RFQP01091600015.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

RFQP01091600015

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

09/01/2016

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME

Jim Seratt jseratt@bop.gov

b. TELEPHONE NUMBER (No collect calls)

972-352-4558

8. OFFER DUE DATE / LOCAL

TIME

09/20/2016 2:00 p.m CT

CODE BFAO

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

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

X 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: $38,500,000

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

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

BLEXCODE15. DELIVER TO

Federal Bureau of Prisons FMC Lexington

3301 LEESTOWN RD

Lexington, KY 40511

CODE BLEX16. ADMINISTERED BY

Federal Bureau of Prisons FMC Lexington

3301 LEESTOWN RD

Lexington, KY 40511

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

BLEXCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FMC Lexington

3301 LEESTOWN RD

Lexington, KY 40511

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.

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 ____ 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)

Jim Seratt

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

333-16

RFQP01091600015

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 See Section 2.2 "Schedule of Services" on pages 3-8 of solicitation. 1.000000 EA $____________ $___________________

2.1 Pricing Methodology

Quoters are required to submit, as part of their quote, a completed copy of Section 2.2, “Schedule of Services.” 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. Haul charges shall include the pick-up, return of the container/compactor, all landfill fees, maintenance, repair and other services as described in the Statement of Work.

Pursuant to FAR 17.203(b), the Government’s evaluation shall be inclusive of options, including the six month extension authorized by FAR 52.217-8. The Government may exercise this option to extend the performance of services for up to six months. This option may be used at any time during the life of the contract, not to exceed six months. The Government will evaluate quotes for award purposes by adding the total price of all options 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.

2.2 Schedule of Services

Base Year – Location A Rental of one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

12 months x $ ________ per month = $ ____________ per year.

Haul charge for one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

156 hauls x $_________ per haul = $ ____________ per year.

Base Year – Location B Rental of one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

12 months x $ ________ per month = $ ____________ per year.

Haul charge for one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

104 hauls x $_________ per haul = $ ____________ per year.

Base Year – Location C Rental of two (2) 30 cubic yard open top containers. Estimated maximum.

12 months x $ ________ per month = $ ____________ per year.

Haul charge for two (2) 30 cubic yard open top containers. Estimated maximum.

104 hauls x $_________ per haul = $ ____________ per year.

Base Year – Location D Rental of one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

12 months x $ ________ per month = $ ____________ per year.

Haul charge for one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

104 hauls x $_________ per haul = $ ____________ per year.

Base Year – Location E Rental of one (1) 30 cubic yard open top container. Estimated maximum.

12 months x $ ________ per month = $ ____________ per year.

Haul charge for one (1) 30 cubic yard open top container. Estimated maximum.

52 hauls x $_________ per haul = $ ____________ per year.

Base Year – Location F Rental of two (2) 30 cubic yard open top containers. Estimated maximum.

12 months x $ ________ per month = $ ____________ per year.

Rental of two (2) 30 cubic yard self-contained compactor. Estimated maximum.

Total for Base Year: $_______________________

Option Year 1 – Location A Rental of one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

12 months x $ ________ per month = $ ____________ per year.

Haul charge for one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

156 hauls x $_________ per haul = $ ____________ per year.

Option Year 1 – Location B Rental of one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

12 months x $ ________ per month = $ ____________ per year.

Haul charge for one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

104 hauls x $_________ per haul = $ ____________ per year.

Option Year 1 – Location C Rental of two (2) 30 cubic yard open top containers. Estimated maximum.

12 months x $ ________ per month = $ ____________ per year.

Haul charge for two (2) 30 cubic yard open top containers. Estimated maximum.

104 hauls x $_________ per haul = $ ____________ per year.

Option Year 1 – Location D Rental of one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

12 months x $ ________ per month = $ ____________ per year.

Haul charge for one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

104 hauls x $_________ per haul = $ ____________ per year.

Option Year 1 – Location E Rental of one (1) 30 cubic yard open top container. Estimated maximum.

12 months x $ ________ per month = $ ____________ per year.

Haul charge for one (1) 30 cubic yard open top container. Estimated maximum.

52 hauls x $_________ per haul = $ ____________ per year.

Option Year 1– Location F Rental of two (2) 30 cubic yard open top containers. Estimated maximum.

12 months x $ ________ per month = $ ____________ per year.

Rental of two (2) 30 cubic yard self-contained compactor. Estimated maximum.

Total for Option Year 1: $_______________________

Option Year 2 – Location A

12 months x $ ________ per month = $ ____________ per year.

Haul charge for one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

156 hauls x $_________ per haul = $ ____________ per year.

Option Year 2 – Location B

12 months x $ ________ per month = $ ____________ per year.

Haul charge for one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

104 hauls x $_________ per haul = $ ____________ per year.

Option Year 2 – Location C Rental of two (2) 30 cubic yard open top containers. Estimated maximum.

12 months x $ ________ per month = $ ____________ per year.

Haul charge for two (2) 30 cubic yard open top containers. Estimated maximum.

104 hauls x $_________ per haul = $ ____________ per year.

Option Year 2 – Location D Rental of one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

12 months x $ ________ per month = $ ____________ per year.

Haul charge for one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

104 hauls x $_________ per haul = $ ____________ per year.

Option Year 2 – Location E Rental of one (1) 30 cubic yard open top container. Estimated maximum.

12 months x $ ________ per month = $ ____________ per year.

Haul charge for one (1) 30 cubic yard open top container. Estimated maximum.

52 hauls x $_________ per haul = $ ____________ per year.

Option Year 2– Location F Rental of two (2) 30 cubic yard open top containers. Estimated maximum.

12 months x $ ________ per month = $ ____________ per year.

Rental of two (2) 30 cubic yard self-contained compactor. Estimated maximum.

Total for Option Year 2: $_______________________

Option Year 3 – Location A

12 months x $ ________ per month = $ ____________ per year.

Haul charge for one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

156 hauls x $_________ per haul = $ ____________ per year.

Option Year 3 – Location B Rental of one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

12 months x $ ________ per month = $ ____________ per year.

Haul charge for one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

104 hauls x $_________ per haul = $ ____________ per year.

Option Year 3 – Location C Rental of two (2) 30 cubic yard open top containers. Estimated maximum.

Haul charge for two (2) 30 cubic yard open top containers. Estimated maximum.

104 hauls x $_________ per haul = $ ____________ per year.

Option Year 3 – Location D Rental of one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

12 months x $ ________ per month = $ ____________ per year.

Haul charge for one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

104 hauls x $_________ per haul = $ ____________ per year.

Option Year 3 – Location E Rental of one (1) 30 cubic yard open top container. Estimated maximum.

12 months x $ ________ per month = $ ____________ per year.

Haul charge for one (1) 30 cubic yard open top container. Estimated maximum.

52 hauls x $_________ per haul = $ ____________ per year.

Option Year 3– Location F Rental of two (2) 30 cubic yard open top containers. Estimated maximum.

12 months x $ ________ per month = $ ____________ per year.

Rental of two (2) 30 cubic yard self-contained compactor. Estimated maximum.

Total for Option Year 3: $_______________________

Option Year 4 – Location A

12 months x $ ________ per month = $ ____________ per year.

Haul charge for one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

156 hauls x $_________ per haul = $ ____________ per year.

Option Year 4 – Location B Rental of one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

12 months x $ ________ per month = $ ____________ per year.

Haul charge for one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

104 hauls x $_________ per haul = $ ____________ per year.

Option Year 4 – Location C Rental of two (2) 30 cubic yard open top containers. Estimated maximum.

12 months x $ ________ per month = $ ____________ per year.

Haul charge for two (2) 30 cubic yard open top containers. Estimated maximum.

104 hauls x $_________ per haul = $ ____________ per year.

Option Year 4 – Location D Rental of one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

12 months x $ ________ per month = $ ____________ per year.

Haul charge for one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

104 hauls x $_________ per haul = $ ____________ per year.

Option Year 4 – Location E Rental of one (1) 30 cubic yard open top container. Estimated maximum.

Haul charge for one (1) 30 cubic yard open top container. Estimated maximum.

52 hauls x $_________ per haul = $ ____________ per year.

Option Year 4– Location F Rental of two (2) 30 cubic yard open top containers. Estimated maximum.

12 months x $ ________ per month = $ ____________ per year.

Rental of two (2) 30 cubic yard self-contained compactor. Estimated maximum.

Total for Option Year 4: $_______________________

Six Month Extension (if utilized) – Location A

6 months x $ ________ per month = $ ____________.

Haul charge for one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

78 hauls x $_________ per haul = $ ____________.

Six Month Extension (if utilized) – Location B Rental of one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

6 months x $ ________ per month = $ ____________.

Haul charge for one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

52 hauls x $_________ per haul = $ ____________.

Six Month Extension (if utilized) – Location C Rental of two (2) 30 cubic yard open top containers. Estimated maximum.

6 months x $ ________ per month = $ ____________.

Haul charge for two (2) 30 cubic yard open top containers. Estimated maximum.

52 hauls x $_________ per haul = $ ____________.

Six Month Extension (if utilized) – Location D Rental of one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

6 months x $ ________ per month = $ ____________.

Haul charge for one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

52 hauls x $_________ per haul = $ ____________.

Six Month Extension (if utilized) – Location E Rental of one (1) 30 cubic yard open top container. Estimated maximum.

6 months x $ ________ per month = $ ____________.

Haul charge for one (1) 30 cubic yard open top container. Estimated maximum.

26 hauls x $_________ per haul = $ ____________.

Six Month Extension (if utilized) – Location F Rental of two (2) 30 cubic yard open top containers. Estimated maximum.

6 months x $ ________ per month = $ ____________.

Rental of two (2) 30 cubic yard self-contained compactor. Estimated maximum.

6 months x $ ________ per month = $ ____________.

Total for Six Month Extension (if utilized): $_______________________

Aggregate Total of Base Year and All Options: $ _______________________

2.3 Statement of Work

Introduction:

The Federal Bureau of Prisons, Field Acquisition Office, Grand Prairie, Texas intends to make a single award of a firm fixed price, requirements type contract to a responsible entity for the provision of trash removal services at the Federal Medical Center and Federal Prison Camp located at 3301 Leestown Road, Lexington, Kentucky 40511-8799. The contractor shall furnish all labor, equipment, vehicles, and materials necessary for the collection and disposal of trash and refuse from the indicated pick-up points as specified in the contract.

Scope of Work:

Size and type of vehicles: The pick-up and hauling vehicle shall incorporate a leak proof body with replaceable door seals and shall be fully enclosed. Vehicles shall possess the lifting capacity capable of picking up and dumping containers with the capacities identified herein. To prevent unreasonable delay in servicing collection stations caused by breakdown of the mechanical containers handling vehicle, the contractor shall possess a standby vehicle with a duplicate handling mechanisms. A mechanically operated cover shall be incorporated on the vehicle to operate in such manner as to protect the container in dump position from the wind and to prevent the spillage of materials across the back of the truck during dumping operations. Adequate measures will be taken at all time to prevent spillage or catering to the truck contents by wind or other means.

Size and type of containers:

The contractor shall provide containers that in the sizes and capacities as identified herein. The containers are to be equipped with top lids (if required) and side doors. Stop latches and release chains are to be even to stops approximately 30 degrees, 60 degrees and 90 degrees, for the conveniences of the user. All larger containers shall be leak proof. Containers used for putrescible waste shall be drain-fitted with a threaded plug to facilitate washing. Latches on the end doors shall be manual type or constructed in such a way as not to cause injury when opened.

The schedule of containers locations and container sizes included in this contract are specified for the purpose of locating adequate receptacles for anticipated refuse generation. The contracting officer is authorized to vary such containers and locations as deemed necessary providing the contractor has adequate lead time to make the necessary changes. In accordance with FAR 52.212-4(c), all changes to the terms and conditions to the contract will be effectuated by bilateral agreement of both parties.

In the event a compactor breaks down, the contractor will provide an replacement container at no additional cost to the government unless the repairs can be made within 24 hours. The size of the container will be determined by the Contracting Officer’s Representative (COR).

All containers shall be painted a uniform color and numbers assigned for identification purposes. Containers shall be repainted if necessary to prevent rust or unsightly conditions.

Compactor Keys:

The contractor will not have access to the keys that operate the two (2) compactors in location A&B. The appointed escort shall be the only authorized individual to unlock and operate the two (2) compactors for removal by the contractor.

Accumulation:

The contractor agrees to remove the entire accumulation of trash and non-edible garbage at the monthly rate quoted herein.

Sanitary Conditions:

The contractor will be required to dispose of the miscellaneous trash and non-edible garbage in such a manner as not to cause conditions detrimental to the public health or to constitute a public nuisance. The contractor will assume-full responsibility for the compliance with all, Federal, State, City, and County laws, rules and regulations governing removal of waste materials. Collections must be made in contractor’s containers which must be fully enclosed, rat-proof, leak-proof, and fire-retardant. Containers must be kept clean, sanitized, and after dumping must be deodorized. Any trash or garbage scattered by the contractor on the institution grounds must be recovered and removed. The pick-up area must be left in a clean sanitary condition.

Cleaning of the containers shall be the responsibility of the contractor. All containers will be washed and cleaned inside and out once a week during the months of June, July, August, and September, and once a month the other eight months, or as they become malodorous or unsanitary, or when requested by the COR.

Maintenance of the containers:

The contractor shall maintain the refuse containers and equipment in a state of satisfactory repair and appearance.

Container and compactor locations and schedules:

Location A (Food Service) - Located approximately 350 yards due west of the rear gate, inside the perimeter fence area of the FMC.

The compactor shall be stationary with a 30 yard container, to be supplied by the contractor. The container shall be emptied three times weekly, Monday, Wednesday, and Friday, between 3:00 a.m. and 6:00 a.m.

Location B - Located approximately 20 yards due west of the rear gate, inside the perimeter fence area of the FMC. The compactor shall be stationary with a 30 yard container, to be supplied by the contractor. The container shall be emptied twice weekly, Monday and Friday, between 3:00 a.m. and 6:00 a.m.

The driver shall notify the Perimeter Patrol Officer of his or her arrival. Upon arrival, the contractor will bring in an empty container.

Once inside of the service perimeter the contractor will switch the empty container with the fully loaded container and proceed to the rear gate with a fully loaded container. The driver will remain in the rear gate until a successful verbal count has been accomplished.

The contractor at his/her discretion may elect to leave the fully loaded container inside the old rear gate area for twenty four hours.

The contractor will be escorted by staff at all times while inside the secured perimeter.

If the government fails to allow entry within the times frames listed above for other than an emergency situation determined by the Institution Captain, the contractor may request reimbursement for costs associated with the delay. All costs associated with the delay shall be in accordance with the procedures outlined in the Federal Acquisition Regulation. If the contractor fails to arrive between the times described above, the government may take an administrative deduction for costs associated with the delay.

Location C (Facilities Construction) - Located inside the secure perimeter of the FMC adjacent to the rear gate entrance. Two 30 yard open top containers to be supplied by the contractor. The containers shall be removed, emptied and replaced every Friday, between 6:00 a.m. and 3:00 p.m.

Location D (Atwood Prison Camp) - Located off from the main entrance road to the second access road. One 30 yard self-contained compactor to be supplied by the contractor. The container shall be emptied twice weekly, Mondays and Fridays, between 6:00 a.m. and 3:00 p.m.

Location E (Garage) - Located behind the main institution and perimeter fences, adjacent to the Garage fuel tanks. One 30 yard open top container to be supplied by the contractor. The container shall be emptied once per week on Fridays, between 6:00 a.m. and 3:00 p.m.

In the event a scheduled pick-up falls on a federal holiday, the contractor shall treat the next business day as the scheduled pick-up day.

Location F (Staging Area) - Located approximately 50 yards due East of the Rear Gate, outside the perimeter fence area. FMC Lexington requires two 30 cubic yard empty compactor/container units and two 30 cubic yard empty open top dumpsters to be supplied by the contractor. These compactors/containers will be stationed outside of secured perimeter across from the Rear Gate to change out with compactor/container units and dumpsters inside the Institution’s fence. Contractor will use these compactor/container units and dumpsters during trash removal from within the secured area using the one in, one out method. When all full containers have been removed and replaced with new containers inside the Institution’s fence, the contractor may begin the process of removing the containers to be emptied. Once all compactor/container units and open top containers have been emptied, (serviced and cleaned as required per contract) they are to be returned to the staging area adjacent to the Rear Gate in preparation for next trash removal date.

Disposal facility:

The contractor must utilize a disposal facility for trash/waste that is in accordance with all Kentucky, State, or City ordinances, laws and regulations. This shall include but not be limited to the regulations of the environment protection agency. A disposal facility is hereby referred to as a landfill which serves a municipal, institutional, and/or rural population and is used or to be used for disposal of domestic waste, commercial waste, institutional waste, municipal waste, demolition/construction waste, fanning waste, discarded automobile tire, (shredded or halved) and dead animals.

Section 3 – Contract Clauses

ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions – Commercial Items (May 2015)

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

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquistion.gov/far

Clause Title 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.232-18 Availability of Funds (Apr 1984)

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

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 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)

52.216-19 Order Limitations (Oct 1995)

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

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

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

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

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

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-21 Requirements (Oct 1995)

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

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

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

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

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

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

52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract.

These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor prior to expiration of the current 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, but excluding the exercise of any option under the clause at 52.217-8, Option to Extend Services which is incorporated into this contract, shall not exceed 5 years.

52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) Funds are not presently available for performance under this contract beyond September 30 of the base year or any option year exercised. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30 of the base year or any option year exercised, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

52.24-403-70 Notice of Contractor Personnel Security Requirements (Oct 2005) Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I.

1. Long-Term Contractor Personnel:

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

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

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

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

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

High Risk - Background Investigation (5 year scope)

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

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

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

1) Favorable review of the security questionnaire form;

2) Favorable fingerprint results;

3) Favorable credit report, if required;3

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

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

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

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

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

2. Short-Term Contractor Personnel:

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

a. Favorable review of the security questionnaire form;

b. Favorable fingerprint results;

c. Favorable credit report, if required;5 and

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

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

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

3. Intermittent Contractors:

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

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

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

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

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

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

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

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

Notes:

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

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

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

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

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

52.218-000 Continuing Contract Performance During a Pandemic Influenza or other National Emergency (May 2008)

During a Pandemic or other emergency, we understand that our contractor workforce will experience the same high levels of absenteeism as our Federal employees. Although the Excusable Delays and Termination for Default clauses used in Government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make reasonable effort to keep performance at an acceptable level during emergency periods. The Office of Personnel Management (OPM) has provided guidance to Federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce. Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services during a pandemic influenza or other emergency situation.

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

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

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

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

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

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

• Integrate pandemic health crisis response expectations into telework agreements.

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

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

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

• Practice telework regularly to ensure effectiveness.

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

• Identify how time and attendance will be maintained.

It is the contractor’s responsibility to advise the Government Contracting Officer if they anticipate not being able to perform and to work with the 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.

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

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

(a) Michael Dunn, (859) 255-6812 or mrdunn@bop.gov, is hereby designated as the Contracting Officer's Representative (COR) under this contract.

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

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

52.242.1502 Evaluation of Contractor Performance Utilizing CPARS (Apr 2011)

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

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

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

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

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

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

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

If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current information regarding allied countries: http://www.state.gov/s/l/treaty/collectivetreaty.

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

DJAR-PGD-14-05 Contractor Notice Regarding DOJ Policy Statement 1200.02, Federal Workplace Responses to

Domestic Violence, Sexual Assault, and Stalking (Dec 2014)

(a) Department Policy on Domestic Violence, Sexual Assault, and Stalking. It is the Department’s policy to enhance workplace awareness of and safety for victims of domestic violence, sexual assault, and stalking. This policy is summarized in DOJ Policy Statement 1200.02 (Policy Statement), available in full for public viewing at http://www.justice.gov/sites/default/files/ovw/legancy/2013/12/19/federal-workplace-responses -to-domesticviolence-sexualassault-stalking.pdf. Vendor agrees, upon contract award, to provide notice of this Policy

Statement, including at a minimum the above-listed URL, to all of Vendor’s employees and employees of subcontractors who will be assigned to work on Department premises.

(b) Point of Contact for Victims of Domestic Violence, Sexual Assault, and Stalking. Upon contract award, the

Department will notify contractor…