Solicitation_Document.pdf

U.S. Department of Justice Federal Bureau of Prisons Administration Division

Field Acquisition Office 346 Marine Forces Drive Grand Prairie, Texas 75051

October 22, 2012

Re: IFBP06031200002, Solid Waste Removal Service Federal Bureau of Prisons Federal Detention Center – Honolulu, Hawaii

Dear Bidder:

Accompanying this cover letter is an Invitation for Bid (IFB) prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the acquisition of Solid Waste Removal Services at the Federal Detention Center Honolulu, Hawaii. This package contains all the necessary information for submitting a bid for evaluation.

When submitting your bid, the bidder should consider all information provided herein. Please carefully follow all instructions located in the solicitation package concerning content, format, and submission of bids.

All potential bidders are advised that this solicitation includes the clause FAR 52.212-4 for Commercial Items, which at paragraph (t) Central Contractor Registration (CCR), requires all contractors doing business with the Federal Government must be registered in the CCR database. Bidders should include their Data Universal Number System (DUNS) number in their offers. The Contracting Officer will verify registration in the CCR database prior to award by entering the potential awardee’s DUNS number into the CCR database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award.

Sealed bids must be received on or before the deadline of November 15, 2012 at 2:00P.M. Central Standard Time.

Bids shall be submitted to the following address:

Federal Bureau of Prisons Field Acquisition Office U.S. Armed Forces Reserve Complex ATTN: Mark Walker, Contract Specialist 346 Marine Forces Drive Grand Prairie, Texas 75051

Mailed or hand-carried bids must be delivered to the Contracting Officer or to the contracting office at the address show above no later than the time specified as the deadline for receipt of quotes. The official point for hand-carried quotes will be the receptionist’s area on the first floor of the address listed above. Please do not submit quotes to any location other than the one listed above. Quotes received after the deadline will be processed pursuant to Federal Acquisition Regulation 52.212-1(f). Faxed or emailed quotations are not authorized.

Should you have any questions, please make these inquiries in writing. Questions may be submitted via facsimile at

(972) 352-4545, or emailed to mxxxwalker@bop.gov.

Sincerely, //s//

Mark Walker, Contract Specialist Federal Bureau of Prisons Field Acquisition Office mailto:mxxxwalker@bop.gov

IFBP06031200001 Page 1 of 33 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER OMB Clearance Control Number

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 0210-12 1103-0018

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE DATE

IFBP06031200002 10/22/2012

a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/

7. FOR SOLICITATION

calls) LOCAL TIME

INFORMATION CALL: 11 / 15/2012

Mark Walker 972-352-4517 14:00:00

9. 1SSUED BY CODE BFAO 10. THIS ACQUISITION IS ~UNRESTRICTED OR U SET ASIDE: %FOR:

Federal Bureau of Prisons p WOMEN-OWNED SMALL BUSINESS ---

Field Acquisition Office

SMALL BUSINESS D (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

D HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS: U.S. Armed Forces Reserve Complex BUSINESS 0EDWOSB 562111 346 Marine Forces Drive D SERVICE-DISABLED

Grand Prairie, TX 75051 VETERAN-OWNED SIZE STANDARD:

SMALL BUSINESS D 8 (A)

11. DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMS 13b. RATING

TION UNLESS BLOCK IS

Net 30 D 13a. THIS CONTRACT IS A

MARKED RATED ORDER UNDER

DPAS (15 CFR 700) 14. METHOD OF SOLICITATION

D SEE SCHEDULE 0RFQ [gj IFB 0RFP

15. DELIVER TO CODE BHON 16. ADMINISTERED BY CODE IBHON

Federal Bureau of Prisons Federal Bureau of Prisons FDC Honolulu FDC Honolulu 351 Elliott Street (96820) 351 Elliott Street (96820) Honolulu, Hawaii 96819 Honolulu, Hawaii 96819 17a. CONTRACTOR! CODE l I FACILITY 18a. PAYMENT WILL BE MADE BY CODE [BHON

OFFEROR CODE

Federal Bureau of Prisons FDC Honolulu Attn: Financial Management 351 Elliott Street (96820) Honolulu, Hawaii 96819

TELEPHONE NO.

D 17b. CHECK IF REMITIANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

OFFER BELOW IS CHECKED D SEE ADDENDUM

19. 20. 21 . 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

To provide Solid Waste Removal Service for FDC Honolulu, Hawaii

RP 0210-12

See Continuation Sheet(s)

(Use Reverse and/or Attach Additional Sheets as Necessary)

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

[g] 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1 , 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATIACHED. ADDENDA

D 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATIACHED. ADDENDA

[g] ARE DARE NOT ATIACHED

DARE DARE NOT ATIACHED

D 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN --- D 29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED . YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5) , INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: All Items

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30c. DATE SIGNED 31 b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

STANDARD FORM 1449 (REV. 212012)

Prescribed by GSA- FAR (48 CFR) 53.212

19. 20. 21 . 22. 23 . 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

0RECEIVED DINSPECTED D ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ------------------------- 32b. SIGNATURE OF AUTHORIZED GOVERNMENT 32c. DATE 32d . PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34 . VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER

CORRECT FOR

0PARTIAL DFINAL D COMPLETE 0PARTIAL OFINAL

38. SiR ACCOUNT NO. 39 . ~RVOUCHERNUMBER 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 (YYIMM/00) r 2d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/201 2) BACK

IFBP06031200002 Page 3 of 33

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2.1 Pricing Methodology

2.2 Statement of Work

3 Contract Clauses 52.204-99 System for Award Management Registration (Sept 2012)(Deviation) 52.216-18 Ordering (Oct 1995) 52.216-19 Ordering Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.219-9 Option to Extend the Term of the Contract (Mar 2000) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 1989) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) 52.232-99 Providing Accelerated Payment to Small Business Subcontractors (Aug 2012)(Deviation) . 12 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005) 52.27-103-72 DOJ Contractor Residency Requirement Bureau of Prisons (June 2004)

52.242.1502 Evaluation of Contractor Performance Utilizing CPARS (Apr 2011) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Aug 2012) 4 List of Attachments

4.1 Special Contract Conditions

5 Solicitation Provisions

5.1 Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items (Feb 2012) 52.216-1 Type of Contract (Apr 1984) 52.233-2 Service of Protest (Sept 2006) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) 52.27-103-71 Faith-Based and Community-Based Organizations (AUG 2005) 52.212-3 Offeror Representations and Certifications – Commercial Items (Apr 2012)

IFBP06031200002 Page 4 of 33

Section 2 – Commodity or Service Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

To provide Solid Waste Removal Services for FDC Honolulu, Hawaii. Base Year Effective Date of Award through September 30, 2013. Estimated Maximum.

To provide Solid Waste Removal Services for FDC Honolulu, Hawaii. Option Year #1 – October 1, 2013 through September 30, 2014. Estimated Maximum.

To provide Solid Waste Removal Services for FDC Honolulu, Hawaii. Option Year #2 – October 1, 2014 through September 30, 2015. Estimated Maximum.

To provide Solid Waste Removal Services for FDC Honolulu, Hawaii. Option Year #3 – October 1, 2015 through September 30, 2016. Estimated Maximum.

To provide Solid Waste Removal Services for FDC Honolulu, Hawaii. Option Year #4 – October 1, 2016 through September 30, 2017. Estimated Maximum.

78.000000

104.000000

EA

2.1 Pricing Methodology

Total amount for the Base Year and 4 Option Years $______________________________

PRICING METHODOLOGY

The Contractor shall provide non-personal services, upon request by the institution as detailed in the Statement of Work. The Government reserves the right to award without discussion. Therefore, each initial bid should contain the bidder's best terms from a cost or price standpoint.

Services are required to be provided in accordance with the Statement of Work (SOW).

The quantity of services to be provided by the Contractor is estimated above in Section 2. These estimates are not a representation to a bidder or contractor that the estimated quantities will be required or ordered, or that conditions affecting requirements will remain stable or normal. Contract pricing shall be based on a price for each compactor pull. Contract pricing shall include all charges to the Government for performing the services required by this solicitation/contract. Because services are subject to the Service Contract Act, the Department of Labor has issued a wage determination for this requirement. See Attachment. The wage determination is applicable to occupation codes 11300, Refuse Collector and 31362, Truck Driver, Medium Truck. The quoters are required to submit a completed copy of Section 2 located above, inclusive of the base year and all option periods. Pursuant to FAR 17.203(b), the Government’s evaluation shall be inclusive of options. Pursuant to FAR 17.203(d), the bidder may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

2.2 Statement of Work

STATMENT OF WORK

GENERAL INFORMATION

The Federal Bureau of Prisons (BOP), Field Acquisition Office, Grand Prairie, Texas intends to make a single award of an indefinite

IFBP06031200002 Page 5 of 33 delivery/requirements type contract with firm fixed prices to a responsible entity for the provision of Solid Waste Removal services for the Federal Detention Center (FDC) located in Honolulu, Hawaii. General Information regarding the Federal Bureau of Prisons (BOP), its facilities, and referenced Program Statements can be located at www.bop.gov. The Government reserves the right to award without discussion and to award as a single award. Therefore, each initial quote should contain the bidder's best terms from a cost or price standpoint.

PLACE OF PERFORMANCE

The contractor shall pick up the waste from FDC Honolulu, 351 Elliott Street, Honolulu, Hawaii 96819.

DESCRIPTION OF WORK

The Contractor shall provide the removal and disposal of solid waste for FDC Honolulu, located at the Federal Detention Center, 351 Elliott Street, Honolulu, Hawaii. 96819. These items must be disposed of in accordance with all Federal, State, and local laws.

The Contractor shall remove compacted solid waste from the government provided roll-off, thirty yard trash compactor/container, model SC-TS-30.

All pick-ups shall take place at the rear dock sally-port area on the Makai side of the FDC.

Removal of the container will be provided on Tuesdays and Fridays each week, between the hours of 9:00 am and 12:00 pm. The government has the right to increase or decrease the compactor pick-ups if needed.

The container shall be removed from the FDC for disposal of the solid waste and returned to the compactor location as soon as possible, but no later than two hours from the pick-up time.

The Contractor will provide a truck capable of handling the roll-off thirty yard trash compactor/container, model SC-T2-30.

All materials located within the container upon removal become the property and responsibility on the Contractor. All licenses, permits and fees related to the removal and solid waste disposal shall be the responsibility of the Contractor.

The Contractor shall ensure that all units removed from the FDC are cleaned when returned. In the event the waste is stuck in the receiving unit, the Contractor is responsible for emptying the unit.

The Contractor shall be responsible for all spills and related clean-up costs when spills occur as a result of contractor equipment failure or contractor negligence. Contractor shall ensure dumpster container locations are clean prior to removing the container from the area.

The Contractor shall provide copies of all receipts related to the removal and solid waste disposal. The receipts must include the weight of the solid waste. The receipts shall be addressed to the Contracting Officer’s Representative (COR) at FDC and sent a minimum of once per calendar month. The COR shall receive the receipts no later than the fifth working day of the month.

Access to the FDC shall only be authorized during the assigned schedule pick-ups. The Contractor is not allowed to alternate this schedule without prior approval from the COR.

EQUIPMENT

The government will provide a roll-off thirty yard trash compactor/container, model SC-T2-30.

The Contract will provide all necessary equipment/vehicles to remove all solid waste from the compactor.

SCHEDULE

Removal of the container will be provided on Tuesdays and Fridays each week, 52 weeks per year, for a total of 104 pulls per year.

104 pulls of the container are subjected to change either by increasing or decreasing pulls throughout the year by the government. If a scheduled pull falls on a Federal holiday, the pull shall be made on the next day. Access to the FDC shall only be authorized

IFBP06031200002 Page 6 of 33 during the assigned schedule pick-ups. The Contractor is not allowed to alternate this schedule without prior approval from the

COR.

The contractor will provide a list of employees who will be driving and assisting the pull vehicle that will be entering the secure perimeter. Each employee will be required to be cleared through a background check. The background check will be conducted by the institution and requires the affected employees to fill out a background form that will be supplied by the institution. All security clearances shall be submitted to the Contract Monitor, a minimum of fourteen working days prior to the start of work. Security clearances will be in effect for the term of one year, and prior to the time of expiration it is the responsibility of the contractor/worker to notify the COR to have clearance conducted. The institution reserves the right to reject any clearance application or revoke an approved clearance.

CONTRACT PRICING

The Contractor rate for these services shall be on a fixed per-pull price. The per-pull price will include all costs associated with the removal and disposal including land fill fees.

SAFETY AND PERSONAL PROTECTIVE EQUIPMENT

All Contractors and employees shall have and wear the required personal protective equipment prescribed by industry standards at all times while on the job site. It is the responsibility of the contractor to provide such equipment.

WORKING HOURS

All work is to be completed between the hours of 9:00 AM - 12:00 PM, Tuesdays and Fridays, excluding weekends and federal holidays.

Any work required to be completed at any other time than noted above must be scheduled five (5) working days prior to the start of the work, and approved by the COR and Contracting Officer.

OTHER CONSIDERATIONS

The Federal Detention Center shall ensure a representative is present to allow access to all area’s requested by the Contractor.

Contractors should plan for certain amounts of time accrued for security considerations, i.e., check-in screening, Institution emergencies, etc. In the event of an Institution emergency, the Contractor will be instructed to cease all work and the Contractor shall be escorted off the grounds of FDC. Work will be suspended until the Institution emergency passes.

Any deviations from the statement of work must have prior approval from the COR and the Contracting Officer in writing

RISK OF LOSS

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

INSTITUTION SECURITY

The Contractor and its employees shall be required to meet and adhere to all regulations prescribed by the FBOP for the safety, custody and conduct of inmates. Security checks will be initiated each and every time the Contractor employees must enter the secure perimeter of the FDC. The Government reserves the right for security reasons to prohibit certain contractor employees from entering onto Federal property. Employees of the Contractor will be required to attend a four hour orientation program prior to performing contractual duties within the institution. The date and time for this orientation will be coordinated by the COR.

Refresher training in security and BOP procedures may be required annually.

In the event of an institution emergency, or adverse weather, the Contractor may not be able to enter the institution to obtain the compactor/containers.

IFBP06031200002 Page 7 of 33

The Contractor will be responsible for proper tool and equipment control. The Contractor shall follow all rules related to contract staff and security of the institution. The Contractor will not be allowed to move freely about the institution without escort.

The Contractor employees are prohibited from wearing khaki and hunter green clothing on institutional property due to this being the clothing colors wore by the inmate population.

INMATE MANAGEMENT

The Contractor shall be constantly aware of security and maintain a professional relationship with the inmates at all times if they come in contact with the inmate population. Any violations of the institution rules and regulations are to be brought immediately to the attention of an appointed Government employee for prompt and proper action.

RESTRICTIONS ON CONTRACT WORKERS

The Contractor cannot - supervise inmates; supervise Bureau of Prison staff; participate in inmate accountability; requisition, sign for or pick up supplies; formulate policy or procedures; and, attend recalls or staff functions.

PAYMENT TERMS

Contractor must provide a means for electronic payment to include bank routing and account number. Payment terms as specified in FAR 52.212-4(g), the due date for making an invoice payment by the designated payment office shall be the 30th day after the designated billing office has received a proper invoice, or the government accepts services performed by the contractor. The contractor can however offer discount payment terms for prompt payment as specified in block 12 on the SF-1449 form of this solicitation.

One invoice per month shall be presented for payment. Attached to the monthly invoice will be delivery tickets for each pull including which container was pulled, the date and time of the pull, and the weight of the pull and/or weight ticket from disposal site.

INSPECTION OF THE SITE

Inspection of the site will be available to all interested bidders. Prior approval is necessary for such a visit and will be coordinated through the institution facilities department. Each interested bidder is urged and expected to visit the site and make his/her own personal inspection to thoroughly familiarize himself/herself with all general, local, and existing conditions before submitting his/her quote for this service to prevent any unforeseen conditions after the contract is executed. When the quote is submitted, it shall be interpreted by the Contracting Officer to mean that the bidder has examined the site fully understanding the existing and proposed conditions and has made all necessary and due allowances for them in his/her quote prior to submittal.

MISCELLANEOUS INFORMATION

The contractor is solely responsible for all compliance with all federal, state, and local health and sanitation codes and regulations to include Environmental Protection Agency regulations. In the event that two or more of the regulations conflict, the strictest of the regulations shall apply. The contractor shall provide written documentation stating that the approved landfill meets all federal, state, and local regulations. Bidders must possess the required city, county, state, and federal permits as required to haul solid waste.

Costs associated with maintaining these permits throughout the life of the resulting contract are the sole responsibility of the contractor. Copies of these documents will be requested prior to the award of the contract.

IFBP06031200002 Page 8 of 33

Section 3 – Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions – Commercial Items (Feb 2012)

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.arnet.gov/far

Clause Title 52.253-1 Computer Generated Forms (Jan 1991)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

52.232-18 Availability of Funds (Apr 1984)

52.228-5 Insurance – Work on a Government Installation (Jan 1997)

52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)

52.212-4 Contract Terms and Conditions – Commercial Items (Feb 2012)

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

52.204-7 Central Contractor Registration (Aug 2012)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010

Clauses by Full Text

52.204-99 System for Award Management Registration (Sept 2012)(Deviation)

(a) Definitions. As used in this clause- "Central Contractor Registration (CCR) database" means the retired primary Government repository for Contractor information required for the conduct of business with the Government.

"Commercial and Government Entity (CAGE) code" means-

(1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an "NCAGE code."

"Data Universal Numbering System (DUNS) number" means the 9- digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-chatacter suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4- character suffix may be http://www.arnet.gov/far

IFBP06031200002 Page 9 of 33 assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

"Registered in the SAM database" means that-

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14) into the SAM database;

(2) The Contractors CAGE code is in the SAM database; and

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active." The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

"System for Award Management (SAM)" means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes-

(1) Data collected from prospective federal awardees required for the conduct of business with the Government;

(2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and

(3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the non-procurement common rule by agencies, Government corporations, or by the Government Accountability Office.

(b) (1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4.

(3) If indicated by the Government during performance, registration in an alternate system may be required in lieu of SAM.

(c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) A contractor may obtain a DUNS number-

(i) Via the internet at http;//fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local DUN and Bradstreet office. The contractor should indicate that it is a contractor for a U.S. Government contact when contacting the local DUM and Bradstreet office.

(2) The Contractor should be prepared to provide the following information:

(i) Company legal business name.

(ii) Trade style, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) Reserved.

(e) Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing.

(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (1) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements

IFBP06031200002 Page 10 of 33 regarding novation and change-of name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed name with a minimum of one business day's written notification of its intention to-

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

(ii) If the Contractor fails to comply with the requirements of paragraph (g) (1) (i) of this clause, or fails to perform the agreement at paragraph (g) (1) (i) (C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(h) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https:/lwww.acguisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls.

(End of Clause)

52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the first day of the 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) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 Order Limitations (Oct 1995)

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

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

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

(2) Any order for a combination of items in excess of the estimated quantities identified 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 subparagraph (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 five (5) days after issuance, with

IFBP06031200002 Page 11 of 33 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.

52.216-21 Requirements (Oct 1995)

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

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

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

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

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

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

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 prior to expiration of the current contract period.

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 prior to expiration of the current performance period; 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.

52.222-42 Statement of Equivalent Rates for Federal Hires (May 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies that classes of service employees expected to be employed under the contract and states the wages and fringe

IFBP06031200002 Page 12 of 33 benefits payable to each employee if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

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.

52.232-99 Providing Accelerated Payments to Small Business Subcontractors (Aug 2012)(Deviation)

This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.

(c) The accelerated payments under this clause does not provide any new rights under the Prompt Payment Act.

2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996)

(a) "Unsafe condition" as used in this clause means the actual or potential exposure of contractor or Government employees to a hazardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other material or working condition designated by the Contracting Officer's Technical Representative (COTR) as potentially hazardous and requiring safety controls.

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

(c) Prior to commencement of work, contractors are required to inspect for and report to the contracting officer or designee the presence of, or suspected presence of, any unsafe condition including asbestos or other hazardous materials or working conditions in areas in which they will be working.

Employee Class

Monetary Wage – Fringe Benefits

31362 Truckdriver, Medium $23.37 per hour plus benefits 99730 Refuse Collector $14.67 per hour plus benefits

IFBP06031200002 Page 13 of 33

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

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

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

52.24-403-70 Notice of Contractor Personnel Security Requirements (Oct 2005)

Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I.

1. Long-Term Contractor Personnel:

In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 contractor employee whose background investigation (BI) process begins on or after October 27, 2005:

a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form I-9, OMB No. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture ID);

b. Contractor Personnel must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed sometime during the clearance process but prior to badge issuance and must be documented by the DOJ official;

c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position.

Outlined below are the minimum BI requirements for each risk level:

High Risk - Background Investigation (5 year scope)

Moderate Risk - Limited Background Investigation (LBI) or Minimum Background Investigation (MBI)

Low Risk - National Agency Check with Inquiries (NACI) investigation

d. The pre-appointment BI waiver requirements for all position sensitivity levels are a:

1) Favorable review of the security questionnaire form;

2) Favorable fingerprint results;

3) Favorable credit report, if required;3

4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level; and

5) Favorable review of the National Agency Check (NAC) 4 portion of the applicable BI that is determined by position sensitivity/risk level.

A badge may be issued following approval of the above waiver requirements.

If the NAC is not received within five days of OPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau of Investigation Criminal History Check (i.e., fingerprint check results).

e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges issued under these procedures will be suspended or revoked.

2. Short-Term Contractor Personnel:

It is the policy of the DOJ that short-term contractors having access to DOJ information systems and/or DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items 1a. and 1b. above. The pre-appointment waiver requirements for short-term contractors are:

a. Favorable review of the security questionnaire form;

IFBP06031200002 Page 14 of 33

b. Favorable fingerprint results;

c. Favorable credit report, if required;5 and

d. Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commensurate BI does not need to be initiated.

A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of issuance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PIV-I identity proofing process.

For example, if a contractor employee requires daily access for a three or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a second request is submitted for the same contractor employee within a twelve-month period for the purpose of extending the initial contract or for employment under a totally different contract for another three or four-week period, this contractor would now be considered "long-term" and must be cleared according to the long-term requirements as stated in this interim policy.

3. Intermittent Contractors:

An exception to the above-mentioned short-term requirements would be intermittent contractors.

a. For purposes of this policy, "intermittent" is defined as those contractor employees needing access to DOJ information systems and/or DOJ facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For example, the water delivery contractor that delivers water one time each week and is working on a one-year contract.

b. Contractors requiring intermittent access should follow the Department's escort policy. Please reference the August 11, 2004, and January 29, 2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted access.

c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contractor, the same pre-employment background investigation waiver requirements that apply to short-term contractors are required.

d. If an intermittent contractor is approved for unescorted access, the contractor will only be issued a daily badge. The daily badge will be issued upon entrance into a DOJ facility or space and must be returned upon exiting the same facility or space.

e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year.

4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated BI meeting HSPD-12 and DOJ's BI requirements.

5. The DOJ's current escorted contractor policy remains unchanged by this acquisition notice.

Notes:

1. FIPS 201 is available at: www.csrc.nist.gov/publications/fips/fips201/FIPS-201-022505.pdf

2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-I identity proofing process, including initiation and adjudication of the required background investigation, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-II) requires badge issuance to all affected long-term contractors.

3. For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package.

4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations to OPM. Per OPM ' s instructions, to obtain an Advance NAC Report, a Code " 3" must be placed in block " B " of the " Agency Use Only " section of the investigative form. This report is available for all case types.

5.For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package.

52.27-103-72 DOJ Contractor Residency Requirement (June 2004)

For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commitment, individuals or contractor employees providing services must have:

1. Legally resided in the United States (U.S.);

2. Worked for the U.S. overseas in a Federal or military capacity;

IFBP06031200002 Page 15 of 33

3. Been a dependent of a Federal or military employee serving overseas.

If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current information regarding allied countries: http://www.opm.gov/employ/html/citizens.htm.

By signing this agreement/ commitment document, or by commencing performance, the contractor agrees to this restriction.

52.242.1502 Evaluation of Contractor Performance Utilizing CPARS (Apr 2011)

The services, although not directly supervised, shall be reviewed by the Federal Bureau of Prisons (BOP) staff to ensure contract compliance. The contractor’s performance will be evaluated in accordance with FAR 42.15. Contractor monitoring reports will be prepared by the Contracting Officer’s Technical Representative (COTR) or Contract Monitor (CM) and maintained in the file.

In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit to the Past Performance Information Retrieval…