Solicitation.pdf

U.S. Department of Justice

Federal Bureau of Prisons Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

Re:

Dear Offeror:

September 30, 2013

RFQPO 1111300021, Solid Waste Removal Services Federal Bureau of Prisons Federal Correctional Institution, Memphis, Tennessee

This cover letter precedes a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the acquisition of Solid Waste Removal Services for the Federal Correctional Institution in Memphis, TN. This package contains all the necessary information for submitting a quote for evaluation.

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

All potential quoters are advised that this solicitation includes the clause FAR 52.212-4 for Commercial Items, which at paragraph (t) requires the Contractor to register in the System for Award Management (SAM) data, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. Quoters should include their Data Universal Number System (DUNS) number in their quote. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardee ' s DUNS number into the SAM database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award.

Sealed quotes shall be received on or before the deadline of Wednesday, October 30, 2013, at 2:00p.m.

Central Time. Quotes shall be submitted to the following address:

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

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

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

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

Sincerely, Is/

Edna Perry-Carter, Contract Specialist Federal Bureau of Prisons

RFQP01111300021 Page 1 of 41

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER OMB Clearance Control Number.

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

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

DATE DATE

RFQP0 1111 30002 1 09/30/2013

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

7. FOR SOLICITATION TIME

INFORMATION CALL: Edna Perry-Carter 972-352-4569 10/30/20 13 14:00:00

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

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

ELIGIBLE UNDER THE WOMEN-OWNED

Field Acquisition Office D HUBZONE SMALL

SMALL BUSINESS PROGRAM

NAICS: 5621 II

U.S. Armed Forces Reserve Complex BUSINESS D EDWOSB

346 Marine Forces Drive D SERvtCE-OISABLEO SIZE STANDARD: 007 VETERAN-OVVNEO D Grand Prairie, TX 75051 SMALL BUSINESS B(A)

11 . DELIVERY FOR FOB DESTINATION 12. DISCOUNT TERMS 13b. RATING UNLESS BLOCK IS MARKED D 13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS D SEE NET 30 (15 CFR 700) 14. METHOD OF SOLICITATION

SCHEDULE ~ RFQ D IFB D RFP

15. DELIVER TO CODE BMEM 16. ADMINISTERED BY CODE BMEM

Federal Bureau of Prisons Federal Bureau of Prisons FCI Memphis FCI Memphis 1101 John A Denie Rd 110 1 John A Denie Rd Memphis, TN 38134 Attn : Contracting Officer

Memphis, TN 38134 17a. CONTRACTOR/ CODE I I FACILITY I 18a. PAYMENT WILL BE MADE BY CODE I BMEM

OFFEROR CODE

Federal Bureau of Prisons FCI Memphis 110 1 John A Denie Rd Attn : Accounting Operations Memphis, TN 38 134

TELEPHONE NO.

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

OFFER

18b. SUBMIT INVOICEtJADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

HECKED SEE ADDENDUM

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

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

TO PROVIDE SOLID WASTE REMOVAL SERVICES

IN ACCORDANCE WITH THE STATEMENT OF

WORK.

See Continuation Sheet(s) ( U.'t! Revrr:ft! Ult(J/or Alloch Additional Sheet.r a.r Nece.uary )

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

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

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. 52.212-51S ATTACHED. ADDENDA D ARE .0 ARE NOT ATTACHED

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

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

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

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

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

TERMS AND CONDITIONS SPECIFIED

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

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

Edna Perry-Carter 09/30/2013

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

I

RFQP011 11300021 Page 2 of 41

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

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

32a. QUANTITY lf\1 COLUMN 21 HAS BEEN

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

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

REPRESENTATIVE REPRESENTATIVE

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

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

O coMPLETE 0 PARTIAL D FINAL

I PARTIAL I I FINAL

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

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

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

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/00) 142d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Section

RFQPO 1111 300021

Table of Contents Description

Solicitation/Contract Form

Commodity or Services Schedule

2.0 CONTINUATION OF SF 1449 BLOCK 19, 20, 21 , 22, 23, and 24

2.1 Statement of Work

Contract Clauses

52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Ext~nd the Term of the Contract (Mar 2000) 52.24-403-70 Notice of Contractor Personnel Security Requirements (Oct 2005) 52.27-103-72 DOJ Contractor Residency Requirement Bureau of Prisons (June 2004) 52.224-1 02(b) Information Resellers or Date Brokers (Mar 2008) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) BOP Clause Evaluation of Contractor Performance Utilizing CPARS (April 2011 ) DJAR-PGD-07 -12 Continuing Contract Performance During a

Pandemic Influenza or Other National Emergency (May 2008) 2852.233-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) 52.232-99 Providing Accelerated Payment to Small Business Subcontractors (Aug 2012) 52.252-6 Authorized Deviations I Provisions (Apr 1984) 52.212-5 Contract Terms and Conditions Required to Implement Statues or

Executive Orders--Commercial Items (Aug 2013) List of Attachments

Special Contract Cond itions Solicitation Provisions ADDENDUM TO FAR 52.212-1, Instructions to Offerors-- Commercial Items (Jul 2013) 52.216-1 Type of Contract (Apr 1984) 52.233-2 Service of Protest (Sep 2006) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) 52.27-103-71 Faith-Based and Community-Based Organization (Aug 2005) 52.209-5 Certification Regarding Responsibility Matters (Apr 201 0)

5.2 Business Management Questionnaire

52.212-3 Offeror Representations and Certifications (Aug 2013)

Section 2 -Commodity or Services Schedule

ITEM NO.

0001A

0001B

0001C

00010

0001E

0001F

0002A

0002B

0002C

00020

0002E

0002F

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

SUPPLIES/SERVICES QUANTITY UNIT

Provide Solid Waste Removal Services for FCI Memphis, Base 1.000000 YR ~ear, Effective Date of Award (EDOA) through 12 months from

DOA

One (1) 30-Yard Compactor located at the FCI 104.000000 EA 104 pick-ups

Two (2) B-Yard Front-end Load Container located at SPC 20B.OOOOOO EA 104 pick-ups each

"As Needed" Pick-ups

One (1) 40-Yard Open-Top Container located at the SPC 9 pick-ups

9.000000 EA

"As Needed" Pick-ups

One (1) 35-Yard Recycle Compactor located at the FCI 26 Pickups

26.000000 EA

"As Needed" Pick-ups

Two (2) 20-Yard Open Top Container located at the FCI 52.000000 EA 26 pick-ups each

"As Needed" Pick-ups

One (1) B-Yard Front-Loaded Container located at the FCI 9 pick-ups

9.000000 EA

"As Needed" Pick-ups

Total for the Base Year

Provide Solid Waste Removal Services for FCI Memphis, Option Year 1, 13 months through 24 months from EDOA

1.000000 YR

One (1) 30 Yard Compactor located at the FCI 104 pick-ups

104.000000 EA

Two (2) B-Yard Front-end Load Container located at SPC 208.000000 EA 104 pick-ups each

"As Needed" Pick-ups

One (1) 40-Yard Open-Top Container located at the SPC 9 pick-ups

9.000000 EA

"As Needed" Pick-ups

One (1) 35-Yard Recycle Compactor located at the FCI 26 Pickups

26.000000 EA

"As Needed" Pick-ups

Two (2) 20-Yard Open Top Container located at the FCI 26 pick-ups each

52.000000 EA

"As Needed" Pick-ups

One (1) 8-Yard Front-Loaded Container located at the FCI 9 pick-ups

9.000000 EA

"As Needed" Pick-ups

Total for Option Year 1

Provide Solid Waste Removal Services for FCI Memphis, Option Year 2, 25 months through 36 months from EDOA

1.000000 YR

RFQP01111300021 Page 4 of 41

UNIT PRICE AMOUNT

RFQP01111300021 Page 5 of 41

0003A One (1) 30-Yard Compactor located at the FCI 104 pick-ups

104.000000 EA $ $ ______ _

00038 Two (2) 8-Yard Front-end Load Container located at SPC 104 pick-ups each

208.000000 EA $ $ ______ _

"As Needed" Pick-ups

0003C One (1) 40-Yard Open-Top Container located at the SPC 9 pick-ups

9.000000 EA $ $ ____________ _

"As Needed" Pick-ups

00030 One (1) 35-Yard Recycle Compactor located at the FCI 26 Pickups

26.000000 EA $ $ ______ _

"As Needed" Pick-ups

0003E Two (2) 20-Yard Open Top Container located at the FCI 52.000000 EA 26 pick-ups each

"As Needed" Pick-ups

0003F One (1) 8-Yard Front-Loaded Container located at the FCI 9 pick-ups

9.000000 EA $ $ ______ _

"As Needed" Pick-ups

Total for Option Year 2

0004 Provide Solid Waste Removal Services for FCI Memphis, Option Year 3, 37 months through 48 months from EOOA

1.000000 YR $ $ ______ _

0004A One (1) 30-Yard Compactor located at the FCI 104 pick-ups

104.000000 EA $ $ ______ _

00048 Two (2) 8-Yard Front-end Load Container located at SPC 104 pick-ups each

208.000000 EA $ $ ______ _

"As Needed" Pick-ups

0004C One (1) 40-Yard Open-Top Container located at the SPC 9 pick-ups

9.000000 EA $ $ ______ _

"As Needed" Pick-ups

00040 One (1) 35-Yard Recycle Compactor located at the FCI 26 Pickups

26 .000000 EA $ $ _ _____ _

"As Needed" Pick-ups

0004E Two (2) 20-Yard Open Top Container located at the FCI 26 pick-ups each

52.000000 EA $ $

"As Needed" Pick-ups

0004F One (1) 8-Yard Front-Loaded Container located at the FCI 9.000000 EA 9 pick-ups

"As Needed" Pick-ups

Total for Option Year 3

0005 Provide Solid Waste Removal Services for FCI Memphis, Option Year 4, 49 months through 60 months from EOOA

1.000000 YR $ $

0005A One (1) 30-Yard Compactor located at the FCI 104.000000 EA 104 pick-ups

00058 Two (2) 8-Yard Front-end Load Container located at SPC 104 pick-ups each

208.000000 EA $ $

"As Needed" Pick-ups

0005C One (1) 40-Yard Open-Top Container located at the SPC 9 pick-ups

9.000000 EA $ $

"As Needed" Pick-ups

FQP01111300021 Page 6 of 41

00050 One (1) 35-Yard Recycle Compactor located at the FCI 26.000000 EA $ $ 26 Pickups

"As Needed" Pick-ups

0005E Two (2) 20-Yard Open Top Container located at the FCI 52 .000000 EA $ $ 26 pick-ups each

"As Needed" Pick-ups

0005F One (1) B-Yard Front-Loaded Container located at the FCI 9 pick-ups

9.000000 EA $ $

"As Needed" Pick-ups

Total for Option Year 4

Total for the Base Year and 4 Option Years

CONTINUATION OF SF1449, page 1- Block 1: RP# 0001-14 Block 10: Size Standard: 35.5 Million; Block 25: Funds to be obl igated by individual delivery/task orders.

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

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

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

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

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

The benefits and wages shall be in compliance with all aspects of the applicable wage determination and the Service Contract Act. You are encouraged to submit multiple quotes representing alternative terms and conditions for commercial items that satisfy the requirements of this solicitation. Each quote submitted will be evaluated separately.

2.1 Statement of Work

STATEMENT OF WORK- SOLID WASTE REMOVAL SERVICES

SUMMARY OF WORK

The Contactor shall provide services to the Federal Correctional Institution (FCI), Memphis, located at II 0 I John A. Denie Road, Memphis, Tennessee 38134 and also to the Satellite Prison Camp (SPC), Millington, located at 6696 Navy Road, Mi llington, Ten nessee 38053. The Contractor shall provide all equipment, labor, and transportation necessary to remove, haul , and properly dispose

RFQP01 111300021 Page 7 of 41 of solid waste.

ADMINISTRATION

The Contractor shall pick-up services in accordance with required schedule, as well as on an "as-needed" basis. Any compactor loc ated inside the prison fence shall be picked up and returned between the hours of midnight and 3:00 a.m.

The Contractor shall submit one combined, itemized invoice that identifies specific compactors, containers, and their charges for all pick-ups each month. Additional pick-ups will be paid monthly after services are rendered and an invoice is submitted or may be charged against a governmentpurchase card, if so requested .

The Contractor shall provide a list of names of drivers and repair technicians who will enter the secure perimeter of the FCI in per formance of this contract. A security investigation of the individual will be completed and clearance must be granted prior to that per son entering the institution.

EQUIPMENT

The Contractor shall furnish and deliver any and all contractor owned equipment to the government that is necessary to fulfill the con tract. This equipment shall remain the property and responsibility of the Contractor. All equipment shall be in good condition, leak proof, and have fresh paint. In the event of equipment failure, the Contractor shall provide uninterrupted service by providing replace ment equipment or an acceptable substitute action plan to the government's satisfaction. This shall happen within 24 hours of the problem's discovery. The Contractor shall use vehicles specifically designed for refuse collections and which do not permit loss of re fuse.

The following equipment is to be used at the FCI:

Located within the secure perimeter fence:

Located outside the secure perimeter fence:

Located at the SPC Millington:

PERFORMANCE SCHEDULE

At the FCI:

One (I) 30 yard trash compactor

One (I) 3 5 yard recycle compactor

Two (2) 20 yard open top containers

One (I) 8 yard front load container

Two (2) 8 yard front load containers

One (I) 40 yard open top container

One (I) 30 yard trash compactor, within the secure perimeter fence, shall be emptied twice weekly. Pick-up days will be Tuesday and Thursday and must occur between the hours of Midnight and 3:00a.m., including return of the empty compactor. Additional pick-ups may occur on an "as-needed" basis.

One (I) 35 yard recycle compactor within the secure perimeter fence shall be emptied once every two weeks. Pick-up days will be Tuesday or Thursday and must occur between the hours of Midnight and 3:00a.m., including return of empty compactor. Additional pick-ups may occur on an "as-needed" basis .

Two (2) 20 yard open top container shall be emptied as needed, approximate ly once every two weeks. Additional pick-ups may occur on an "as-needed" basis.

One (I) 8 yard front load container shall be e~ptied as needed, approximately once every six weeks. Additional pick-ups may occur

RFQP01111300021 Page 8 of 41 on an "as-needed" basis.

At the SPC Millington:

Two (2) 8 yard front load containers shall be emptied as needed, approximately twice weekly.

One (I) 40 yard open top container shall be emptied as needed, approximately every six weeks.

RISK OF LOSS

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

SECURITY

The Contractor shall maintain full compliance with the institution 's regulations and policy while engaged in the trash removal process.

The Contractor's equipment and vehicles shall keep the driveways and entrances serving the premises clear and passable by the insti tutional and emergency vehicles at all times .

All automotive type vehicles, i.e. passenger cars and trucks or other mechanized/motorized equipment when parked and unattended shall be locked/disabled to prevent unauthorized use. The Contractor shall not leave any such vehicle/equipment running while unat tended.

VEHICLES

All incoming and outgoing vehicles will be searched by a Bureau of Prisons employee. Institution officers must be able to inspect the entire vehicle to his/her satisfaction that contraband is not being introduced into the institution and to prevent an escape(s).

MISCELLANEOUS INFORMATION

Trash Pick-up: Trash will not be segregated prior to pick-up with the exception of the 35 yard recycle compactor which will be all cardboard. The contents of the container, including all garbage, refuse, and trash inside, resting upon or in the immediate vicinity of the container and that which might be spilled by collectors during pick-up, shall be thoroughly and completely collected. The sched ule may be altered to meet the security needs of the institution. Any variation in schedule will be as mutually acceptable to the Gov ernment and the Contractor.

Removal and Disposal: The trash shall be removed and disposed of outside the Government premises. The disposal method shall be in accordance with local, state and federal regulations. All fees associated with the disposal are the responsibility of the Contractor.

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 collections day falls on a federal holiday, the schedule shall be observed at no additional cost to the Government.

Cleanliness of Collection Area: Collections stations shall be left in a neat and orderly manner. All solid waste in the vicinity of the collections area, including spillage and waste left of spilled in the area by the Contractor shall be picked up by the Contractor, includ ing all areas within 10 feet of the containers .

Receipts: The Contractor shall provide copies of all weight slips and destination slips of all trash removed from the FCI and the SPC. The receipts shall be addressed to the Contracting Officer and submitted with the invoice for each month. The weight slips are not a basis for payment. The weight slips shall be maintained for record keeping purposes.

RFQPO 1111300021

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Items (Jul2013) 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

Cl b R f auses JY e erence

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): http://www.acquisition.gov/far

Clause Title 52.203-3 Gratuities (Apr 1984) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 201 0) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (May 2011) 52.204-9 Personal Identity Verification of Contract Personnel (Jan 2011) 52.204-13 System for Award Management Maintenance (Jul 2013) 52.222-17 Nondisplacement of Qualified Workers (Jan 2013) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) 52.224-1 Privacy Act Notification (Apr 1984) 52.224-2 Privacy Act (Apr 1984) 52.228-5 Insurance- Work on a Government Installation (Jan 1997) 52.232-18 Availability of Funds (Apr 1984) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.242-13 Bankruptcy (Jul 1995) 52.253-1 Computer Generated Forms (Jan 1991)

Clauses by Full Text

52.216-18 Ordering (Oct 1995)

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

RFQP01111300021

52.216-19 Order Limitations (Oct 1995)

a) Minimum order. When the Government requires supplies or services covered by this contract in an amount less than $50.00, 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 within the current performance period as identified in Section 2;

(2) Any order for a combination of items in excess of the estimated quantities within the current performance period as identified in Section 2; 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 Acquis ition 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 7 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]

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 and 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.

Page 10 of41

RFQPOIIII300021

(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 contract period.

[End of clause]

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 the 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 the 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 52.217-8, Option to Extend Services, which is incorporated into this contract in full text, shall not exceed 5 years.

[End of clause]

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

Compliance with Homeland Security Presidential Directive-12 (HSPD-1 2) and Federal Information Processing Standard Publication 201 (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase 1.1 . 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 1-9, OMB No. 1615-0047, "Employment Eligibility Verification ," and at least one document must be a valid State or Federal government-issued picture I D) ;

RFQP0111130002 1

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 Bl commensurate with the designated risk level associated with the duties of each position. Outlined below are the minimum Bl 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 Bl 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 ;34) 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 Bl 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 with in 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 Bl 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 1 a. and 1 b.

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 Bl 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-1 identity proofing process.

For example, if a contractor employee requires daily access for a three or four-week period, this contractor would be cleared accord ing 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 pol icy.

3. Intermittent Contractors:

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

a. For purposes of th is policy, "intermittent" is defined as those contractor employees needing access to DOJ information systems an'd/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.

Page 12 of 4 1

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 Bl meeting HSPD-12 and DOJ's Bl 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-1 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-11) 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 II 311 must be placed in block II B II of the II Agency Use Only II section of the investigative form. This report is available for all case types.

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

[End of Clause]

52.27-103-72 DOJ Contractor Residency Requirement Bureau of Prisons (Jun 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:

RFQP0111130002l

1. Legally resided in the United States (U.S.) ; 2. worked for the U.S. overseas in a Federal or military capacity; or 3.

been a dependent of a Federal or military employee serving overseas.

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

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

[End of Clause]

52.224-102(b) Information Resellers or Data Brokers (Mar 2008)

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

[End of Clause]

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

Funds are not presently available for performance under this contract beyond September 30 of the base year or any option year 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.

[End of Clause]

Evaluation of Contractor Performance Utilizing CPARS (April 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.

Contract monitoring reports will be prepared by the Contracting Officer's Representative (COR) and maintained in the contract file.

In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit it to the Past Performance Information Retrieval System (PPIRS). The 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 from the Focal Point thru the following website address webptsmh@navy.mil when the contractor is registered in CPARS. The e-mail will contain an "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 review its evaluation and/or provide a response. If assistance is required when registering , please contact the Contracting Staff/Focal Point.

Page14of41

[End of Clause]

DJAR-PGD-07-12 Continuing Contract Performance During a Pandemic Influenza or Other National Emergency (May 2008)

Continuing Contract Performance During a Pandemic Influenza or other National Emergency 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 a reasonable effort to keep performance at an acceptable level during emergency periods. The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods.

This guidance is also applicable to our contract workforce. Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation. The types of actions a federal contractor should reasonably take to help ensure performance are: Encourage employees to get inoculations or follow other preventive measures as advised by the public health 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 perform all duties assigned by management, even if they are outside usual or customary duties.

• Identify how time and attendance will be maintained.

It is the contractor's responsibility to advise the government contracting officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the contracting officer or in his/her absence, another responsible person in the contracting office via telephone or email messages acknowledging the contractors notification .

The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continu ity of operations.

[End of Clause]

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

(a) "Unsafe condition" as used in th is 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 th is contract, or any other material or working condition designated by the Contracting Officer's Representative (COR) 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.

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

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

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

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

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

[End of Clause]

52.252-6 Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 28 clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the re~ulation .

[End of Clause]

[END OF ADDENDUM TO FAR 52.212-4]

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Sep 2013)

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

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 71 04(g)).

_Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

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

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 1 08-78).

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

[Contracting Officer check as appropriate.] XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995)

(41 U.S.C. 253g and 10 U.S.C. 2402).

_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 201 0) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)) .

_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 201 0) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XX ( 4) 52.204-1 0, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

_ (5) 52.204-11 , American Recovery and Reinvestment Act-Reporting Requirements (Jul 201 0) (Pub. L. 111-5).

XX (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

_(7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C.

2313).

XX(8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Pub.

L. 111-117, section 7 43 of Division D of Pub. L.