.

All Contractor provided equipment and components of equipment are the sole property of the Contractor, and no supplemental agreement or relationship between the Government and the Contractor shall give the Government any proprietary interest in such components thereof.

All Government equipment and components of equipment are the sole property of the Government, and no supplemental agreement or relationship between the Contractor and the Government shall give the Contractor any proprietary interest in such components thereof.

H. RISK OF LOSS

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

The contractor assumes the full risk of and responsibility for any loss, destruction or damage occurring to the Government-owned waste removal equipment, components, or containers, attributable to the Contractor by reason of the negligence of its employees while acting within the scope of their employment.

I. SPACE RENTAL AND UTILITIES

The Contractor shall not be required to pay rental for the space occupied hereunder when in use on the premises of MDC Brooklyn/Dayton Manor.

J. INSTITUTION SECURITY

(1) The Contractor will not be subject to Government supervision, except for security related matters and monitoring of Contract performance.

(2) The Contractor or Contractor employees are prohibited from the following activities:

A. Supervision of inmates.

B. Supervision of BOP employees.

C. Participation in inmate accountability.

D. Requisitioning, signing for, or picking up supplies on behalf of the Government.

E. Formulation of policy or procedures on behalf of the Government.

(3) The contractor and its employees shall be required to meet and adhere to all regulations prescribed by the BOP for the safety, custody, and conduct of inmates, while in performance of the Contact. Security checks will be initiated each time the Contractor employees must enter the secure perimeter of MDC Brooklyn.

This requires approximately 45 minutes for entering and exiting but could take longer. The Government reserves the right for security reasons to prohibit certain vendor employees from entering the institution. Employees of the Contractor will be required to attend a four-hour orientation program prior to performing contractual duties within the institution.

Please see the "Requirements" paragraph in Section 2.3, "Special Contract Conditions" for investigative procedures that may be applied prior to any contract employee(s) having institution access.

In addition to the above procedures, Contractor employees must agree to undergo a urinalysis test (for the detection of marijuana and other drug usage). If a test result is positive, the individual(s) shall be excluded, and the Contractor shall provide acceptable replacement personnel subject to the same security requirements. Before a quote can be considered for award, the Contractor must agree to submit to the all the above security requirements.

K. INSURANCE

The Contractor for the protection of the United States Government (including MDC Brooklyn, Dayton Manor, and Building 4), shall procure and thereafter maintain, at its expense workers compensation, employer’s liability, and comprehensive automobile liability (bodily

15BFA024Q00000020 Page 9 of 54 injury and property damage).

Prior to award of any agreement, the offeror shall provide copies of its and its subcontractor’s insurance policies. A certification from the insurance carrier that the insurance will not be modified or canceled (unless the MDC Brooklyn Contracting Officer, at MDC Brooklyn, 80 29th Street, Brooklyn, NY 11232 is given 30 days prior notice thereof) shall also be given.

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 April 2023 and the effective date of June 1, 2024.

The resulting contract will include a base year period from the Effective Date of Award (EDOA) and a four (4) possible 12-month option periods at the unilateral discretion of the Government. Quoters are advised that the Government has the unilateral right to administer modifications during option periods in accordance with FAR 43.103(b). The Government also has the unilateral right to exercise option periods in accordance with FAR 52.217-9, "Option to Extend the Term of the Contract.”

Base Year – June 1, 2024 through May 31, 2025 Option Year 1 – June 1, 2025 through May 31, 2026 Option Year 2 – June 1, 2026 through May 31, 2027 Option Year 3 – June 1, 2027 through May 31, 2028 Option Year 4 – June 1, 2028 through May 31, 2029

Point of Acceptance: The point of acceptance is MDC Brooklyn.

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: The Contracting Office at MDC Brooklyn is assigned to be the Administrative Contracting Office (ACO). 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 Official: Task orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for MDC Brooklyn with an appropriate certificate of appointment. Each task order will identify the services schedule for that period.

Orders can be issued orally, by facsimile, mail, or electronic commerce methods.

Requirements: The Contractor will not be subject to Government supervision, except for security related matters and monitoring of contract performance. The following investigative procedures may be applied and appropriate forms completed before any Contractor employees are permitted inside an institution:

(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.

15BFA024Q00000020 Page 10 of 54

Quoters should also note that clause DOJ-03, Personnel Security Requirements for Contractor Employees (Nov 2021) 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 MDC Brooklyn.

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.

Schedule of Insurance: In accordance with FAR 52.228-5 and 28.307-2,

(a) Workers’ compensation and employer’s liability. Contractors are required to 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 contract 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 workers’ compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

(b) General liability. (1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence. (2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

(c) Automobile liability. The contracting officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

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 - $31.43 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- 4187 Revision No.:

27, Date of Revision: 12/26/2023. The current revision of the determination is attached for informational purposes.

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023)

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) 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) 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 (Mar 2023)

Clauses By Full Text

52.216-18 Ordering (Aug 2020)

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

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

(c) 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 deliverable as identified in Schedule of Services [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 the estimated quantities in the Schedule of Items within the current performance period;

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

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

(2) of this section.

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

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

(End of clause)

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 mul�ple loca�ons.

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

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

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

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the last day of the effective performance period.

(End of clause)

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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 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(End of clause)

52.222-42 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 $31.43, Plus Fringe Benefits

(End of clause)

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

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

(End of clause)

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

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

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

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

(d) Prior to commencement of work, Contractors are required to inspect for and report to the Contracting Officer the presence of, or suspected presence of, any unsafe condition including asbestos or other hazardous materials or working conditions in areas in which they will be working.

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

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

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

(End of Clause)

2852.201-70 Contracting Officer's Representative (COR) (NOV 2020)

(a) Mr. Paul M. Brady, General Foreman of Metropolitan Detention Center Brooklyn, 80 29th Street, Brooklyn, New York 11232, telephone: 718- 840-5010 or email: pbrady@bop.gov hereby designated to act as Contracting Officer’s Representative (COR) under TBD, for the period of TBD (specify the performance period of the contract that the designation covers).

(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or another representative designated in writing by the Contracting Officer. The term “technical direction” includes, without limitation, the following:

(i) Receiving all deliverables;

(ii) Inspecting and accepting the supplies or services provided in accordance with the terms and conditions of this contract;

(iii) Clarifying, directing, or redirecting the contract effort, including shifting work between work areas and locations, filling in details, or otherwise serving to accomplish the contractual statement of work to ensure the work is accomplished satisfactorily;

(iv) Evaluating performance of the Contractor; and

(v) Certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COR does not have the authority to issue direction that:

(i) Constitutes a change of assignment or work outside the contract specification/work statement/scope of work.

(ii) Constitutes a change as defined in the clause entitled “Changes” or other similar contract term.

(iii) Causes, in any manner, an increase or decrease in the contract price or the time required for contract performance;

(iv) Causes, in any manner, any change in a term, condition, or specification or the work statement/scope of work of the contract;

(v) Causes, in any manner, any change or commitment that affects price, quality, quantity, delivery, or other term or condition of the contract or that, in any way, directs the contractor or its subcontractors to operate in conflict with the contract terms and conditions;

(vi) Interferes with the contractor's right to perform under the terms and conditions of the contract;

(vii) Directs, supervises, or otherwise controls the actions of the Contractor's employees or a Subcontractor's employees.

(d) The Contractor shall proceed promptly with performance resulting from the technical direction of the COR. If, in the opinion of the Contractor, any direction by the COR or the designated representative falls outside the authority of (b) above and/or within the limitations of (c) above, the Contractor shall immediately notify the Contracting Officer.

(e) Failure of the Contractor and Contracting Officer to agree that technical direction is within the scope of the contract is a dispute that shall be subject to the “Disputes” clause and/or other similar contract term.

(f) COR authority is not re-delegable.

(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

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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 addresswebptsmh@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)

DOJ-01 Whistleblower Information Distribution (Oct 2021)

Within 30 days of contract award, the contractor and its subcontractors must distribute the “Whistleblower Information for Employees of DOJ Contractors, Subcontractors, Grantees, or Sub-Grantees or Personal Services Contractors” (“Whistleblower Information”) document to their employees performing work in support of the products and services delivered under this contract (https://oig.justice.gov/sites/default/files/2020- 04/NDAA-brochure.pdf). By agreeing to the terms and conditions of this contract, the prime contractor acknowledges receipt of this requirement, in accordance with 41 U.S.C. § 4712 and FAR 3.908 & 52.203-17, and commits to distribution. Within 45 days of award, the contractor must provide confirmation to the contracting officer verifying that it has distributed the whistleblower information as required.

(End of Clause)

DOJ-03 Personnel Security Requirements For Contractor…