Solicitation_SF1449.pdf

U.S. Department of Justice

Federal Bureau of Prisons Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

Re:

Dear Offeror:

September 26, 20 12

RFPP02171200001, Solid Waste Disposal Services Federal Bureau of Prisons Federal Detention Center, Philadelphia, Pennsylvania

This cover letter precedes a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the acquisition of Solid Waste Disposal Services for the Federal Detention Center in Philadelphia, P A. This package contains all the necessary information for submitting a proposal for evaluation.

When submitting offers, offerors should consider all information provided herein. Please carefully follow all instructions located in the solicitation package concerning the content, format, and submission of proposal. Detailed information can be located in Section 5, Solicitation Provisions, Submission of Proposals, of the solicitation.

All potential offerors 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 to be registered in the CCR database, which has been incorporated in the System for Award Management (SAM). Offerors should include their Data Universal Number System (DUNS) number in their proposal. The Contracting Officer will verify registration prior to award by entering the potential awardee's DUNS number into the SAM database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award.

Proposals shall be received on or before the deadline of Friday, October 26, 2012, at 2:00p.m. Central Time. Proposals shall be submitted to the following address:

Federal Bureau of Prisons Field Acquisition Office Attention: Edna Perry-Carter, Contract Specialist U.S. Armed Forces Reserve Complex 346 Marine Forces Drive Grand Prairie, Texas 75051

Mailed and hand-carried proposals must be delivered to the Contract Specialist at the address shown above no later than the time specified as the deadline for receipt of offers. Offerors wishing to hand-carry their proposals must provide written notification to the Contracting Officer, at least 24 hours in advance of arrival, so that arrangements may be made with the base security personnel. The official point of for hand-carried proposals will be the first floor reception area. PLEASE DO NOT SUBMIT PROPOSALS TO ANY LOCATION OTHER THAN THE ONE LISTED ABOVE. Proposals received after the deadline will be handled in accordance with FAR provision 52.212-1 (f). Faxed and emailed proposals will not be accepted.

Please place any questions you may have in writing and fax them to (972) 352-4545 to my attention. We will consider all questions received and provide responses, where appropriate.

If you have any other questions, please feel free to contact me at (972) 352-4569.

Sincerely, Is/

Edna Perry-Carter, Contract Specialist Federal Bureau of Prisons

RFPP02171200001 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 1103-0018

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

DATE DATE

RFPP0217120000 I 09/26/2012

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

7. FOR SOLICITATION TIME

INFORMATION CALL: Edna Perry-Carter 972-352-4569 10/26/2012 14:00:00

9. 1SSUED BY CODE I BFAO 10. THE ACQUISITION IS [K) UNRESTRICTED OR D SET ASIDE: % FOR

Federal Bureau of Prisons D SMALL BUSINESS D WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

Field Acquisition Office D HUBZONE SMALL

SMALL BUSINESS PROGRAM

NAICS: 562111

U.S. Armed Forces Reserve Complex BUSINESS D EDWOSB

346 Marine Forces Drive D SERVICE-DISABLED SIZE STANDARD: 006 VETERAN-OWNED D Grand Prairie, TX 75051 SMALL BUSINESS B(A)

11 . DELIVERY FOR FOB DESTINATION 12. DISCOUNT TERMS 13b. RATING

UNLESS BLOCK IS MARKED

D 13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

D SEE (15 CFR 700) 14. METHOD OF SOLICITATION

SCHEDULE

D RFQ D IFB ~ RFP

15. DELIVER TO CODE BFA! 16. ADMINISTERED BY CODE BFA!

Federal Bureau of Prisons Federal Bureau of Prisons FCI Fairton FCI Fairton 655 Fairton-Millville Road 655 Fairton-Millville Road Fairton, NJ 08320-0280 Fairton, NJ 08320

17a. CONTRACTOR/ CODE I I FACILITY I 18a. PAYMENT WILL BE MADE BY CODE BFA!

OFFEROR CODE

Federal Bureau of Prisons FCI Fairton 655 Fairton-Millville Road Fairton, NJ 08320-0280

TELEPHONE NO.

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

OFFER

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

HECKED D SEE ADDENDUM

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

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

TO PROVIDE SOLID WASTE DISPOSAL SERVICES

IN ACCORDANCE WITH THE STATEMENT OF

WORK.

See Continuation Sheet(s) { Usr Rrverse and/or Attoch Additional Shee/S cu Necessary)

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

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

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. 52.212-5 1S ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

D 29. AWARD OF CONTRACT: REF. OFFER DATED .

YOUR OFFER ON SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ~ET FORTH CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

TERMS AND CONDITIONS SPECIFIED

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

Edna Perry-Carter 09/26/2012

STANDARD FORM 1449 (REV. 0212012)

Prescribed by GSA - FAR (48 CFR) 53.212

I

RFPP02171200001 Page 2 of 33

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

D RECEIVED D INSPECTED 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 321. TELEPHONE NUMBER OF AUTHORIZED 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

OcoMPLETE 0PARTIAL DFINAL

I PARTIAL I I FINAL

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/00) 142d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

I

RFPP02171200001 Page 3 of 33

Table of Contents

Description

Solicitation/Contract Form ..... ........... ... .... .... ... ............. ........... .............. .. .... ... ............... .. ... ... ... ... ........ .... .. ..... I Commodity or Services Schedule

2.0 CONTINUATION OF SFI449 BLOCK 19, 20, 21, 22, 23, AND 24

2.1 Statement of Work

Contract Clauses 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) .............. ...... .. .......... .. .. ....................... 1 0 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005) .... .. .. ...... .. .. .. .. ...... ... ! 0

52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE

2004) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Aug 20 12)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

OR OTHER NATIONAL EMERGENCY (May 2008) .. ........ .. .. .. .. .............. ............ .. .. .. .. ...... .... ............ II 52.224-102(b) INFORMATION RESELLERS OR DATA BROKERS (MAR 2008) 52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984)

3.1 Evaluation of Contractor Performance Utilizing CPARS (Apri12011)

List of Attachments

4.1 SPECIAL CONDITIONS

Solicitation Provisions 52.209-5 Certification Regarding Responsibility Matters (Apr 20 I 0)

ADDENDUM TO FAR 52.212-1 , TAILORING, SUBMISSION OF PROPOSAL, AND AWARD

METHODOLOGY

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005)

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)

FREEDOM OF INFORMATION ACT

52.212-3 Offeror Representations and Certifications--Commercial Items (Apr 20 12) F A0-0024 Business Management Questionnaire

RFPP02171200001 Page 4 of 33

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Provide Solid Waste Disposal Services for FDC Philadelphia , PA, 1.000000 YR $ $ Base lear, Effective Date of Award (EDOA) through 12 months from DOA

Average Tonnage Annually is 215 tons.

0001A Compactor Rental (32 cubic yard Trash Compactor) 12.000000 MO $ $

00018 Pulls (Compactor Removal , Disposal, and Replacement) 104.000000 EA $ $ (Estimated Maximum)

0002 Provide Solid Waste Disposal Services for FDC Philade~hia , PA, 1.000000 YR $ $ Option Year 1, 13 months through 24 months from EDO

0002A Compactor Rental (32 cubic yard Trash Compactor) 12.000000 MO $ $

00028 Pulls (Compactor Removal , Disposal, and Replacement) (Estimated Maximum)

104.000000 EA $ $

0003 Provide Solid Waste Disposal Services for FDC Phiadelphia , PA, 1.000000 YR $ $

Option Year 2, 25 months through 36 months from EDOA

0003A Compactor Rental (32 cubic yard Trash Compactor) 12.000000 MO $ $

00038 Pulls (Compactor Removal , Disposal, and Replacement) 104.000000 EA $ $ (Estimated Maximum)

0004 Provide Solid Waste Disposal Services for FDC Philadel~hia , PA, 1.000000 YR $ $ Option Year 3, 37 months through 48 months from EDO

0004A Compactor Rental (32 cubic yard Trash Compactor) 12.000000 MO $ $

00048 Pulls (Compactor Removal, Disposal, and Replacement) 104.000000 EA $ $ (Estimated Maximum)

0005 Provide Solid Waste Disposal Services for FDC Philadel~his , PA, 1.000000 YR $ $ Option Year 4, 49 months through 60 months from EDO

0005A Compactor Rental (32 cubic yard Trash Compactor) 12.000000 MO $ $

00058 Pulls (Compactor Removal , Disposal, and Replacement) (Estimated Maximum)

104.000000 EA $ $

CONTINUATION OF SF1449, page 1 - Block 1: RP# 0310-12 Block 10: Size Standard: 12.5 Million; Block 25: Funds to be obligated by individual delivery/task orders.

2.0 CONTINUATION OF SF1449 BLOCK 19, 20, 21 , 22, 23, AND 24

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

Services are required to be provided in accordance with the Statement of Work. Offerors are required to submit, as a part of their pro posal, a completed copy- SCHEDULE OF SUPPLIES/SERVICES, inclusive of the base year and all option years.

RFPP02171200001 Page 5 of 33

PRICING METHODOLOGY: The quantity of services to be provided by the Contractor is estimated above in Section 2. These es timates are not a representation to an offeror or contractor that the estimated quantities will be required or ordered, or that conditions affecting requirements will remain stable or normal. Contract pricing shall include all charges to the Government for performing the services required by this solicitation/contract. "Pursuant to FAR 17 .203(b ), the Government's evaluation shall be inclusive of options.

Pursuant to FAR 17 .203( d), offerors may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

The benefits and wages shall be in compliance with all aspects of the applicable wage determination and the Service Contract Act.

You are encouraged to submit multiple offers representing alternative terms and conditions for commercial items that satisfy the re quirements of this solicitation. Each offer submitted will be evaluated separately.

2.1 Statement of Work

STATEMENT OF WORK- SOLID WASTE DISPOSAL SERVICES

Introduction

The Federal Bureau of Prisons, Field Acquisition Office in Grand Prairie, Texas, intends to make a single award for the provision of Solid Waste Disposal Services for the Federal Detention Center (FDC), located in Philadelphia, Pennsylvania. The contract type is an indefinite delivery/requirements contract with firm-fixed prices. General information regarding the Bureau of Prisons (BOP) and its facilities is located at www.bop.gov.

Place of Performance

Services will be performed on-site at FDC Philadelphia, 700 Arch Street, Philadelphia, Pennsylvania 19106.

Method of Performance

The Contractor shall provide all equipment, labor, and expertise required for the removal of trash/refuse from the FDC Philadelphia.

The following equipment and related supplies must be approved.

I . One totally enclosed, roll on/off compactor, with a lockable loadable hopper door. Maximum hopper height of 48". Minimum hydraulic packing force of 40,000 lbs . Cycle time of approximately 30 seconds. This compactor shall be located inside the secure perimeter of the institution in the rear dock. The waste content will consist of paper, packaging, food waste, cans, and items similar to residential waste.

Size: The compactor shall hold approximately 32 yards of compressed trash.

Electrical: The compactor shall operate on 480 volts, 3 phase power.

2. Service: The Contractor shall ensure all trash is disposed of in accordance with Federal, State, and local laws and regulations.

All licenses, permits, and fees related to trash removal and disposal shall be the responsibi li ty of the Contractor.

All equipment, supplies, dumpster container, and controls shall be supplied by the Contractor. All compaction units and receiving containers are to be cleaned and/or returned clean by the Contractor. In the event the waste is frozen or stuck in the receiving unit, the Contractor is responsible for emptying the unit or providing an empty unit at no additional cost to the institution

When spi lls occur as a result of equipment or container failure, the Contractor shall be responsible for all spills and related clean-up cost. The Contractor shall ensure dumpster container locations are clean prior to removing the container from the area.

RFPP02171200001 Page 6 of 33

The Contactor shall provide copies of all receipts related to the disposal of the trash/refuse. The receipt must include the weight of the trash dumped. The receipts shall be addressed to the Faci lity Manager at FDC Philadelphia and shall be sent at least once a month.

The Facility Manager shall receive the receipts no later than the fifth working day of the month.

3. Performance Schedule: The Contractor shall exchange dumpsters at least twice a week. These exchanges will take place on Monday and Thursday mornings between the hours of 5:30a.m. and 6:30a.m. The dumpster will be replaced at the time of the pull with an identical empty/clean dumpster to ensure continuous availability to the institution.

NOTE: Due to security requirements, this unit will be requir ed to be exchanged only during the hours above and will undergo special security steps. Addi tional pulls shall be paid at a per pull char ge.

The above schedule is subject to change based on the needs of the FDC Philadelphia. Unless emergency situations dictate otherwise, a notice of 24 hours will be given if additional pulls are required.

If a scheduled pickup falls on a federal holiday, the pick-up shall be made the following day. At no time shall the FDC Philadelphia be without trash/refuse containers specified in this Statement of Work.

4. Maintenance: All required repairs to the supplied equipment shall be the responsibility of the Contractor. Response times for the repairs shall be Monday through Friday, 7:30a.m. to 3:00p.m., within four (4) hours of notification by the Facilities Manager.

Weekend and holiday response time will be six (6) hours .

5. Title to Equipment: Title of the removal equipment will remain with the Contractor. All equipment and components of the equipment are the sole property of the Contractor.

In the event of termination of this contract as herein provided, the Contractor shall properly remove all of its property at its own ex pense. Upon the Contractor's failure to do so, the Bureau of Prisons shall remove and store such property and charge the Contractor for any expenses incurred for such removal and storage.

6.. Installation: The Contractor shall provide and install compaction equipment at its own expense at the required location in the rear loading dock.

All equipment furnished shall have all required safety devices identified with a control number and installed to prevent seepage and accumulation of debris underneath.

Risk of Loss

The Contractor assumes the full risk of and responsibility for any Joss, destruction or damage occurring to the trash removal equip ment, components or containers, except such loss or damage as may be attributable to FDC Philadelphia by reason of the negligence of its employees while acting within the scope of their employment.

Space Rental and Utilities

The Contractor shall not be required to pay for the space occupied hereunder when in use on the premises ofFDC Philadelphia. The Contractor shall not be required to pay the cost of any utilities for the operation of the removal equipment.

Institution Security

The Contractor and its employees shall be required to meet and adhere to all regulations prescribed by the Bureau of Prisons. Security checks will be initiated each time the Contractor' s employees enter the secure perimeter of the institution. This requires approxim ately 20 minutes, but can take longer. The Government reserves the rights for security reasons to prohibit certain vender's employees from entering the institution.

RFPP02171200001 Page 7 of 33

Security Clearances

The Contractor's employees must fill out the appropriate forms and clear the NCIC check before entering the institution.

RFPP02171200001 Page 8 of 33

Section 3 - Contract Clauses

A.l ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (June 2010)

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(e~): www.acquisition.gov/far vlause [Title

52.253-1 ~omputer Generated Forms (Jan 1991)

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (Apr 1984)

52.232-18 ~vailability Of Funds (Apr 1984)

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

52.224-2 Privacy Act (Apr 1984)

52.224-1 Privacy Act Notification (Apr 1984)

52.223-5 Pollution Prevention and Right-to-Know Information (Aug 2003)

52.204-9 Personal Identity Verification of Contractor Personnel. (Sept 2007)

52.204-4 Printed or Copied Double-Sided on Recycled Paper (Aug 2000)

52.203-12 Limitation On Payments To Influence Certain Federal Transactions (Oct 2010)

Clauses by Full Text

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 effective performance period through the last day of the effective perfomance 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.

RFPP02171200001 Page 9 of 33

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount ofless than one com plete pull, 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--

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

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

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in para graph (b)(!) 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 Regula tion (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 limita tions in paragraph (b), unless that order (or orders) is returned to the ordering office within FIVE (5) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons . Upon receiving this notice, the Govern ment may acquire the supplies or services from another source.

(End of clause) I

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 con tract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified un der 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 Con tractor 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 Con tractor shall not be required to make any deliveries under this contract after the last day of the effective contract period.

RFPP02171200001 Page 10 of 33

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 Of ficer may exercise the option by written notice to the Contractor within the current performance period.

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within the current performance period;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted} before the contract expires. The preliminary notice does not commit the Government to an ex tension.

(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, but excludes the exercise of any option under the clause 52 .217-8, Option to Extend Services, which is incorporated in to this contract in full text.

(End of clause)

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. I . 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 con tractor 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 pic ture 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:

I) Favorable review of the security questionnaire form; 2) Favorable fingerprint results; 3) Favorable credit report, ifrequired;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.Ifthe NAC is not received within five days ofOPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau of Invest igation 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 I a. and I b. above. The pre-appointment waiver re quirements for short-term contractors are:

a. Favorable review of the security questionnaire form; b. Favorable fingerprint results; c. Favorable credit report, ifrequired;5 and d.

Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commensur ate 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 is suance. 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.

RFPP02171200001 Page 11 of 33

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 ex ample, 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 II , 2004, and January 29,2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted ac cess.

c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contract or, 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:

I. FIPS 20 I is available at: www.csrc.nist.gov/publications/fips/fips201/FIPS-20 l-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 investiga tion, 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 I, 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.

[End of Clause]

52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (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 commit ment, individuals or contractor employees providing services must have:

I. Legally resided in the United States (U.S.);2. worked for the U.S. overseas in a Federal or military capacity; or3. 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 inform ation regarding allied countries: http://www.opm.gov/employ/html/citizen.htm

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

[End of Clause]

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 absentee ism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in Government contracts list

RFPP02171200001 Page 12 of 33 epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a 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 ser vice.

• 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 re mote 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 tele work 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 accom plish work.

• Practice telework regularly to ensure effectiveness.

• Make it clear that in emergency situations, employees must perform 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 Department to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her ab sence, another responsible person in the contracting office via telephone or email messages acknowledging the contractor's notifica tion. The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations.

The Department does reserve the right in such emergency situations to use Federal employees, employees of other agencies, contract 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 Procurement Policy issuance "Emergency Acquisitions" , May, 2007 and Subpart 18.2. Emergency Acquisition Flexibilities, of the Federal Acquisition Regulations.

[End of Clause]

52.224-102(b) INFORMATION RESELLERS OR DATA BROKERS (MAR 2008)

Under this contract, the Department obtains personally identifiable information about individuals from the contractor. The contractor hereby certifies that it has a security policy in place which contains procedures to promptly notify any individual whose personally identifiable information (as defined by OMB) was, or is reasonably believed to have been, lost or acquired by an unauthorized person while the data is under the control of the contractor. In any case in which the data that was lost or improperly acquired reflects or con sists of data that originated with the Department, or reflects sensitive law enforcement or national security interest in the data, the con tractor shall notify the Department Contracting Officer so that the Department may determine whether notification would impede a law enforcement investigation or jeopardize national security. In such cases, the contractor shall not notify the individuals until it re ceives further instruction from the Department.

[End of Clause]

52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond September 30 of the base year or any option year exer cised. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropri ated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment

RFPP021 71200001 Page 13 of 33 may arise for performance under this contract beyond September 30 of the base year or any option year exercised, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

3.1 Evaluation of Contractor Performance Utilizing CPARS (April2011)

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

In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit it to the Past Performance Information Retrieval System (PPIRS). The BOP utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to provide Contractor Performance Assessment Reporting System (CPARS) to provide contractor performance evaluations. The contractor shall provide and maintain a current e-mail address throughout the life of the contract. The contractor will receive an e-mail from the Focal Point thru the following website address webptsmh@navy.mil when the contractor is registered in CPARS. The e-mail will contain a 111User 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 regis tering, please contact the Contracting Staff/Focal Point.

(End of Clause)

[END OF ADDENDUM TO FAR 52.212-4]

52.212-5 Contract Terms and Conditions Re8uired to Implement Statutes or Executive Orders--Commercial Items (Aug 2 12)

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

(I) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)) .

_Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 71 04(g)) .

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incor porated 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. 253g and 10 U.S.C. 2402).

_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S .C. 251 note)).

_ (3) 52 .203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012) (Pub. L. 109-282) (31 U.S.C.

6101 note). ·

_ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 20 I 0) (Pub. L. 111-5).

XX (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

_ (7) 52 .209-9, Updates ofPublicly Available Information Regarding Responsibility Matters (Jan 2012) (41 U.S.C. 2313).

_ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Pub. L. 111-117, sec tion 743 ofDivision D ofPub. L. 111-8, and section 745 ofDivision D ofPub. L. 110-161).

_ (9) 52.219-3, Notice ofHUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

_ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S .C. 657a).

_(II) [Reserved]

XX (12)(i) 52.219-6, Notice ofTotal Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

_ (ii) Alternate I (Nov 2011).

_(iii) Alternate II (Nov 20 II).

_(1 3)(i) 52.219-7, Notice ofPartial 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.

RFPP021 71200001 Page 14 of 33

XX(14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

_ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

_ (ii) Alternate I (Oct 200 I) of 52.219-9.

_(iii) Alternate II (Oct 200 I) of 52.219-9.

_ (iv) Alternate III (Ju12010) of52.219-9.

_ (16) 52.219-13 , Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

_ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S .C. 637(a)(14)).

_ (18) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

_ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (I 0 U.S .C.

2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

_ (ii) Alternate I (June 2003) of 52.219-23 .

_ (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

_ (21) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. I 03-355, sec tion 7102, and IOU.S.C. 2323).

_ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f) .

XX (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

_ (24) 52.219-29 Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012).

_ (25) 52.219-30 Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the Women-Owned Small Business Program (Apr 2012) (15 U.S .C. 637 (m).

XX (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_ (27) 52 .222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).

XX (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

XX (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

XX (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

XX (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 20 I 0) (29 U.S.C. 793).

XX (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

XX (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

XX (34) 52.222-54, Employment Eligibility Verification (Jul2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

_ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)) . (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

_ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

_ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O.

13423).

_ (ii) Alternate I (Dec 2007) of 52.223-16.

XX (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

_ (39) 52.225-1 , Buy American Act-Supplies (Feb 2009) (41 U.S.C. !Oa-!Od).

_ (40)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (June 2009) (41 U.S.C. !Oa-!Od, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

_ (ii) Alternate I (Jan 2004) of 52.225-3 .

_(iii) Alternate II (Jan 2004) of 52.225-3 .

RFPP02171200001

_ (41) 52.225-5, Trade Agreements (March 2012) (19 U.S .C. 2501 , et seq., 19 U.S.C. 3301 note).

XX (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

_ (43) 52.226-4, Notice ofDisaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

_ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

_ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(t), 10 U.S.C. 2307(f)).

XX (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

_ (48) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

XX (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

_(50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_ (5l){i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 124l(b) and 10 U.S.C. 2631 ).

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

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

[Contracting Officer check as appropriate.]

XX{l) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

XX(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

XX (3)…