RFQ FDC HOUSTON SOLID WASTE REMOVAL.pdf

U.S. Department of Justice Federal Bureau of Prisons

Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

Dear Quoter:

Attached is a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the provision of Solid Waste Removal, FDC Houston, Texas. This package contains all necessary information to submit a quote.

Quoters should consider all information provided herein when submitting quotes. Please carefully follow all instructions located in the solicitation package concerning the content, format and submission of your quotes.

All potential quoters are advised that this solicitation includes the clause at FAR 52.212-4 for Commercial Items. Paragraph (t), System for Award Management (SAM), of this clause requires that all quoters doing business with the Federal Government to be registered in the SAM database.

Quoters should include their Data Universal Number System (DUNS) number in their quotes. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardees DUNS number into the SAM database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award. For the purposes of this solicitations, all quoters SAM registration should include NAICS code 562111.

If you have questions about the System for Award Management (SAM), Government procurements in general, or need assistance in the preparation of your quote, a local Procurement Technical Assistance Center (PTAC) may be able to help. The Procurement Technical Assistance Program was authorized by Congress in 1985 in an effort to expand the number of businesses capable of participating in the Government marketplace. To locate a PTAC near you, go to http://www.aptac-us.org.

Quotes shall be received on or before the deadline of March 24, 2021 at 09:00. Central Time.

Quotes shall be submitted electronically via email to vvanburen@bop.gov in pdf format only and will be deemed received at the time as indicated on the email notification. Faxed and hand delivered quotes will not be accepted. Quotes received after the quote deadline will be handled in accordance with FAR 212-1(f).

Please submit any questions you may have in writing. Questions may be submitted via email to vvanburen@bop.gov Sincerely, //s//

Vivian Van Buren Contract Specialist http://www.aptac-us.org/ mailto:vvanburen@bop.gov

15B51721Q00000003 Page 1 of 45

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

15B51721Q00000003

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

03/01/2021

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Vivian Van Buren vvanburen@bop.gov

b. TELEPHONE NUMBER (No collect calls)

972-352-4502

8. OFFER DUE DATE / LOCAL

TIME

03/24/2021 09:00 CT

CODE 15B517

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:562111

SIZE STANDARD:

$41,500,000.00

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

X RFQ IFB RFP

14. METHOD OF SOLICITATION

15B517CODE15. DELIVER TO

Federal Bureau of Prisons FDC Houston

1200 TEXAS AVENUE

HOUSTON, TX 77002

CODE 15B51716. ADMINISTERED BY

Federal Bureau of Prisons FDC Houston

1200 TEXAS AVENUE

HOUSTON, TX 77002

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

BHOUCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FDC Houston

PO BOX 526245

HOUSTON, TX 77052

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

Solid Waste Removal Services to be performed in accordance with the Statement of Work for FDC Houston

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

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)

Vivian VanBuren

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

045-21 FAO021-56

15B51721Q00000003 Page 2 of 45

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Period: Estimated Maximum.

Monthly rental of Two(2) 30 yard compactor dumpster

Firm Fixed Price

PSC: S205

Line Period of Performance: 05/01/2021 - 09/30/2021

Base Period

5 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Base Period: Estimated Maximum.

Pull fee 30 yard compactor dumpster (two times per week)

Firm Fixed Price

PSC: S205

Line Period of Performance: 05/01/2021 - 09/30/2021

Base Period

44 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Base Period: Estimated Maximum.

Monthly rental of one (1) 30 yard open top dumpster

Firm Fixed Price

PSC: S205

Line Period of Performance: 05/01/2021 - 09/30/2021

Base Period

5 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Base Period: Estimated Maximum.

Pull fee 30 yard open top dumpster (once per week)

Firm Fixed Price

PSC: S205

Line Period of Performance: 05/01/2021 - 09/30/2021

Base Period

22 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Option Year 1: Estimated Maximum.

Monthly rental of Two(2) 30 yard compactor dumpster

Firm Fixed Price

PSC: S205

Line Period of Performance: 10/01/2021 - 09/30/2022

Option Period 1

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 Option Year 1: Estimated Maximum.

Pull fee 30 yard compactor dumpster (two times per week)

Firm Fixed Price

104 EA $________ $_________________

15B51721Q00000003 Page 3 of 45

PSC: S205

Line Period of Performance: 10/01/2021 - 09/30/2022

Option Period 1

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0007 Option Year 1: Estimated Maximum.

Monthly rental of one (1) 30 yard open top dumpster

Firm Fixed Price

PSC: S205

Line Period of Performance: 10/01/2021 - 09/30/2022

Option Period 1

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0008 Option Year 1: Estimated Maximum.

Pull fee 30 yard open top dumpster (once per week)

Firm Fixed Price

PSC: S205

Line Period of Performance: 10/01/2021 - 09/30/2022

Option Period 1

52 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0009 Option Year 2: Estimated Maximum.

Monthly rental of Two(2) 30 yard compactor dumpster

Firm Fixed Price

PSC: S205

Line Period of Performance: 10/01/2022 - 09/30/2023

Option Period 2

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 Option Year 2: Estimated Maximum.

Pull fee 30 yard compactor dumpster (two times per week)

Firm Fixed Price

PSC: S205

Line Period of Performance: 10/01/2022 - 09/30/2023

Option Period 2

104 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0011 Option Year 2: Estimated Maximum.

Monthly rental of one (1) 30 yard open top dumpster

Firm Fixed Price

PSC: S205

Line Period of Performance: 10/01/2022 - 09/30/2023

Option Period 2

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0012 Option Year 2: Estimated Maximum.

Pull fee 30 yard open top dumpster (once per week)

Firm Fixed Price

PSC: S205

Line Period of Performance: 10/01/2022 - 09/30/2023

52 EA $________ $_________________

15B51721Q00000003 Page 4 of 45

Option Period 2

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0013 Option Year 3: Estimated Maximum.

Monthly rental of Two(2) 30 yard compactor dumpster

Firm Fixed Price

PSC: S205

Line Period of Performance: 10/01/2023 - 09/30/2024

Option Period 3

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0014 Option Year 3: Estimated Maximum.

Pull fee 30 yard compactor dumpster (two times per week)

Firm Fixed Price

PSC: S205

Line Period of Performance: 10/01/2023 - 09/30/2024

Option Period 3

104 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0015 Option Year 3: Estimated Maximum.

Monthly rental of one (1) 30 yard open top dumpster

Firm Fixed Price

PSC: S205

Line Period of Performance: 10/01/2023 - 09/30/2024

Option Period 3

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0016 Option Year 3 : Estimated Maximum.

Pull fee 30 yard open top dumpster (once per week)

Firm Fixed Price

PSC: S205

Line Period of Performance: 10/01/2023 - 09/30/2024

Option Period 3

52 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0017 Option Year 4: Estimated Maximum.

Monthly rental of Two(2) 30 yard compactor dumpster

Firm Fixed Price

PSC: S205

Line Period of Performance: 10/01/2024 - 09/30/2025

Option Period 4

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0018 Option Year 4: Estimated Maximum.

Pull fee 30 yard compactor dumpster (two times per week)

Firm Fixed Price

PSC: S205

Line Period of Performance: 10/01/2024 - 09/30/2025

Option Period 4

104 EA $________ $_________________

15B51721Q00000003 Page 5 of 45

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0019 Option Year 4: Estimated Maximum.

Monthly rental of one (1) 30 yard open top dumpster

Firm Fixed Price

PSC: S205

Line Period of Performance: 10/01/2024 - 09/30/2025

Option Period 4

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0020 Option Year 4: Estimated Maximum.

Pull fee 30 yard open top dumpster (once per week)

Firm Fixed Price

PSC: S205

Line Period of Performance: 10/01/2024 - 09/30/2025

Option Period 4

52 EA $________ $_________________

Continuation of Standard Form 1449

Section 2.1 – Pricing Methodology Quoters are required to submit, as part of their quote, a completed copy of Section 2, “Commodity or Services Schedule.” The quantity of services to be provided by the Contractor is estimated. These estimates are not a representation to a quoter 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 providing the services required by this solicitation/contract.

Pursuant to FAR 17.203(b), the Government’s evaluation shall be inclusive of options. The Government will evaluate quotes for award purposes by adding the total price of all options and six month extension to the total price of the base year requirement. Pursuant to FAR 17.203(d), the quoters may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

OTHER CONSIDERATIONS

Any deviations from the requirements must have prior approval from the Contracting Officer in writing.

Section 2.2 -Statement of Work

STATEMENT OF WORK

FOR

SOLID WASTE REMOVAL SERVICES

GENERAL INFORMATION:

The Federal Bureau of Prisons (BOP), Field Acquisition Office, Grand Prairie, Texas intends to make a single award of an indefinite delivery/requirements type contract with firm fixed prices to a responsible contractor for the provision of Solid Waste Removal Services for the Federal Detention Center (FDC) Houston, located in Houston, Texas. The Government reserves the right to award as a single contract, therefore, each initial quote should contain the best terms from a cost or price standpoint. The base period of performance shall begin on the effective date of award through September 30, 2021, after the effective date of award, with the government's unilateral right to exercise four (4), 12 month option periods. The General Information regarding the Federal Bureau of Prisons (BOP), its facilities, and referenced Program Statements can be located at www.bop.gov.

PLACE OF PERFORMANCE:

The contractor shall perform these services for the Federal Detention Center located at 1200 Texas Avenue, Houston, Texas 77002.

EQUIPMENT:

Compactor The Contractor shall make available to the institution two (2), thirty (30) cubic yard self-contained (roll-off) closed container with a 2.3 cubic yard compactor for rental. Both of these compactors will be located at 1200 Texas Avenue, Houston, Texas 77002. Access to the dumpster area will be from Caroline Street, a one-way southbound street. The compactors will be in a secured area. Entrance to the secured area will be gained with the assistance of a staff member only. The Contractor shall provide complete trash removal services to include pick-up, haul, dump, and relocate. The container shall be standard commercial-industrial type of heavy gauge metal construction and designed for mechanized handling. The container shall be freshly painted at the start of the contract and periodically during the term of the contract to maintain a pleasant appearance. The Contractor's name and local phone number shall be prominently displayed on the container. The Contractor shall perform all maintenance, repair, and cleaning of all equipment and components associated with the compactors. POWER SUPPLY AVAILABLE:

240/480 Volt AC, as needed for compactor units. Please stipulate full electrical attachment needs in your bid.

Open TOP Unit: The Contractor shall make available to the institution one (1), thirty (30) cubic yard open top

15B51721Q00000003 Page 6 of 45 http://www.bop.gov/ construction, roll-off dumpster for rental. This container will be located at 15431 West Vantage Parkway, Houston, Texas. The container shall be standard commercial-industrial type of heavy gauge metal construction and designed for mechanized handling. The container shall be freshly painted at the start of the contract and periodically during the term of the contract to maintain a pleasant appearance. The Contractor's name and local phone number shall be prominently displayed on the container. The Contractor shall perform all maintenance, repair, and cleaning of all equipment and components associated with the open top unit.

Contractor Vehicles: The Contractor shall use vehicles specifically designed for refuse collection and which do not permit loss of refuse. The Contractor shall have sufficient equipment for execution of this contract.

SCHEDULES and PICKUP:

Trash Pick-up: Trash will not be segregated prior to pick-up. The "contents" of the compactor including all garbage, refuse and trash inside, resting upon or in the immediate vicinity of the compactor and that which might be spilled by collectors during pick-up, shall be thoroughly and completely collected. The compactor's waste material will consist of solid and/or wet waste from food service and other departments within the institution. The pick-up schedule may be altered to meet the needs of the institution and the FDC may require additional pulls and will notify the Contractor in advance as needed. The Contractor must, upon notification of the FDC, complete the additional pulls within 24 hours. Extra pull charges will not differ from the normal contracted rate.

Removal and Disposal: The trash shall be removed and disposed of outside Government premises. The disposal method shall be in accordance with Local, State and Federal Government Health and Sanitation Codes and Regulations. The disposal of waste shall be in a legally and environmentally safe manner. The contractor shall provide written documentation stating that the approved landfill meets all Federal, State, and Local city regulations.

Each compactor unit will be picked up once a week, one on Tuesday and the other on Thursday, between the hours of 3:30AM and 4:45AM, (not before or after these hours). Both of these compactors will be located at 1200 Texas Avenue, Houston, Texas 77002. Variance of these two days is allowed, i.e. Monday and Thursday, Tuesday and Friday.

Should this fall on a Holiday, the pickup day will be either the day prior or immediately following, (i.e. Monday and Friday respectfully).

The open top roll-off container will be pulled once per week, on Friday. This container will be located at 15431 West Vantage Parkway, Houston, Texas. The ram compactor units of these compactor must be able to lock in the closed position to allow no human entrance to the trash storage bin area.

Deodorization/Internal/External cleaning of these two dumpster units will be accomplished by the provider/contractor on a weekly basis.

The procedures for pulling the self-contained units at the FDC are as follows: The driver will arrive at the pick-up area on the left hand side of Caroline Street just prior to Capitol Avenue. The truck driver will await for the arrival of a FDC Houston staff member for further direction and admittance to the dumpster area. The 30 cubic yard dumpster will be retrieved onto the respective truck, taken to the sanitary landfill area and emptied. The dumpster will be cleaned and deodorized prior to its return to FDC Houston. The empty dumpster can be returned on the same day, any time prior to 4:00PM, unless other arrangements have been made for repairs, etc.

NOTE: All compactors provided by the Contractor must be in new or like new condition and be able to handle and contain the types of waste listed herein. All compactors provided shall be acceptable in condition and appearance to the Contracting Officer's Representative (COR). The units and equipment supplied by the contractor must be maintained in good working order. The contractor will ensure that the units are neat in appearance and that there are no cracks or broken parts, and the wheels are operational. The fixed equipment, installed by the Contractor, which includes the stop/start switch, hydraulic pump, reservoir, and hoses, must be maintained in a neat manner. For

15B51721Q00000003 Page 7 of 45 appearance and safety reasons there should be no hydraulic fluid leaks, frayed electrical wires or otherwise damaged equipment. In the event that the fixed equipment Installed by the contractor Is In need of repair or service It will be the responsibility of the contractor to notify the COR or his/her designee, at which time arrangements will be made for the contractor to be admitted to the Institution for the work to be done. If possible, notifications will be made at least one working day prior to the contractor entering the Institution. The Contractor must remedy problems within 24 hours after notification.

Cleanliness of Collection Area: Collection stations shall be left in a neat and orderly manner. All solid waste in the vicinity of the collection area, including spillage and waste left or spilled in the area by the contractor user, shall be picked up by the Contractor, including all areas within ten (10) feet of containers.

Receipts /Invoices: The Contractor shall provide copies of all weight slips and destination slips of all trash removed from FDC Houston. The receipts shall be addressed to the COR at the FDC and shall be sent with the invoice for each month. The weight slips are not a basis for payment, they are for record keeping purposes.

Inclement Weather Schedule: Refuse shall be collected as scheduled during inclement weather unless specific approval to delay is requested by the Contractor and approved by the Contracting Officer.

Holiday Schedule: When a scheduled collection falls on a Federal Holiday, the pick-up shall be made the following day at the regularly scheduled time at no additional cost to the Government.

Contract Completion: Upon completion of this contract, all Contractor furnished equipment must be removed from the institution before the final invoice can be paid.

Continuity of Services: To ensure continuity of essential services, the Contractor shall be prepared to fully commence work on the start date of the contract and should not assume that Government or previous Contractor employees will be available to guide, direct or specifically orientate each Contractor employee.

Section 2.3 – Special Contract Conditions

Type of Contract: The Government contemplates a single award of an indefinite delivery/requirements type contract with firm-fixed unit prices resulting from this solicitation. It is anticipated that the contract resulting from this solicitation will be awarded in April 2021 and with an anticipated effective date of award (EDOA) of May 1, 2021.

On or about the EDOA, FDC Houston will issue a task order to the contractor.

The resulting contract will include a base period from the effective date of award (EDOA) through September 30, 2021 from the (EDOA) with four (4) possible 12-month option years for renewal at the unilateral discretion of the Government. Quoters are advised that the Government has the unilateral right to exercise option periods in accordance with FAR 52.217-9, "Option to Extend the Term of the Contract.”

Performance Period(s): The anticipated effective date of award (EDOA) is May 1, 2021.

Base Period: Anticipated effective date May 1, 2021 through September 30, 2021 from EDOA Option Year 1: October 1, 2021 through September 30, 2022 Option Year 2: October 1, 2022 through September 30, 2023 Option Year 3: October 1, 2023 through September 30, 2024 Option Year 4: October 1, 2024 through September 30, 2025

Point of Acceptance: The point of acceptance for services is FDC Houston, Texas.

15B51721Q00000003 Page 8 of 45

Non-Personal Services Information: This service is a contractual arrangement and not a personnel appointment.

Payment is based on the provision of an end product or the accomplishment of a specific task. The service does not constitute an employer/employee relationship. The contractor will not be subject to Government supervision, except for security related matters. However, contractor performance shall be monitored. The contractor shall attend all training required by the Bureau of Prisons for contract workers. The contractor will not be permitted to attend institution meetings, staff recalls or Government training sessions for institution staff.

Reviews: The Contracting Officer or designee is authorized to review by on-site survey, review of records, or by any other reasonable manner, the quality of supplies rendered under this contract. All records shall be subject to review by the Contracting Officer or other representative of the BOP. Payments will be denied when such service does not support the charges or if the service is deemed not necessary or appropriate. Such determinations may be made by the Contracting Officer or COR, whichever is appropriate. All records shall be subject to review by the Contracting Officer or other delegated representatives of the BOP.

Contracting Officer Responsibility: Authority to negotiate changes in the terms, conditions, or amounts cited in this contract is reserved to the Contracting Officer. This responsibility may be delegated to an Administrative Contracting Officer by the Contracting Officer.

Contract Administration Office (CAO): The Contracting Office at FDC Houston is assigned to be the CAO for a resultant contract. This assignment carries with it the authority to perform all normal contract administration functions as listed in FAR 42.302(a), items 1 through 71; to the extent those functions apply to this contract. This assignment also includes delegation of authority to perform functions specified in FAR 42.302(b), items 1 through 11.

Ordering Official: Task orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for FDC Houston with an appropriate certificate of appointment. Each task order will identify the services schedule for that period. Orders can be issued orally, by facsimile, mail, or electronic commerce methods. Task orders will take the form of an OF-347, SF-1449, or purchase card acquisition form.

Contract Security/Investigative Requirements: The Contractor will not be subject to Government supervision, except for security related matters and monitoring of contract performance.

The following investigative procedures may be applied and appropriate forms completed before any Contractor employees are permitted inside an institution:

National Crime Information Center (NCIC) Check;

DOJ-99 - Name Check;

FD-258 - Fingerprint Check;

Law Enforcement Agency Check;

Vouchering of employers over the past five years for each individual instructor or employee;

Resume/Personal Qualifications;

OPM-329-A - Authority for Release of Information;

NACI Check (if applicable) OF-306 Declaration of Federal Employment Completed Contractor Pre-employment Questionnaire Questionnaire for Sensitive Positions (SF-85 for Low Risk, SF-85P for above low risk) In addition to the above procedures, Contractor employees must agree to undergo a urinalysis test (for the detection of marijuana and other drug usage). If a test result is positive, the individual(s) shall be excluded and the Contractor

15B51721Q00000003 Page 9 of 45 shall provide acceptable replacement personnel subject to the same security requirements. Before a quote can be considered for award, the Contractor must agree to submit to the all the above security requirements.

Schedule of Required Insurance As required by FAR 52.228-5 entitled “Insurance – Work on a Government Installation,” the Contractor shall, at its own expense, provide and maintain during the entire performance of the resulting contract, at least the kinds of minimum amounts of insurance required as listed below:

In accordance with FAR 28.307-2, (a)Workers Compensation & Employer’s Liability: The contractor shall comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations it would not be practical to require this coverage. Employer’s liability coverage and of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers compensation to be written by private carriers.

(b)Comprehensive General Liability: $500,000 per accident on occurrence for bodily injury. This insurance shall include contractor's protective and liability

(c) Automobile liability: The contracting officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

The policies evidencing required coverage shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective (1) for such period as the laws of the state in which this contract is to be performed, or (2) under 30 days after insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

Statement of Equivalent Hires: The applicable fill in information for FAR 52.222-42, Statement of Equivalent Hires (May 2014) is as follows: WD15-5233 Truckdriver, Medium, Code 31362 - $19.07 plus benefits; Refuse Collector, Code 99730 - $16.72 plus benefits. As stated in the contract clause, this is for information purposes only.

ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions – Commercial Items (Oct 2018)

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, Contract Terms and Conditions – Commercial Items.

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 address:

www.acquision.gov/far

Clause Title 52.232-18 Availability of Funds (Apr 1984) 52.204-13 System for Award Management Maintenance (Oct 2018)

15B51721Q00000003 Page 10 of 45

FAR 52.216-18, Ordering (Aug 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the first day of the current performance period through the last day of the current performance period.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If, mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

FAR 52.216-19 Order Limitations (Oct 1995)

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

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

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

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

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216- 21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 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 Government may acquire the supplies or services from another source.

(End of clause)

FAR 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

52.232-40 Providing Accelerated Payments to Small Business Subcontractor (Dec 2013) 52.228-5 Insurance-Work on Government Installation (Jan 1997)

15B51721Q00000003 Page 11 of 45 provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

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

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

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

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

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after the last day of the effective performance period.

(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 prior to expiration of the current performance period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause shall not exceed 5.5 years.

(End of clause)

FAR 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

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

15B51721Q00000003 Page 12 of 45

(End of clause)

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

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

1. Long-Term Contractor Personnel:

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

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

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

c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position. Outlined below are the minimum BI requirements for each risk level:

• High Risk - Background Investigation (5 year scope)

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

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

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

1) Favorable review of the security questionnaire form;

2) Favorable fingerprint results;

3) Favorable credit report, if required;3

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

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

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

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

e. Badge re-validation will occur once the investigation is completed and favorably adjudicated.

If the BI results so justify, badges issued under these procedures will be suspended or revoked.

2. Short-Term Contractor Personnel:

1.

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

15B51721Q00000003 Page 13 of 45 short-term contractors are:

a. Favorable review of the security questionnaire form;

b. Favorable fingerprint results;

c. Favorable credit report, if required;5 and

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

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

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

3. Intermittent Contractors:

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

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

b. Contractors requiring intermittent access should follow the Department's escort policy.

Please reference the August 11, 2004, and January 29, 2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted access.

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

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

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

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

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

Notes:

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

2. Under HSPD-12, long-term contractors are contractors having access to DOJ information

15B51721Q00000003 Page 14 of 45 systems and/or DOJ facilities or space for six months or longer. The PIV-I identity proofing process, including initiation and adjudication of the required background investigation, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-II) requires badge issuance to all affected long-term contractors.

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

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

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

(End of clause)

BOP 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

15B51721Q00000003 Page 15 of 45 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 Bureau of Prisons (BOP) to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her absence, the Contracting Officer’s Technical Representative, via telephone or e-mail messages acknowledging the contractor’s notification. The incumbent contractor is responsible for assisting the BOP in estimating the adverse impacts of nonperformance and to work diligently with the BOP to develop a strategy for maintaining continuity of operations.

The BOP 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 Regulations.

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

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

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

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

(d) If during the performance of the work under this contract, the contractor or any of its employees, or subcontractor employees, discovers the existence of an unsafe condition, the contractor shall immediately notify the contracting officer, or designee, (with written notice provided not later than three (3) working days thereafter) of the existence of an unsafe condition.

Such notice shall include the contractor's recommendations for the protection and the safety of Government, contractor and subcontractor personnel and property that may be exposed to the unsafe condition.

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

(f) Nothing contained in this clause shall relieve the contractor or subcontractors from complying with applicable Federal, State, and local laws, codes, ordinances and regulations (including the

15B51721Q00000003 Page 16 of 45 obtaining of licenses and permits) in connection with hazardous material including but not limited to the use, disturbance, or disposal of such material.

(End of Clause)

BOP 52.21-603-70 Contracting Officer’s Representative (COR) (July 2012)

(a) Larry Thrash, General…