01_Golconda_Trash_Solicitation_Clauses.docx

TABLE OF CONTENTS

PART CONTENTS PAGE

II CONTRACT CLAUSES 10-18

FAR 52.212-4, Contract Terms and Conditions - 10 Commercial Items Addendum to FAR 52.212-4 10

FAR 52.212-5, Contract Terms and Conditions Required to 11-16 Implement Statutes and Executive Orders

III CONTRACT DOCUMENTS, EXHIBITS, AND ATTACHMENTS 19-38

Scope of Work / Performance Work Statement 19-27 Exhibit 1 – U.S. Dept. of Labor Wage Determination (Attachment 1)

IV CONTRACT DOCUMENTS, EXHIBITS, AND ATTACHMENTS 28-47 (This section will be removed at time of award)

FAR 52.212-1, Instructions to Offerors – Commercial Items FAR 52.212-2, Evaluation – Commercial Items FAR 52.212-3, Offerors Representations & Certifications – Commercial Items Addendum to FAR 52.212-1 (Includes quote submission instructions)

NOTE: This acquisition utilizes Simplified Acquisition procedures.

PART I - CONTINUATION OF STANDARD FORM 1449

CONTINUATION OF BLOCKS 19 THROUGH 24 (Schedule of Services):

1. BASIC SERVICES: See the Performance Work Statement (PWS). Provide all management, supervision, labor, supplies, materials, and equipment (except as otherwise specified herein), and plan, schedule, and coordinate as necessary to ensure effective performance of all garbage collection and disposal services specified herein.

2. LOCATION: The Contractor shall be fully responsible for providing garbage collection and disposal services as indicated herein for the location listed below:

Golconda Job Corps Civilian Conservation Center 345 Job Corps Road Golconda, IL 62938-4158

3. PERFORMANCE: Contractor personnel will perform all work required in the PWS for the amounts agreed to as stated below and in accordance with the applicable wage determination (Exhibit 1). The center will be closed for all Federal holidays and two weeks during the winter. The break generally occurs during the last two weeks of December; however, the exact dates are subject to change. The Contractor will be paid based upon the actual work performed pursuant to the PWS. Performance schedules shall be agreed to through mutual agreement with Center personnel.

4. SUBSTITUTE SERVICES: When Contractor personnel are on vacation, sick leave, or any other leave, qualified substitute(s) shall be provided by the Contractor in accordance with the PWS.

5. SCHEDULE OF SERVICES:

19.

ITEM NO.

20.

SCHEDULE OF SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

TOTAL AMT

BASE PERIOD SERVICES – January 1, 2018 through June 30, 2018

19.

20.

SCHEDULE OF SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

OPTION PERIOD ONE SERVICES – July 1, 2018 through December 31, 2018

19.

20.

SCHEDULE OF SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

OPTION PERIOD TWO SERVICES – January 1, 2019 through June 30, 2019

19.

20.

SCHEDULE OF SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

OPTION PERIOD THREE SERVICES – July 1, 2019 through December 31, 2019

19.

20.

SCHEDULE OF SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

OPTION PERIOD FOUR SERVICES – January 1, 2020 through June 30, 2020

19.

20.

SCHEDULE OF SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

OPTION PERIOD FIVE SERVICES – July 1, 2020 through December 31, 2020

19.

20.

SCHEDULE OF SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

OPTION PERIOD SIX SERVICES – January 1, 2021 through June 30, 2021

19.

20.

SCHEDULE OF SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

OPTION PERIOD SEVEN SERVICES – July 1, 2021 through December 31, 2021

19.

20.

SCHEDULE OF SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

OPTION PERIOD EIGHT SERVICES – January 1, 2022 through June 30, 2022

19.

20.

SCHEDULE OF SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

OPTION PERIOD NINE SERVICES – July 1, 2022 through December 31, 2022

GRAND TOTAL WITH ALL OPTIONS: $____________________

The acquisition is being conducted under Simplified Acquisition Procedures, FAR Part 13.

* One of the two-yard containers must be lined or capable of receiving hazardous materials, should the cleanup of the Center require such materials to be removed.

LSQ - Lump Sum Quantities. These quantities denote one complete unit of work as required by or described in the contract including necessary materials, equipment, and labor to complete the job. They will not be measured.

AG-82A7-S-17-0091

PAGE OF

35 | 61

(insert Svcs title) (insert location) Garbage Collection & Disposal Services Golconda Job Corps Civilian Conservation Center

PART II -- CONTRACT CLAUSES

2.0 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (AUG 2017) (TAILORED) As stated in Block 27 of the SF 1449, this clause is incorporated by reference; however, in accordance with FAR 12.302, the following paragraph of this clause has been tailored, all other paragraphs remain unchanged.)

(c)Changes (tailored). Changes in the terms and conditions of this contract may be made only by written agreement of the parties. NOTE: Modifications to exercise contract options may be issued unilaterally at the Government’s sole discretion in accordance with the terms of FAR clauses 52.217-9 listed below.

FAR 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 these addresses:

https://www.acquisition.gov/far http://www.dm.usda.gov/procurement/policy/agar.html

AGAR 452.224-70 Confidentiality of Information FEB 1988

Certifications

FULL TEXT CLAUSES

2.2 AGAR 452.228-71 Insurance Coverage (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is 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 worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a 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 or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

2.3 AGAR 452.237-75 RESTRICTIONS AGAINST DISCLOSURE (FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

2.4 FAR 52.212-5 - CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (JAN 2017)

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

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

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

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

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

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

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

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

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

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

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

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

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

__ (10) [Reserved].

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

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

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

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

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

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

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

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

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

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

__ (iv) Alternate III (Nov 2016) of 52.219-9.

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

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

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

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

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

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

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

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

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

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

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

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

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

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

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

_X_ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

__ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

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

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

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

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

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

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

__ (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

__ (48) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

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

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

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

__ (50) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

__ (62) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

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

_X_ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

_X_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

_X_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_X_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

_X_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

_X_ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p) (1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

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

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d) (2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

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

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

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

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xii) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e) (1) (xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

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

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

2.5 REPORTING ALLEGED CHILD ABUSE

Pursuant to the spirit and requirements of P.L. 101-647, Section 225 and 226, the following applies:

Any employee or representative of the Contractor who becomes aware of allegations that a child in the program covered by this contract is (a) a victim of a crime of physical abuse, sex abuse, or exploitation; or (b) a witness to a crime committed against another person; shall make a report of the suspected abuse to the Contracting Officer’s Representative within 24 hours. The initial report shall be made by phone and shall be followed-up in writing, providing salient points of the allegations.

When such allegations about a contractor employee occur as covered by this clause, the Contractor employee who is the subject of the allegations will immediately be required to vacate the work site and will be replaced by another contactor employee. The subject employee will remain away from the work site until an investigation is completed. The Government will not incur additional costs by the Contractor who must provide a replacement employee.

The Contractor shall limit disclosure of documents concerning alleged child abuse to the persons who by reason of their participation in the proceeding have reason to know such information.

Any conviction of a sex crime, an offense involving a child victim or drug felony, will be grounds for denying employment or for dismissal of an employee in any position-serving children. Conviction of a crime other than a sex crime may be considered if it bears on an individual’s fitness to have responsibility for the safety and well-being of children. The consideration of another crime bearing on an individual’s fitness will be mutually agreed upon between the NTC and agency involved.

Before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause.

(4) No modification increasing a contract unit price shall be executed under this paragraph (c) until the Contracting Officer verifies the increase in the applicable established price.

(5) Within 30 days after receipt of the Contractor’s written request, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested increase.

(d) During the time allowed for the cancellation provided for in subparagraph (c)(5) of this clause, and thereafter if there is no cancellation, the Contractor shall continue deliveries according to the contract delivery schedule, and the Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) of this clause.

(End of Clause)

2.6 52.217-8 – OPTION TO EXTEND SERVICES (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within thirty (30) days of period of performance end date.

(End of clause)

2.7 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 thirty (30) days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend within thirty (30) 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 five (5) years and six (6) months.

(End of Clause)

2.8 FAR 52.232-18 – AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract 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 until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

PART III – CONTRACT DOCUMENTS, EXHIBITS

AND ATTACHMENTS

SCOPE OF WORK

3.1 INTRODUCTION

Job Corps is a national residential training and employment program administered by the Department of Labor to address the multiple barriers to employment faced by disadvantaged youth throughout the United States. The Economic Opportunity Act of 1964 originally established Job Corps; current authorization for the program is Title I, Chapter 6, Subtitle C, of the Workforce Investment Act of 1998.

3.2 BACKGROUND

Job Corps provides educational and occupational skills training and support services to youth between 16 and not yet 25 years of age. The unique combination of services provided in the Job Corps program is intended to better prepare youth to obtain and hold gainful employment, pursue further education or training, or satisfy entrance requirements for careers in the Armed Forces.

The Workforce Investment Act (WIA) mandates that Job Corps graduates be provided with transition, placement, and support services for one year following initial placement. WIA also requires that the placement status and wages of graduates be measured at six- and twelve-month intervals after the graduates are placed, and that Job Corps operator be evaluated in part on the basis of these performance measures.

The U.S. Department of Agriculture Forest Service operates 25 Job Corps Center nationally, through an interagency agreement with the Department of Labor.

3.3 PURPOSE

The primary purpose is to provide all supervision, supplies, labor, and equipment to collect and dispose of garbage and waste materials at the Golconda Job Corps Center. The Contractor shall furnish, maintain, and replace, when deemed necessary by the Government, all equipment to provide waste collection service as specified in this scope of work. No mileage or compensation will be allowed for travel to and from the Golconda Job Corps Civilian Conservation Center.

3.4 PLACE OF PERFORMANCE

Golconda Job Corps Civilian Conservation Center 345 Job Corps Road Golconda, IL 62938-4158

3.5 DESCRIPTION OF SERVICES

The contractor shall perform refuse and recycling collection, transportation and disposal services for the Golconda Job Corps Civilian Conservation Center, in accordance with all applicable laws, regulations, standards, instructions, and commercial practices as described in this Performance Work Statement (PWS) with focus on safety, sanitation and customer service. The contractor is encouraged and expected to use innovative approaches to effectively and efficiently accomplish this PWS in a timely manner at a reasonable cost, and in a way that fosters pride and ownership in the way the work is performed.

The contractor shall establish vehicle routes and collection schedules to meet the requirements of this PWS. Schedules shall be submitted to the Contracting Officer (CO) for approval within ten (10) working days prior to start of contract performance. The COR/POC must approve the submittals prior to the contractor starting work. No changes are allowed to the schedule or haul route without CO approval. The contractor shall notify the Contracting Officers Representative (COR) and/or Point of Contact (POC) of any conditions that may interrupt the schedule of performance such as disposal sites backed up, blocked, vehicle breakdowns, locked gates, etc. Updates to the schedules shall be given to the COR/POC within five (5) working days of any modification changes.

Contractor shall provide refuse collection services to the government with the contractor’s owned and clearly marked containers. Containers shall be returned to the appropriate locations or site in an upright position with lids/side doors closed. Containers shall be kept in a clean and sanitary condition as part of the collection and disposal cost.

The Contractor shall furnish all the necessary supervision, management, personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Performance Work Statement (PWS).

3.6 METHOD OF MEASUREMENT

3.6.1 Scheduled Trips - The number of trips made by the contractor will be paid for at the contract unit price per trip.

3.6.2 Special Trips – Requested on-call solid waste collections will be paid for at the contract unit price for the number of garbage containers unloaded and the number of miles driven.

3.7 TASKS

3.7.1 Disposal

3.7.1.1 The contractor shall collect and dispose of all trash/refuse from five (5) Government owned 4.6 cubic-yard bucket-type dumpsters trash containers, and approximately 38 Government owned garbage/trash cans once per week, preferably on Fridays between the hours of 8 am and 8 pm.

3.7.1.2 All disposal shall be performed at a State Licensed Sanitary Landfill facility, licensed to accept municipal waste and recycling. Disposal shall be in accordance with existing local, state, and federal regulations. The contractor shall be responsible for obtaining permits and paying all fees associated with the disposal.

3.7.1.3 Prior to start of work, the contractor shall submit a certified statement of available disposal facilities for their use during the entire period of this contract. A certified statement shall also be provided prior to the use of any new facility the contractor may propose using during contract performance. The certified statement shall specify the legal and identification name of the facility, location of the facility, identification of the legal entity responsible for its operation, and identification of the documents or certificates specifically stating compliance of the facility with all applicable laws and regulations.

3.7.2 Special Trips: As requested services shall be filled within three (3) business day after request from center, which may come from telephone call, or other means, unless Contractor establishes another time frame agreed to by the Center personnel.

3.7.3 Site Clean-Up: The contractor shall be responsible for cleaning up any spills, which may occur during servicing of refuse containers. The container area shall be cleaned of all spilled material prior to leaving the collection site.

3.7.4 Center Regulations: The Contractor shall be responsible for complying with the Center regulations in regards to posted speed limits, flow of traffic and other established rules.

3.7.5 Reporting: The contractor will provide to the COR/POC a monthly report of refuse tonnage hauled. If information is contained in invoice, this is considered sufficient by Government to meet reporting needs.

3.7.6 Performance Evaluation Meetings: The Contract Manager (CM) may be required to meet with the COR/POC and the CO during the first month of the contract or if the need arises due to repetitive complaints. Meetings will be as often as necessary thereafter as determined by the COR/POC.

3.7.7 Environmental Compliance:

3.7.7.1 Compliance with Laws and Regulations. The contractor shall be knowledgeable of and comply with all applicable Federal, State, and local laws, regulations, and requirements regarding environmental protection. In the event environmental laws/regulations/requirements change during the term of this contract, the contractor shall comply with such laws/regulations as changed. If there is an increase or decrease in cost as a result of the change, the contractor shall immediately inform the CO, for possible modification of the contract. If nothing is submitted to the CO, within 30 days of the new requirement becoming law, it will be assumed that the contractor shall provide the extra service at no additional cost to the Government.

3.7.7.2 Notification of Environmental Spills. If the contractor spills or releases any substance into the environment, the contractor shall immediately report the incident to the COR/POC The contractor shall be held liable for the spill or release of such substances. The contractor is responsible for advising his or her employees of all Environmental and Hazardous Materials Handling and is also required to have and maintain Material Safety Data Sheets (MSDS) on all materials that are required by State and Federal Laws and/or Regulations (reference OSHA requirements).

3.7.8 Quality Control Plan: The contractor shall develop and maintain a quality control program to ensure continuous, cost effective, and efficient collection and disposal of refuse and recycling is performed in accordance with commonly accepted commercial practices. The contractor shall establish and maintain a complete Quality Control Plan (QCP) to ensure the requirements of the contract are provided as specified. The QCP must be provided to the CO, for approval, within five (5) working days after notification of award. Changes to the approved QCP must also be submitted to the CO prior to use.

3.7.8.1 QCP Documentation. Documentation of quality inspections and corrective or preventive actions taken shall be kept and made available to the government throughout the contract performance period and for the period after contract completion until final settlement of any claims under this contract.

3.8 GENERAL

3.8.1 Quality Standards: Vehicles, Equipment/Tools, and Materials/Supplies. The government may inspect the contractor’s equipment or containers at any time and direct the removal of any items not meeting specifications. Items failing to meet the required standards shall be replaced by the contractor at their own expense. At a minimum, the contractor shall meet all safety, collection equipment and collection management requirements given or referenced in 40 CFR, Part 243, Subpart B.

3.8.2 Quality Assurance: The government will evaluate the contractor’s performance by appointing a Contracting Officers Representative (COR) and/or assigning a Point of Contact (POC) to monitor performance to ensure services are received. The COR/POC will evaluate the contractor’s performance through weekly on-site inspections of the contractor’s quality control program and receipt of complaints from government personnel, civilians and or the students accessing the location sites of the containers. The government may inspect each task as completed or increase the number of quality control inspections if deemed appropriate because of repeated failures discovered during quality control inspections or because of repeated customer complaints. Likewise, the government may decrease the number of quality control inspections if performance dictates. The government will also receive and investigate complaints from customers using the sites, the COR/POC shall determine the validity of customer complaint(s) and the government will notify the contractor accordingly.

3.8.3 Contractor-Furnished Vehicles: The contractor shall provide and maintain all vehicles necessary to perform the requirements of this contract. Contractor vehicles shall have the company name and phone number prominently displayed on both sides of the vehicle and shall be maintained clean to present a neat, professional appearance. The contractor shall ensure sufficient vehicles are dedicated to the performance of all requirements of this PWS, as vehicle breakdown will not be an acceptable excuse for non-performance. Each vehicle shall also have a unique vehicle identification number.

3.8.3.1. All vehicles used in the performance of this contract shall be in operable condition and meet the local, state, and federal safety requirements. Vehicles found to be unsafe and unable to function as designed, shall be removed from performance and replaced at contractor expense. The government may inspect the contractor’s vehicles at any time and direct the removal of any unsafe or objectionable vehicle from performance.

3.8.3.2. All vehicles shall be registered, insured, and operated in accordance with state traffic regulations by a properly licensed driver.

3.9 POINTS OF COLLECTION

Collection Sites - The collection sites will be identified to the contractor at time of award.

3.10 CONTRACTOR PERSONNEL

3.10.1 Contractor Point of Contact (POC): The contractor shall provide the CO and COR/POC with telephone number(s) where service calls and complaints can be reported. The contractor shall also provide the names and phone/pager numbers of contractor POCs for after business hours including nights, weekends, and holidays. This information will be kept updated by the contractor whenever personnel changes occur.

3.10.2 Contract Manager: The contractor shall provide a contract manager who shall be responsible for the performance of the work. Prior to start of the contract, the name of this person and an alternate(s) who can act for the contractor when the manager is absent shall be designated in writing to the CO.

The contract manager or alternate shall be available within 1 hour during normal government duty hours Monday through Friday (8:00 a.m. – 4:00 p.m. EST) to meet with Government personnel designated by the COR to discuss problem areas. After normal government duty hours, the contract manager or alternate shall be available within 2 hours to meet with Government personnel. Meetings may be telephone or teleconference.

The contract manager and alternate(s) shall be able to read, write, speak, and understand English.

3.10.3 Employees: Contractor personnel shall present a neat appearance and be easily recognized. This may be accomplished by wearing distinctive clothing bearing the name of the company or by wearing appropriate badges that contain the company name and employee name.

3.10.4 Only qualified operators: shall be permitted to operate the vehicles or equipment under this contract. Truck drivers shall possess a valid driver’s license with a CDL rating and be thoroughly acquainted with and comply with traffic regulations. The contractor shall submit the name and proof of qualifications to the CO prior to start of work.

3.10.5 The contractor shall not employ any person who is an employee of the United States Government, if employing that person would create a conflict of interest.

3.11 HOURS OF OPERATION

The Golconda Job Corps Center’s hours of operation are approximately 8:00AM to 4:00PM Eastern, Monday thru Friday.

The Federal Government has ten (10) Federal Holidays per calendar year, including the following:

New Year’s Day – January 1st Martin Luther King Junior’s Birthday – Third Monday in January President’s Day – Third Monday in February Memorial Day – Last Monday in May Independence Day – July 4th Labor Day – First Monday in September Columbus Day – Second Monday in October Veteran’s Day – November 11th Thanksgiving Day – Fourth Thursday in November Christmas Day – December 25th

Services that are not provided on holidays as defined by the contractor, shall be performed on the next business day as per standard commercial practice.

3.12 COLLECTION SCHEDULE

Trash Collections are to be made once per week throughout entire period of performance. Additional or alternative days may be requested verbally by the Center based on levels of waste disposal containers located on the Center. If a scheduled collection day falls on a federal holiday, collections will be made the day before or after the holiday, per standard commercial practice. Collections will be limited to between the hours of 8:00 AM and 4:00 PM EST.

When the Government facility is closed due to local or national…