RFPP02151700003.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

RFPP02151700003

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

08/04/2017

7. FOR SOLICITATION INFORMATION

CALL:

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

TIME

08/11/2017 16:00:00

CODE BFAO

Federal Bureau of Prisons Field Acquisition Office U.S. Armed Forces Reserve Complex 346 Marine Forces Drive Grand Prairie, TX 75051

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

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 221210

SIZE STANDARD: 1000

Employees

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

15B215CODE15. DELIVER TO

Federal Bureau of Prisons USP Canaan 3057 Eric J. Williams Memorial Drive Waymart, PA 18472

CODE 15B21116. ADMINISTERED BY

Federal Bureau of Prisons FCI Otisville 2 Mile Drive

OTISVILLE, NY 10963

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

15B211CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCI Otisville 2 Mile Drive

OTISVILLE, NY 10963

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Natural Gas Transportation Services for USP Canaan

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)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED

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

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

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

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

Bonnie Bueter

31c. DATE SIGNED

08/04/2017

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

RFPP02151700003 Page 1 of 26

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

RFPP02151700003 Page 2 of 26

RFPP02151700003 Page 3 of 26

Section 2 – Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Natural Gas Distribution Service: Effective Date of Award (EDOA) through 12 months. Estimated.

1 YR $ $

0002 Natural Gas Distribution Service: 13 months from EDOA through 24 months. Estimated.

1 YR $ $

0003 Natural Gas Distribution Service: 25 months from EDOA through 36 months. Estimated.

1 YR $ $

0004 Natural Gas Distribution Service: 37 months from EDOA through 48 months. Estimated.

1 YR $ $

0005 Natural Gas Distribution Service: 49 months from EDOA through 60 months. Estimated.

1 YR $ $

0006 Natural Gas Distribution Service: 61 months from EDOA through 72 months. Estimated.

1 YR $ $

0007 Natural Gas Distribution Service: 73 months from EDOA through 84 months. Estimated.

1 YR $ $

0008 Natural Gas Distribution Service: 85 months from EDOA through 96 months. Estimated.

1 YR $ $

0009 Natural Gas Distribution Service: 97 months from EDOA through 108 months. Estimated.

1 YR $ $

0010 Natural Gas Distribution Service: 109 months from EDOA through 120 months. Estimated.

1 YR $ $

TOTAL $

FUNDING DETAILS:

ITEM

NO.

FUNDING LINE OBLIGATED AMOUNT ACCOUNTING CODES

TOTAL:

2.A.1. ADDITIONAL INFORMATION

CONTINUATION OF SF-1449

BLOCK 1 = REQUISITION NUMBER: 237-17

BLOCK 12:

Establishes a contract for Natural Gas Distribution Services to the United States Penitentiary (USP) Canaan for the period of Effective Date of Award through 120 months.

Estimated: Actual costs will vary due to economic price adjustments, volume usage, and price fluctuations in the market.

2.A.1. ADDENDA: CONTINUATION OF THE SCHEDULE OF SUPPLIES/SERVICES

2.A.1. PRICING METHODOLOGY: The Federal Bureau of Prisons, Field Acquisition Office working to satisfy the acquisition needs of the United States Penitentiary (USP) Canaan, PA, intends to make a single award to a contractor who shall provide natural gas distribution services upon request by the institution as detailed in the Description of the Supplies/Services Being Acquired. The pricing includes all associated charges to the government for providing the services required by this solicitation/contract (e.g., insurance, overhead, minimum wages, etc.). The quantity of supplies to be provided by the contractor is estimated. These estimates are not a representation to a offorer or contractor that the estimated quantities will be required or ordered, or that conditions affecting requirements will remain stable or normal. General information regarding the Bureau and its facilities is located at www.bop.gov.

2.A.2. ORDERING OFFICIAL: In accordance with FAR 52.216-18, request for services will be made via issuance of individual delivery orders. Delivery orders may be issued only by the Contracting Officer (CO), Administrative Contracting Officer (ACO), or an ordering official for the institution with an appropriate certificate of appointment or a delegation of authority.

2.A.3. CONTRACT PRICING: The contract rate for these services shall be on a MCF basis, customer charge by volume, total amount for each meter/location, and a total amount due. The offeror is required to submit a completed copy of the Schedule of Supplies/Services inclusive of contract year 1 through contract year 10.

RFPP02151700003 Page 4 of 26

2.B ADDENDA: CONTINUATION OF THE DESCRIPTION OF THE SUPPLIES/SERVICES BEING ACQUIRED

2.B.1. PLACE OF PERFORMANCE: Contract services will be provided to the United States Penitentiary Canaan, 3057 Easton Turnpike, Waymart, Pennsylvania 18472, USP Canaan houses high security inmates with an adjacent minimum security prison camp.

These facilities are designed to house approximately 1,700 inmates.

2.B.2. REQUIRED SERVICES: Natural Gas Distribution Service Requirements – The Federal Government has a present and continuing requirement for natural gas distribution service for the proper operation of the facility. The contractor shall provide to the Government facility at USP Canaan, natural gas distribution service in a manner and form that is consistent with:

a) All applicable laws, rules, codes, industry standards, permits, and regulations, promulgated by any and all Governmental authorities having jurisdiction, and

b) The facility’s service requirement. Estimated service requirements are:

Estimated monthly usage of 7,328 MCF Estimated total annual energy consumption 87,936 MCF

c) The estimates, by month and annual gas consumption for a typical year are shown above. The usage amounts shown are estimates only and do not constitute a Government usage guarantee. The reasonably accurate estimated quantity is based on the best information available. Due to contingencies, the information is subject to modification and is in no way binding on the Government.

d) The point of delivery for the natural gas supplied shall be at the facility main gas meter(s). The meter(s) and gas regulator(s) shall be of a type to record and distinguish the quantity of natural gas consumed by the facility. The contractor shall maintain pressure at the point of delivery of 15 psig. Measurement, testing, heating value, delivery pressure and quality of natural gas supply delivered shall be in accordance with the applicable interstate/intrastate pipeline specifications. The contractor shall furnish all labor, materials, tools, equipment, and incidentals to deliver direct supply natural gas.

e) Meters and Metering: The Contractor will be required to provide metering capabilities to accurately monitor and record the total natural gas distribution from each level of service to the BOP facilities. The Contractor will be responsible for maintaining, operating, monitoring and calibrating the metering equipment.

f) Natural Gas distribution service shall be provided by the Contractor in accordance with the Statement of Requirements.

g) Material change. The contractor shall use reasonable diligence to provide a constant and uninterrupted distribution of natural gas hereunder. Firm service shall be available for equipment pilot lights, laundry and food service equipment. The facility point of contact will promptly notify the contractor and the CO of any boiler shutdowns, furnace outages, and additions, maintenance of equipment, or compliance with Presidential Directives, Executive Orders, and Public Laws and regulations that may impact the facility historical usage by more than 25% (a “material change”). Additionally, a material change cannot be caused by increases or decreases in operating hours caused by fluctuations in the weather.

2.B.3. INVOICES AND PAYMENT FOR UTILITY SERVICES:

a) Invoices for payment shall be prepared and submitted in standard form. All invoices shall contain such data (units of measure) as will be required to substantiate the filling, including statements of the actual meter readings at the beginning and the end of the billing period, all meter constants, commodity cost, distribution cost, unit cost, total consumption during billing period, name of installation, temperature readings, pressure readings, and/or delivery points to include account name, account number and meter number

All postage and fees related to submitting information including forms, reports, etc. to the Government shall be paid by the contractor. Unless otherwise directed by the Government or this contract, all items shall be preserved, packaged, and packed in accordance with normal commercial practices. Additional, billing information may, at the discretion of the contractor, be supplied upon the written request of the FBOP.

b) Payments for utility services shall not be made in advance of services rendered. Currently, the contractor’s rate schedule states that bills are due 30 days from the date of mailing or delivery. However, to avoid possible late fees or other charges payment may be made by the due date stated on the invoice. Any changes in the contractor’s rate schedule provisions for the payment of bills shall be incorporated into the contract by modification.

c) For purposes of charges under this contract, any excessive demands due to faulty operation of the contractor‘s system shall not be included as part of the FBOP’s demand. The contractor shall be solely responsible for any necessary maintenance and calibration of any meter(s) installed.

2.B.3. MISCELLANEOUS: a) Liability: The Bureau shall in no event be liable or responsible for damage or injury to any person or property occasioned through the use or operation of the contractor’s facilities or the action of the contractor, its employees or agents in performing under this contract, provided that the damage or injury to person or property was not a result of any act or failure to act on the part of the Bureau, its employees or agents; provided further that the contractor shall not be liable for the action of the Bureau, its employees or agents.

b) Force Majeure: Events not reasonably anticipated or within the control of the claiming party. Neither the Bureau nor the contractor shall be considered to be in default with respect to any obligations under this contract by reason of uncontrollable forces. The term "uncontrollable forces" being deemed, for the purposes of this contract, to mean any cause beyond the control of the party affected, RFPP02151700003 Page 5 of 26 including but not limited to failure of facilities, flood, earthquake, storm lightning, fire, pandemic influenza, epidemic, war, riot, civil disturbance, labor disturbance, acts of public enemy, sabotage, other national emergency, restraint by a court of public authority, actions of governments or regulatory bodies, future changes in laws, rules, regulations, utility practices, or distribution failure, which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. In no event shall the economic hardship of either party constitute a Force Majeure condition. The following conditions, by themselves, shall not constitute a Force Majeure condition: inability of the contractor to obtain transportation or the event of higher actual costs than contracted costs to the contractor.

c) Communication: All communications between the Contractor and the Bureau relating to the terms of this contract after notification of award shall be conducted through the Contract Administration Office (CAO).

MAILING ADDRESS OF THE CAO IS: MAILING ADDRESS OF THE CONTRACTOR:

Federal Bureau of Prisons FCI Otisville PO Box 600 Otisville, NY 10963 Phone: (845) 386-6700 Phone:

Fax: (845) 386-6801 Fax:

Attn: Contracting Office Attn:

d) Ordinance: Provided that this contract is executed pursuant to the authority of the contractor and may be modified, amended, or repealed as provided for by law; and further, where any provision(s) of this contract are in conflict with the Natural gas Rate Schedule on file, as amended; or any subsequently enacted rate, the rate schedule then in effect shall prevail, provided that the above is not contrary to Federal Law.

e) Access to Service Location: The Bureau herby grants to the contractor, free of any rental or similar charge, but subject to the limitations and terms specified in this contract, a revocable right of access to enter the Service Location for any proper purpose under this contract including use of site or sites agreed upon by the parties for the installation, operation, and maintenance of the facilities of the contractor. Authorized representatives of the contractor shall, when properly identified, be allowed access to the facilities of the Bureau at reasonable and suitable times to perform the obligations of contractor with respect to such facilities (e.g., reading meter(s), making repairs, performing inspections, or for any other purpose incident to the services). It is expressly understood, however, that proper Bureau authority may limit or restrict the right to access herein granted in the manner considered by such authority to be necessary for the security of USP Canaan.

f) For a minimum period of performance from date of award for this contract through a maximum period not to exceed 10 years from effective date of award, the utility provider shall provide natural gas distribution service to USP Canaan. The government agrees to the terms and conditions of this agreement and shall reserve the right to evaluate the rates, terms and conditions with 60 days advance notification to the contractor, terminate this contract. The Federal government shall be held harmless from all claims, demands, losses, or damages costs of any kind or nature resulting from said termination.

2.B.4. LOAD REDUCTION: The Federal government will not be penalized in any way for pursuing energy conservation projects that reduce all utility load requirements. The Bureau will be invoiced for actual usage and not penalized for usage above or below the estimates provided in the statement of requirements. The estimates are provided based on historical natural gas consumption record but the estimates do not guarantee revenue or future use.

2.B.5. ENERGY CONSERVATION MEASURE: The Energy Policy Act of 1992, Executive Orders, and Presidential Directives require Federal agencies to meet a number of energy and water management goals, among other requirements. The Federal Energy Management Program (FEMP) supports two methods of project financing: Utility Energy Service Contracts (UESCs) and Super Energy Savings Performance Contracts (Super ESPCs). Implemented energy projects save energy, taxpayer dollars and contribute to a cleaner and safer environment.

a) The term Energy Conservation Measure (ECM) means any specific energy related or water service intended to provide energy savings and/or demand reduction in Federal facilities.

b) The term Energy Management Service (EMS) means any project that reduces and/or manages energy demand in a facility as well as energy audits and any ancillary services necessary to ensure the proper operation of the energy conservation measure. Such measures include, but are not limited to, operating, maintenance and commissioning services (Energy Conservation Measure and Demand Side Management Measure are considered equivalent terms). To be considered an EMS measure, the measure must satisfy all of the following requirements:

1) The EMS measure must produce measurable energy reductions or measurable amounts of controlled energy and/or water use;

2) The EMS measure must be directly related to the use of energy or directly control the use of energy or water;

3) The preponderance of work covered by the EMS measure (measured in dollars) must be for items 1 and 2 above; and

4) The EMS measure must be an improvement to real property or any action that is necessary to ensure the functionality of the

EMS measure.

2.B.6. RENEWABLE ENERGY REQUIREMENT of EPAct 2005 and Executive Order 13423: The authority for this requirement is based on Section 203, FEDERAL PURCHASE REQUIREMENT of the Energy Policy Act of 2005 (42 U.S.C. 15852) and Executive Order 13423, Strengthening Federal Environmental, Energy, and Transportation Management (72 FR 3919; January 24, 2007), and the instructions and guidance distributed by the Chairman of the Council for Environmental Quality for the implementation of the Executive Order. Energy Policy Act of 2005: (“EPACT 2005;” Pub. L. 109-58) requires, in part, that the President, acting through the Secretary of Energy, shall seek to ensure that, to the extent economically feasible and technically practicable, of the total amount of electric energy the Federal government consumes during any fiscal year, be renewable energy:

RFPP02151700003 Page 6 of 26

a) not less than 5 percent in fiscal years 2010 through 2012

b) not less than 7.5 percent in fiscal year 2013 and each fiscal year thereafter

Executive Order (EO) 13423 requires that agencies: Ensure that (i) at least half of the statutorily required renewable energy consumed by the agency in a fiscal year comes from new renewable sources, and (ii) to the extent feasible, the agency implements renewable energy generation projects on agency property for agency use. There are no geographic restrictions related to the RECs provided to meet this requirement.

Section 3 – Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions—Commercial Items (JAN 2017)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/far Clause Title

52.203-3 Gratuities (APR 1984) 52.203-8 Cancellation, Rescission, and Recovery for Funds for Illegal or Improper Activity (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-17 Contractor Employee Whistleblower Rights and Requirements to Inform Employees of Whistleblower Rights

(APR 2014)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.232-1 Payments (APR 1984) 52.232-18 Availability of Funds (APR 1984) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-23 Assignment of Claims (MAY 2014) 52.232-40 Providing Accelerated Payments to Small Business (DEC 2013) 52.241-2 Order of Precedence – Utilities (FEB 1995) 52.241-4 Change in Class of Service (FEB 1995) 52.241-5 Contractor’s Facilities (FEB 1995) 52.242-13 Bankruptcy (JULY 1995)

Clauses by Full Text

3.A.1.1 CONTINUATION OF ADDENDUM TO FAR 52.212-4

TAILORING: In accordance with FAR 12.302, the clause at 52.212-4 is hereby tailored to modify the following elements of the clause to adapt to the market conditions.

At paragraph (d), ‘Disputes,’ the requirements are supplemented to provide that matters involving the interpretation of retail rates, rate schedules, tariffs, riders, and tariff related terms provided under this contract and related matters involving the interpretation of retail rates, rate schedules, tariffs, riders, and tariff related terms provided in the contract terms and conditions of service are subject to the jurisdiction and regulation of the utility rate commission having jurisdiction.

At paragraph (f), ‘Excusable Delays,’ the Statement of Requirements section concerning Force Majeure overcomes and has precedence over the Excusable Delays section of the clause in its entirety.

At paragraph (g), ‘Invoices,’ (vi), ‘Terms of any discount for prompt payment offered;’ and (i), ‘Payment,’ (2), ‘Prompt Payment’ and (4), ‘Discount.’ Prompt payment regulations applies to invoice payments on all contracts, except contracts with payment terms and late payment penalties established by other governmental authority (e.g., tariffs).

At paragraph (m), ‘Termination for Cause.’ The following section on Termination for Cause overcomes and has precedence over the Termination for Cause section of the clause at FAR 52.212-4(m) in its entirety. The government may terminate for cause in the event of a material failure to comply with any term or condition which is not remedied within 5 business days from the date of notice of default.

In the event of termination for cause, the government shall not be liable to the contractor for any amount for supplies of services not accepted, and the contractor shall be liable to the government for any and all rights and remedies provided by law. If it is determined that the government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

At paragraph (n), ‘Title.’ The following section on Title overcomes and has precedence over the Title section of the clause at FAR 52.212-4(n) in its entirety. Title to natural gas distribution services provided by the contractor under this contract shall pass from the government to the contractor upon delivery of said wastewater to the Delivery Point.

This contract incorporates one or more agency [DOJ] approved clauses by reference (included above) 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

RFPP02151700003 Page 7 of 26 may be accessed electronically at this/these address(es): [Federal Acquisition Regulation http://www.acquisition.gov or 48 CFR Chapter 1 http://ecfr.gpoaccess.gov], [Justice Acquisition Regulations 48 CFR Chapter 28] http://ecfr.gpoaccess.gov, [USDOJ Procurement Guidance Document(s) (DOJ-PGDs)]: http://dojnet.doj.gov/jmd/cao/procurement-guidance.php

THE FOLLOWING CLAUSES ARE INCORPORATED BY FULL TEXT WITH APPLICABLE FILL-IN INFORMATION AS FOLLOWS:

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 _________________ [insert date].

(End of clause)

52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

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

52.241-3 SCOPE AND DURATION OF CONTRACT (FEB 1995)

(a) For the period EFFECTIVE DATE OF AWARD THROUGH TEN YEARS, the Contractor agrees to furnish and the government agrees to purchase NATURAL GAS DISTRIBUTION utility service in accordance with the applicable tariff(s), rules, and regulations as approved by the applicable governing regulatory body and as set forth in the contract.

(b) It is expressly understood that neither the Contractor nor the government is under any obligation to continue any service under the terms and conditions of this contract beyond the expiration date.

(c) The Contractor shall provide the government with one complete set of rates, terms, and conditions of service which are in effect as of the date of this contract and any subsequently approved rates.

(d) The Contractor shall be paid at the applicable rate(s) under the tariff and the government shall be liable for the minimum monthly charge, if any, specified in this contract commencing with the period in which service is initially furnished and continuing for the term of this contract. Any minimum monthly charge specified in this contract shall be equitably prorated for the periods in which commencement and termination of this contract become effective. (End of clause)

52.241-6 SERVICE PROVISIONS (Feb 1995)

(a) Measurement of service.

(1) All service furnished by the Contractor shall be measured by suitable metering equipment of standard manufacture, to be furnished, installed, maintained, repaired, calibrated, and read by the Contractor at its expense. When more than a single meter is installed at a service location, the readings thereof may be billed conjunctively, if appropriate. In the event any meter fails to register (or registers incorrectly) the service furnished, the parties shall agree upon the length of time of meter malfunction and the quantity of service delivered during such period of time. An appropriate adjustment shall be made to the next invoice for the purpose of correcting such errors. However, any meter which registers not more than TWO (2) percent slow or fast shall be deemed correct.

(2) The Contractor shall read all meters at periodic intervals of approximately 30 days or in accordance with the policy of the cognizant regulatory body or applicable bylaws. All billings based on meter readings of less than TWENTY-SEVEN (27) days shall be prorated accordingly.

(b) Meter test.

RFPP02151700003 Page 8 of 26

(1) The Contractor, at its expense, shall periodically inspect and test Contractor-installed meters at intervals not exceeding ONE (1) year(s). The government has the right to have representation during the inspection and test.

(2) At the written request of the Contracting Officer, the Contractor shall make additional tests of any or all such meters in the presence of government representatives. The government reserves the right to request that a special meter test be made at any time. The cost of such additional tests shall be borne by the government if the percentage of errors is found to be not more than TWO (2) percent slow or fast. If any test made of the Government’s request discloses that the meter tested is registering within plus or minus 2% of normal, the Government shall bear the expense of such test, otherwise, the expense of such test(s) shall be borne by the contractor and the meter will be repaired or replaced by the contractor as expeditiously as possible. The contractor shall provide the FBOP with actual meter reads, taken at the same time each month (preferred on the 1st of each month). No estimated meter reads will be accepted. In the event any meters fails to register or registers incorrectly, the parties, after considering all the evidence available from the contractor’s and Government’s records, shall agree upon the length of period during which such meter failed to register or registered incorrectly and the quantity of services delivered through the meter during such period. Upon reaching agreement, an adjustment shall be made to the Government’s bills.

(3) No meter shall be placed in service or allowed to remain in service which has an error in registration in excess of TWO (2) percent under normal operating conditions.

(c) Continuity of service and consumption. The Contractor shall use reasonable diligence to provide a regular and uninterrupted supply of service at each service location, but shall not be liable for damages, breach of contract or otherwise, to the government for failure, suspension, diminution, or other variations of service occasioned by or in consequence of any cause beyond the control of the Contractor, including but not limited to acts of God or of the public enemy, fires, floods, earthquakes, or other catastrophe, strikes, or failure or breakdown of transmission or other facilities. If any such failure, suspension, diminution, or other variation of service shall aggregate more than ONE (1) hour(s) during any billing period hereunder, an equitable adjustment shall be made in the monthly billing specified in this contract (including the minimum monthly charge). (End of clause)

52.241-7 CHANGE IN RATES OR TERMS AND CONDITIONS OF SERVICE FOR REGULATED SERVICES. (FEB 1995)

(a) This clause applies to the extent services furnished under this contract are subject to regulation by a regulatory body. The Contractor agrees to give SIXTY (60) DAYS written notice of (1) the filing of an application for change in rates or terms and conditions of service concurrently with the filing of the application and (2) any changes pending with the regulatory body as of the date of contract award. Such notice shall fully describe the proposed change. If, during the term of this contract, the regulatory body having jurisdiction approves any changes, the Contractor shall forward to the Contracting Officer a copy of such changes within 15 days after the effective date thereof. The Contractor agrees to continue furnishing service under this contract in accordance with the amended tariff, and the Government agrees to pay for such service at the higher or lower rates as of the date when such rates are made effective.

(b) The Contractor agrees that throughout the life of this contract the applicable published and unpublished rate schedule(s) shall not be in excess of the lowest cost published and unpublished rate schedule(s) available to any other customers of the same class under similar conditions of use and service.

(c) In the event that the regulatory body promulgates any regulation concerning matters other than rates which affects this contract, the Contractor shall immediately provide a copy to the Contracting Officer. The Government shall not be bound to accept any new regulation inconsistent with Federal laws or regulations.

(d) Any changes to rates or terms and conditions of service shall be made a part of this contract by the issuance of a contract modification unless otherwise specified in the contract. The effective date of the change shall be the effective date by the regulatory body. Any factors not governed by the regulatory body will have an effective date as agreed to by the parties. (End of clause)

52.241-8 CHANGE IN RATES OR TERMS AND CONDITIONS OF SERVICE FOR UNREGULATED SERVICES (FEB 1995)

(a) This clause applies to the extent services furnished hereunder are not subject to regulation by a regulatory body.

(b) After THE EFFECTIVE DATE OF AWARD, either party may request a change in rates or terms and conditions of service, unless otherwise provided in this contract. Both parties agree to enter into negotiations concerning such changes upon receipt of a written request detailing the proposed changes and specifying the reasons for the proposed changes.

(c) The effective date of any change shall be as agreed to by the parties. The Contractor agrees that throughout the life of this contract the rates so negotiated will not be in excess of published and unpublished rates charged to any other customer of the same class under similar terms and conditions of use and service.

(d) The failure of the parties to agree upon any change after a reasonable period of time shall be a dispute under the Disputes clause of this contract.

(e) Any changes to rates or terms and conditions as a result of such negotiations shall be made a part of this contract by the issuance of a contract modification. (End of clause)

52.21-603-70 CONTRACTING OFFICER’S REPRESENTATIVE (COR)(Jun 2012)

(a) ___BENJAMIN BUSH, FACILITIES MANAGER_____, is hereby designated as the Contracting Officer’s Representative (COR) under this contract.

(b) The COR is responsible, as applicable, for: receiving al deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contractor effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COR does not have the authority to alter the contractor’s obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes. (End of clause)

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*A COR may be appointed after award via a unilateral modification

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA OR OTHER NATIONAL EMERGENCY (MAY 2008)

During a Pandemic or other emergency, we understand that our contractor workforce will experience the same high levels of absenteeism as our Federal employees. Although the Excusable Delays and Termination for Default clauses used in Government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make reasonable effort to keep performance at an acceptable level during emergency periods.

The Office of Personnel Management (OPM) has provided guidance to Federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce.

Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services during a pandemic influenza or other emergency situation.

The types of actions a Federal contractor should reasonably take to help ensure performance are:

• Encourage employees to get inoculations or follow other preventive measures as advised by the public health service.

• Contractors should cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services where telework is not an option.

• Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful remote work in an emergency.

• Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency.

• Establish communication processes to notify employees of activation of this plan.

• Integrate pandemic health crisis response expectations into telework agreements.

• With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period).

Security concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees’ personal computers and provide them with PCs or laptops as appropriate.

• Determine how all employees who may telework will communicate with one another and with management to accomplish work.

• Practice telework regularly to ensure effectiveness.

• Make it clear that in emergency situations, employees must performance all duties assigned by management, even if they are outside usual or customary duties.

• Identify how time and attendance will be maintained.

It is the contractor’s responsibility to advise the Government Contracting Officer if they anticipate not being able to perform and to work with the Federal Bureau of Prisons (Bureau) to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her absence, the Contracting Officer’s Representative, via telephone or e-mail messages acknowledging the contractor’s notification. The incumbent contractor is responsible for assisting the Bureau in estimating the adverse impacts of nonperformance and to work diligently with the Bureau to develop a strategy for maintaining continuity of operations.

The Bureau does reserve the right in such emergency situations to use Federal employees, employees of other agencies, contracting support from other existing contractors, or to enter into new contracts for critical support services. Any new contracting efforts would be acquired following the guidance in the Office of Federal Policy issuance “Emergency Acquisitions”, dated May 2007 and Subpart 18.2, Emergency Acquisition Flexibilities, of the Federal Acquisition Regulation.

(End of Clause)

BOP 2852.242-71 – EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR 2011)

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

In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit it to the Past Performance Information Retrieval System (PPIRS). The Bureau utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to provide contractor performance evaluations. The contractor shall provide and maintain a current e-mail address throughout the life of the contract. The contractor will receive an e-mail from the Focal Point through the following website address webptsmh@navy.mil when the contract is registered in CPARS. The e-mail will contain a “user ID” and temporary password to register in the CPARS system. The contractor must be registered to access and review its evaluation and/or provide a response. If assistance is required when registering, please contact the Contracting Staff/Focal Point. (End of Clause)

CORPORATE REPRESENTATION REGARDING FELONY CONVICTION UNDER ANY FEDERAL LAW OR UNPAID DELINQUENT TAX LIABILITY-AWARD

(DEVIATION 2015-02)(MARCH 2015)

(a) None of the funds made available by the Department’s current Appropriations Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with corporation –

1. Convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or

RFPP02151700003 Page 10 of 26

2. That has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or document of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(b) By accepting this award or order, in writing or by performance, the offeror/contractor represents that-

1. The offeror is not a corporation convicted of a felony criminal violation under any Federal or State law within the preceding 24 months; and,

2. The offeror is not a corporation that has any unpaid Federal or State tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (End of Clause)

CONTRACTOR INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS PROHIBITING OR RESTRICTING REPORTING OF WASTE, FRAUD, AND

ABUSE-AWARD (DEVIATION 2015-02) (MARCH 2015)

By accepting this award or order, the contractor certifies that it does not require employees or contractors of the contractor seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statement prohibiting or otherwise restricting such employees or contractors from lawfully reporting waste, fraud, and abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of Clause)

3.A.1.2 ADDITIONAL INFORMATION

THE INCORPORATED CLAUSES IN THIS DOCUMENT ARE THOSE IN EFFECT THROUGH FEDERAL ACQUISITION CIRCULAR 2005-94/95. CONTRACTING OFFICERS MAY, AT THEIR DISCRETION, INCLUDE THE CHANGES IN ANY EXISTING CONTRACT WITH APPROPRIATE CONSIDERATION. FAC 2005-94, 2005-95 AMENDS THE FAR AS SPECIFIED EFFECTIVE JANUARY 19, 2017. IF THIS DOCUMENT CONTAINS ANY CLAUSE THAT HAS SINCE BEEN AMENDED, UPON REQUEST, THE

CONTRACTING OFFICER WILL MAKE THEIR FULL TEXT AVAILABLE.

[END OF ADDENDUM TO FAR 52.212-4]

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:

[Contracting Officer check as appropriate.] XX (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) XX (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).

XX (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).

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

__ (ii) Alternate I (Nov 2011).

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__ (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.

XX (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)).

XX (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).

XX (22) 52.219-28, Post Award Small Business Program Representation (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…