Combined Synopsis - MCC NYM Solid Waste Removal.pdf

U.S. Department of Justice Federal Bureau of Prisons Metropolitan Correctional Center, New York New York, NY 10007

September 1, 2023

(i) This is a Combined Synopsis/Solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

(ii) The solicitation number is 15BNYM23Q00000001. This solicitation is issued as a Request for Quote (RFQ).

Please read it in its entirety.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2023-04.

(iv) This solicitation is being issued as total small business set-aside. The NAICS for this requirement is 562111 with a size standard of $47.0 million.

(v) The following items are required

Solid Waste Removal services for the Metropolitan Correctional Center (MCC), New York

Qty Unit Unit Price Total

• CLIN 0001: Solid Waste Removal Government Owned 38 cubic yard 20 EA $_______ = $_______ compactor. 10/01/2023 – 09/30/2024

• CLIN 0002: Solid Waste Removal Contractor Furnished 30 cubic yard 20 EA $_______ = $_______ open top. 10/01/2023 – 9/30/2024

• CLIN 0003: Overage (per ton). 10/01/2023 – 09/30/2024 5 TN $_______ = $_______

• CLIN 0004: Trip fee. 10/01/2023 – 09/30/2024 4 EA $_______ = $_______

TOTAL = $__________

(vi) This solicitation is expected to result in the award of a firm-fixed price contract for solid waste removal services. All services will be performed in accordance with the requirements outlined in the below statement of work.

STATEMENT OF WORK

SOLID WASTE REMOVAL SERVICES

MCC NEW YORK

Pricing Methodology:

Quoters are required to submit, as part of their quote, completed pricing in accordance with Section (v) of the above.

The quantity of services to be provided by the Contractor is an “estimated maximum.” These estimates are not a representation to the contractor that the estimated quantities will be required or ordered, or that conditions affecting requirements will remain stable or normal. Contract pricing shall include all charges to the Government for providing the services required by this solicitation/contract.

Statement of Work Introduction:

The Federal Bureau of Prisons (BOP) intends to make a single award of an indefinite delivery, requirements type contract with firm-fixed prices for the provision of Solid Waste Removal services for the Metropolitan Correctional Center - New York, as outlined in this solicitation and set forth in this Statement of Work.

MCC New York 150 Park Row (Downtown Manhattan) New York, New York 10007

Method of Performance:

The Contractor shall provide all services, including disposal of trash/waste, in accordance with the terms and conditions of this contract, and all Federal, State, City and local laws, codes and regulations. The Contractor shall dispose of all trash/waste in a Class I disposal facility. This refers to a sanitary landfill which serves a municipal, institutional, and /or rural population and is used, or to be used, for disposal of domestic wastes, commercial wastes, institutional wastes, municipal wastes, demolition/construction wastes, farming wastes, discarded automobile tires and dead animals.

The Contractor shall be responsible for all trash, garbage, and debris spills from the container during pick-up and transportation.

The Contractor shall provide the Contracting Officer's Representative (COR) with a detailed list of what can and cannot be placed in the Construction and Demolition dumpster. The Contractor will provide the COR with updates of this list if there are any changes and will allow a minimum of 30 days for the institution to find a new place to dispose of items deleted from the list. The Contractor shall provide copies of all receipts related to the disposal of the trash/refuse. The receipts must include the weight of the trash/refuse dumped. The receipts shall be addressed to the COR 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.

Equipment:

The contactor shall be responsible for the removal of solid waste from two compactors: one Government owned compactor and one Contractor owned open top container.

Government Owned Compactor:

The Government owned compactor is a 38.0 cubic yard capacity heavy duty industrial type self-contained compactor/container. It was initially installed in August 2004 by McClain Industries, Inc. It has a 10 Horsepower, three-phase control panel, pick-up hooks at both ends, full door seal, two (2) four-inch cylinders with a thirty-two

(32) inch stroke, and eight-inch hydraulic hoses. The hydraulic disconnect is on the compactor's right side.

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

Contractor Owned Equipment:

The Contractor shall furnish a 30 cubic yard capacity open top container (hereafter referred to as the "Contractor owned container") for the disposal of commercial boxes, construction material and trash. The capacity of the open top container is at the discretion of the Government.

Contractor owned 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.

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 its property at its 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.

The Government reserves the right to determine, at any time, if the Contractor-provided trash container is no longer required. The Contractor-provided trash container shall be removed within three (3) calendar days of the Government's request. The MCC may remove and store the Contractor-provided trash container if not removed by the Contractor within three (3) days and charge the Contractor for any expenses incurred for such removal and storage. The MCC shall not be held liable for damages incurred to the Contractor-provided trash container during such removal due to the Contractor's non-responsiveness.

Maintenance of Equipment:

The Government owned compactor will not normally be maintained by the Contractor. However, any damages to the Government owned compactor caused from negligence by the Contractor will require immediate repair to the satisfaction of the Government by the Contractor without cost to the Government.

The Contractor owned trash container shall be maintained or replaced to always remain fully functional.

Sanitation:

During the trash removal process at the pickup locations and disposal route on Government Property, the contractor shall keep the area adjacent to the compactor and container clean of debris.

Location of Equipment:

The Government owned compactor is situated on a concrete slab area outside and to the rear of the building and is accessible via Pearl Street and Cardinal Hayes Place. The Contractor provided open container will be placed on the ramp located outside the rear gate.

The Government reserves the right to determine the locations for placement of the Government-owned trash compactor and/or the Contractor-provided trash container.

Performance Schedule:

The Contractor shall pick-up and replace the Government owned compactor when notified by the COR. The Contractor shall pick-up and replace the open top container when notified by the COR. The pickup shall occur within twenty-four (24) hours of notification.

The Contracting Officer or the COR must be advised if, for any reason, the pick-up(s) cannot be made. A minimum advance notice of (12 hours) is required. It is imperative for security reasons that the compactor and container be picked up as required.

The above notification process is subject to change based on the needs of MCC. A notice of twenty-four (24) hours will be given if an additional pick-up is required. Individuals authorized to schedule an additional pick-up are the COR or Contracting Officer. Additional pickups will be billed at the contract rate.

At any time that the contractor is unable to pick-up due to unforeseen circumstances caused by MCC, the contractor will be compensated at the trip fee rate specified in the contract.

Risk of Loss:

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

Contract Security/Investigative 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; and

(11) Urinalysis, if applicable

Non-Personal Services Information:

This service is a contractual arrangement and not a personnel appointment. Payment is based on the provision of an end product or the accomplishment of a specific task. 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. The contractor shall attend all training required by the BOP for contract workers. The contractor will not be permitted to attend institution meetings, staff recalls or Government training sessions for institution staff.

(viii) FAR 52.212-1, Instructions to Offerors - Commercial Products and Commercial Services (Mar 2023) applies to this acquisition. References to offer and offeror are hereby changed to quote and quoter respectively.

(ix) Award will be made to the responsible Quoter whose quote conforms to the requirements and is determined to provide the best value to the Government, considering the evaluation factors outlined below.

(1) Price - The government will evaluate the Quoter’s proposed price to ensure it is fair and reasonable; and

(2) Past Performance - Past performance information shall include prior experience and similar performances undertaken by the contractor.

(x) FAR 52.212-3, Offeror Representations and Certifications – Commercial Products and Commercial Services (Dec 2022) must be submitted with quote.

(xi) FAR 52.212-4, Contract Terms and Conditions – Commercial Products and Commercial Services (Dec. 2022), is applicable to this acquisition.

(xii) FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Products and Commercial Services (June 2023), is applicable to this acquisition.

(b) X (4) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

X (8) 52.204-27, Prohibition on a Byte Dance Covered Application (JUN 2023) (Section 102 of Division R of Pub.

L. 117-328).

X (9) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note) X (15) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

X (23) (i) 52.219-28, Post Award Small Business Program Re-representation (MAR 2023) (15 U.S.C. 632(a)(2)) X (28) 52.222-3 Convict Labor (June 2003).

X (30) 52.222-21 Prohibition of Segregated Facilities (Apr 2015).

X (31) (i) 52.222-26 Equal Opportunity (Sept 2016) (E.O.11246).

X (33) 52.222-36 Equal Opportunities for Workers with Disabilities (JUN 2020) (29 U.S.C. 793) X (36) (i) 52.222-50 Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

X (45) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

X (48) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

X (52) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury) X (59) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C.

3332).

X (61) 52.232-36 Payment by Third Party (May 2014) (31 U.S.C.3332).

(c) X (1) 52.222-41 Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).Fill in Wage Determination No.: 2015-4187, Revision No.: 26, is applicable to this acquisition.

X (2) 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). Fill-in Refuse Collector (99730) - $20.88 (exclusive of benefits). Truckdriver, Heavy (31363) - $30.49 (exclusive of benefits) X (7)52.222-55 Minimum Wages for Contract Workers Under Executive Order 14026 (JAN 2022) X (8)52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.13706).

(xiii) The selected Quoter must comply with the additional contract terms and conditions, which are incorporated herein by reference:

Provisions FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (JAN 2017) FAR 52.204-7 System for Award Management (Oct 2018) FAR 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

Clauses FAR 52.204-13 System for Award Management (Oct 2018) FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) FAR 52.216-18 Ordering (August 2020): Fill-in (a) Such orders may be issued from the first day of the effective performance period through the last day of the effective performance period.

FAR 52.216-19 Order Limitations (Oct 1995): Fill-in (a) When the Government requires supplies or services covered by this contract in an amount of less than one unit per CLIN…(b)(1) Any order for a CLIN in excess of the estimated quantities identified in the Schedule of Items within the effective performance period;

FAR 52.216-21 Requirements (Oct 1995).

FAR 52.224-3 Privacy Training (JAN 2017) FAR 52.232-18 Availability of Funds (APR 1984) FAR 52.252-2 Clauses Incorporated By Reference (FEB 1998) BOP 2852.201-71 Contracting Officer’s Representative (COR) (JUN 2012) DOJ-02 – Contractor Privacy Requirements (JAN 2022) DOJ-03 – Personnel Security Requirements for Contractor Employees (NOV 2021) DOJ-04 – Federal Workplace Responses to Domestic Violence, Sexual Assault, and Stalking (DEC 2014) DOJ-08 – Continuing Contract Performance During a Pandemic Influenza or Other National Emergency(OCT 2007)

The full text of the referenced FAR provisions and clauses may be accessed electronically at www.acquisition.gov/FAR or by contacting Jody Hodges, Contracting Officer, by email to jmhodges@bop.gov

(xiv) Not applicable to this solicitation.

(xv) The completed solicitation package must be returned no later than 12:00 p.m. Central Daylight Time on September 15, 2023. The anticipated award date is on or about September 22, 2023.

(xvi) Vendors shall submit quotes in .pdf format to Jody Hodges, Contracting Officer, by email to jmhodges@bop.gov ONLY. No fax, hand delivered, or mail-in quotes will be accepted. Quotes MUST be good for 60 calendar days after close.

http://www.acquisition.gov/FAR mailto:jmhodges@bop.gov

Please ensure all information requested is included. Information will be posted to the General Services Administration, Contract Opportunities: SAM.gov | Contract Opportunities. All future information about this acquisition, including amendments, and cancellations will also be distributed through this site. Interested parties are responsible for monitoring this site to ensure they have the most up-to-date information about this solicitation.

***Question Submission: Interested quoters must submit any questions concerning the solicitation at the earliest time possible to enable the Buyer (MCC New York) to respond. Questions must be submitted by email only, jmhodges@bop.gov. No phone calls please.

https://sam.gov/content/opportunities mailto:jmhodges@bop.gov