RFQP02051100019.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER OMB Clearance Control Number:

1103-0018

5. SOLICITATION NUMBER

RFQP02051100019

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

08/29/2011

7. FOR SOLICITATION

INFORMATION CALL:

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

TIME

09/21/2011 14:00:00

CODE FAO

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: % FOR:

X SMALL BUSINESS

HUBZONE SMALL BUSINESS

SERVICE-DISABLED VETERAN

OWNED SMALL BUSINESS

8(A)

NAICS: 812210

SIZE STANDARD:D05

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

CODE15. DELIVER TO

SEE SCHEDULE

CODE DEV16. ADMINISTERED BY

Federal Bureau of Prisons FMC Devens 42 Patton Rd Ayer, MA 01432

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

DEVCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FMC Devens PO Box 880 Ayer, MA 01432

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

Mortuary and Autopsy services to be rendered in accordance with the attached terms and conditions.

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. 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)

Lori Wehling

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 10/2010)

Prescribed by GSA - FAR (48 CFR) 53.212

RFQP02051100019 Page 1 of 26

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

GOVERNMENT REPRESENTATIVE

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

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

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

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 10/2010) BACK

RFQP02051100019 Page 2 of 26

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule 3 Contract Clauses 4 List of Attachments 5 Solicitation Provisions

RFQP02051100019 Page 3 of 26

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Year - Mortuary Services 1.000000 YR $____________ $___________________

0002 Option One - Mortuary Services 1.000000 YR $____________ $___________________

0003 Option Two - Mortuary Services 1.000000 YR $____________ $___________________

0004 Option Three - Mortuary Services 1.000000 YR $____________ $___________________

0005 Option Four - Mortuary Services 1.000000 YR $____________ $___________________

SF1449 Continued: Block 1: 0219-11; Block 10: Size Standard = $7.0 million; Block 25: Funds to be obligated by individual task orders.

In accordance with FAR 52.216-18(c), ordering officials are authorized to issue orders orally, by fax, or via email.

RFQP02051100019 Page 4 of 26

Section 3 - Contract Clauses

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.arnet.gov/far

Clause Title 52.253-1 Computer Generated Forms (Jan 1991)

52.232-18 Availability Of Funds (Apr 1984)

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

52.224-2 Privacy Act (Apr 1984)

52.224-1 Privacy Act Notification (Apr 1984)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

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

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

Clauses by Full Text

52.21-603-70 Contract Monitor (CM) (AUG 2008)

(a)Charleston Iwuagwu , Health Services Administrator , FMC Devens, 978-796-1402, is hereby designated as the Contract Monitor (CM) under this contract.

(b) The CM is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provide here-under 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 in-voices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The CM 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 contrac-tual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

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 con-tractor employee whose background investigation (BI) process begins on or after October 27, 2005:a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form I-9, OMB No.

1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued pic-ture ID);

RFQP02051100019 Page 5 of 26

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 Invest-igation Criminal History Check (i.e., fingerprint check results). e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges issued under these procedures will be suspended or revoked.2. Short- Term Contractor Personnel:

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

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

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

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

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

3. Intermittent Contractors:

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

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

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

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

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

e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year. 4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated BI meeting HSPD-12 and DOJ's BI requirements.

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

Notes:

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 investiga-tion, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-II) requires badge issuance to all affected long-term contractors.

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

RFQP02051100019 Page 6 of 26 appointment waiver package.

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

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

[End of Clause]

52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)

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

1. Legally resided in the United States (U.S.);2. worked for the U.S. overseas in a Federal or military capacity; or3. been a dependent of a Federal or military employee serving overseas.

If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current inform-ation regarding allied countries: http://www.opm.gov/employ/html/citizen.htm By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.

[End of Clause]

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $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 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 para-graph (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 Regula-tion (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

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

(End of clause)

52.216-21 Requirements (Oct 1995)

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

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

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

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

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified un-

RFQP02051100019 Page 7 of 26 der this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Con-tractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Con-tractor shall not be required to make any deliveries under this contract after the last day of the effective performance 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 Of-ficer may exercise the option by written notice to the Contractor within or 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 within or 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 [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not com-mit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of clause)

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

Funds are not presently available for performance under this contract beyond September 30th of the base year or any option 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 30th of the base year or any option exercised, until funds are made avail-able 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)

52.212-5 052011 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (MAY 2011)

(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. 7104(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, 108-78).

(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 acquisi-tions of commercial items:

[Contracting Officer check as appropriate.] XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

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

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

RFQP02051100019 Page 8 of 26

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5).

XX (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to sub-contracts for the acquisition of commercially available off-the-shelf items).

__ (7) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Pub. L.

111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

__ (8) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a).

XX (9) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (10) [Reserved] __ (11)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II (Mar 2004) of 52.219-6.

__ (12)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

XX (13) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__ (14)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Jul 2010) of 52.219-9.

XX (15) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

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

__ (17)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

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

__ (18) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (19) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (20) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C.

657 f).

XX (21) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

__ (22) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2011).

__ (23) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2011).

XX (24) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

XX (25) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

XX (26) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

XX (27) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

XX (28) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

XX (29) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

XX (30) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

XX (31) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

XX (32) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisi-tion of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (33)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

RFQP02051100019 Page 9 of 26

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

__ (34) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (35)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

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

XX (36) 52.223-18, Contractor Policy to Ban Text Messaging While Driving (Sep 2010) (E.O. 13513).

XX (37) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (38)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

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

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

__ (39) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (40) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes admin-istered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (41) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

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

__ (43) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (44) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

XX (45) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (46) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (47) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ (48) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (49)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.] XX (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

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

XX (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Con-tracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this con-tract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for

RFQP02051100019 Page 10 of 26 examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, re-gardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items.

Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that of-fer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcon-tracts that offer subcontracting opportunities.

(iii) [Reserved]

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

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

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

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

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

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down re-quired in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

RFQP02051100019 Page 11 of 26

Section 4 - List of Attachments

Exhibits and Attachments Identifier Title Number of

Pages 1 Statement of Work - Mortuary/Autopsy Services and Schedule of Items 12 2 Wage Determination 2005-2263 8 3 Business Management Questionnaire 3

4.1 Special Contract Conditions

OTHER TERMS AND CONDITIONS:

Type of Contract. The Government anticipates establishing an Indefinite Delivery/ Requirements type contract with firm fixed unit prices that includes four 12 month option periods for renewal at the unilateral discretion of the Government in accordance with FAR 43.103(b) and 52.217-9, "Option to Extend the Term of the Contract" and 52.217-8, "Option to Ex-tend Services."

Non-Personal Services Status. Award of this contract establishes a contractual arrangement only and shall not be con-strued as a personnel appointment with the Bureau of Prisons. The services shall not constitute an employer/employee relationship. Payments to the contractor shall be based on the provision of an end product or the accomplishment of a specific task. Results to be obtained are within the contractor's own unsupervised determination. The contractor will not be subject to Government supervision but its efforts will be monitored for quality assurance.

Reviews. The Contracting Officer or designee is authorized to review by on-site survey, review of records, or by any other reasonable manner, the quality of services rendered under this contract. All records shall be subject to review by the Con-tracting Officer or other representative of the Bureau of Prisons.

Payments will be denied when such service does not support the charges or if the service is deemed not necessary or ap-propriate. Such determinations may be made by the Contracting Officer or Contract Monitor, whichever is appropriate. All records shall be subject to review by the Contracting Officer or other delegated representatives of the BOP.

Performance. The periods of performance of the resulting contract shall be as follows:

Base Year: Effective Date of Award (EDOA) through 12 months from EDOA Option Year 1: 13 months from EDOA through 24 months from EDOA Option Year 2: 25 months from EDOA through 36 months from EDOA Option Year 3: 37 months from EDOA through 48 months from EDOA Option Year 4: 49 months from EDOA through 60 months from EDOA

The contractor shall commence services under this contract, by submitting required documentation to initiate security clearance, within 5 calendar days from effective date of award of the contract. In accordance with FAR 46.503 and 46.403(a)(6), the place of acceptance for services under this contract is at the destination, FMC Devens.

Contract Administration

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

Contract Administration Office (CAO): The Contracting Office at FMC Devens is assigned to be the CAO for this contract. This assignment carries with it t the authority to perform all normal contract administration functions listed in FAR 42.302(a), items (1) through (70), to the extent those functions apply to this contract. This assignment also includes delegation of authority to perform functions specified in FAR 42.302(b), items (1) through (11).

RFQP02051100019 Page 12 of 26

Ordering Official: Task orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an indi-vidual with an appropriate certificate of appointment or delegation of authority for purchase card purchases. As stated in the Pricing Schedule, ordering officials are authorized to issue task orders orally, by fax, or via email.

Contract Monitor (CM): The Contracting Officer will designate in writing a CM who shall be responsible for:

a) Monitoring technical progress, including surveillance and assessment of performance and issuing technical changes;

b) Interpreting the scope of work;

c) Technical evaluation as required;

d) Technical inspection and acceptance;

e) Assisting in the resolution of technical problems encountered by the service provider during contract performance;

f) Monitoring funds available for obligation;

g) Ensuring that task orders are issued in accordance with appropriate terms;

h) Ensuring that invoices and payments are processed in a timely manner;

i) Assisting in the resolution of administrative problems encountered by the service provider during the contract perform-ance.

Contract Security/Investigative Requirements.

The employees of the contractor entering the institution shall meet certain security requirements to receive an institutional pass as required by Bureau of Prisons Program Statement 3000.03 dated December 19, 2007. Primary concerns are the amount of contact that may occur between the contractor and his/her employees with the inmate population during the performance of the contract.

The program manager at the FMC is responsible for conducting the appropriate vouchering, law enforcement checks, and ensuring that fingerprinting is completed on all contractor staff that may need access inside the confines of the secure perimeter. The personnel department will establish a security file that will be maintained on each of the contractor's em-ployees from the beginning of the contract through its duration. The following investigative procedures will be performed:

National Crime Information Center (NCIC) check;

DOJ-99 (name check);

FD-258 (fingerprint check):

Law Enforcement Agency checks;

Vouchering of Employers;

Resume/Personal Qualifications;

Competed Contractor Pre-Employment Form OPM-329-A (Authority for Release of Information);

National Agency Check and Inquiries (NACI) check (if applicable); and Urinalysis Test (for the detection of marijuana and other drug usage)

By submitting a quote, the contractor and its employees agreed to complete the required documents and undergo the lis-ted procedures. An individual employee of the contractor who does not pass the security clearances will be unable to per-form services under the contract. If the resulting contract is to be awarded to an individual, all clearance procedures shall be applied prior to award. Individuals who do not pass the security clearance will not be awarded a contract. The final de-termination and completion of the security investigation procedures will be made at the sole discretion of the USP. All per-sons are advised that a urinalysis test for the detection of marijuana and other drug usage shall be performed. Any per-son(s) testing positive shall be disqualified from performing under the resulting contract. Any individual employed by the Contractor deemed not suitable by the Bureau of Prisons requirements will not be granted access to perform services un-der the contract. This is a condition of the contract. The Contractor must be in compliance with Department of Justice reg-ulations at 8 CFR 274a regarding the employment of aliens. A copy of this directive is available upon the Contractor's re-quest.

In addition, each contractor employee must attend an orientation program at the institution. The purpose of this program is

RFQP02051100019 Page 13 of 26 to familiarize contractor employees with BOP operations, the institution, and general rules of conduct and procedures in-side the institution. Contractor employees shall adhere to all institution regulations regarding conduct and performance.

Contractor employees will be allowed access to the institution at the sole discretion of the Chief Executive Officer (CEO).

Any individual performing under this contract may be removed if it becomes apparent that his/her conduct does not reflect the conduct of that prescribed for those people performing under non-personal service contracts.

Schedule of Required Insurance.

As required by FAR clauses 52.228-5 entitled "Insurance-Work on a Government Installation" the contractor shall, at its own expense, provide and maintain during the entire performance of the resulting contract, at least the kinds and minim-um amounts of insurance required as listed below:

Workers Compensation & Employers Liability: The contractor shall comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage.

Employer's liability coverage of a least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (FAR 28.307-2(a))

Comprehensive General Liability: $500,000 per accident on occurrence for bodily injury. This insurance shall include con-tractor's protective and liability (FAR 28.307-2(b)), and Automobile liability: (FAR 28.307-2(c)).

Automobile Liability: $200,000 per person, $500,000 per occurrence for bodily injury, and $200,000 per occurrence for property damage.

Before commencing work under this contract, the contractor shall certify to the Contracting Officer in writing that the re-quired insurance has been obtained. The policies evidencing required coverage shall contain an endorsement to the ef-fect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the state in which this contract is to be performed, or (2) until 30 days after insurer or the contractor gives written notice to the Contracting Officer, whichever period is longer.

The contractor shall insert the substance of this clause, including this paragraph, in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain insurance required in the schedule or elsewhere in the contract. The contractor shall maintain a copy of all subcontractors' proofs of required in-surance, and shall make copies available to the Contracting Officer upon request.

Privacy Act Notification: The contract will require contract staff to operate a system of records and maintain documenta-tion that will require adherence to the Privacy Act of 1974. The system of records will be maintained in accordance with community standards for health service medical records. The contractor and/or staff are not authorized to disclose this or any information pertaining to an inmate to any non-BOP source. Any requests for such information shall be forwarded to the Health Services Administrator for proper disposition.

Statement of Equivalent Rate for Federal Hires: In accordance with FAR 22.1016, the FAR clause located at 52.222-42 is incorporated into this contract by reference. Wage rates and fringe benefits that would be paid by the contracting activ-ity to the various classes of service employees expected to be utilized under this contract if 5 U.S.C. 5341 or 5332 were applicable is a total of $25.68 per hour (exclusive of fringe benefits) for both an Embalmer and/or a Mortician. This state-ment is provided for information purposes only, it is not a wage determination.

Performance Evaluation: In accordance with FAR 42.1502 & 42.1503, agencies shall prepare an evaluation of Contract-or Performance and submit to the Federal Past Performance Information Retrieval System (PPIRS). The Department of Justice, Federal Bureau of Prisons utilizes the Department of Defense (DOD) web-based system - Contractor Perform-ance Assessment Reporting System (CPARS) to provide contractor performance evaluations. The Contractor shall provide and maintain an e-mail address for the duration of the contract for the institutional contracting staff/focal point.

The Contractor shall register with DOD within 30 days of receiving an e-mail from the focal point. The e-mail will contain a "User ID" to complete the registration. The Contractor must register to have access in order to review their evaluation and/or to provide a response. If assistance is required while registering, please contact the assigned Contract Administra-tion Office.

RFQP02051100019 Page 14 of 26

RFQP02051100019 Page 15 of 26

Section 5 - Solicitation Provisions

52.212-1xx Addendum to FAR 52.212-1, Instructions to Offerors - Commerical Items

TAILORING: In accordance with FAR 12.302(a), the provision at 52.212-1 is hereby tailored to modify the fol-lowing elements of the provision.

All references to offer or offeror are changed to read quote and quoter respectively.

Paragraphs (c), (d), (h), (i), and (l) are deleted in their entirety as they have been determined to be not be ap-plicable to this RFQ.

Evaluation and Award Methodology: This acquisition will be procured in accordance with FAR Part 12 – Ac-quisition of Commercial Items and Part 13 – Simplified Acquisition Procedures. The Government intends to evaluate quotes considering past performance and price, and intends to make a single award to a quoter, pursu-ant to an affirmative determination of responsibility, whose quote, conforms to the solicitation and is determ-ined to be the best value to the Government.

Pursuant to FAR 17.203(b), the Government’s evaluation shall be inclusive of options. Pursuant to FAR 17.203(d), quoters may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered. Quoters are advised that the Government has the unilateral right to exercise option periods in accordance with FAR 43.103(b) and 52.217-9, “Option to Extend the Term of the Contract” and 52.217-8, “Option to Extend Services”.

Quoters are advised that the Contracting Officer will verify registration in the Central Contractors Registration database (www.ccr.gov) and the Online Representations and Certifications Application (orca.bpn.gov) prior to award of any contract, by entering the potential awardee DUNS number into each database. Failure to complete the registration may result in elimination from consideration for award.

Quoters are further advised to mark each individual item within their quote considered privileged or confiden-tial under the Freedom of Information Act with notification that the data is considered confidential and priv-ileged and not subject to mandatory disclosure under the FOIA.

CONTENT OF QUOTATIONS: Each quoter shall complete and submit the following forms, clauses, and statements with his/her quote. Failure to do so may cause your quote to be considered as unacceptable.

1. Completed Standard Form 1449, Solicitation/Contract/Order for Commercial Items

2. Quoted pricing for mortuary services. Quoters must submit price quotes using the Schedule of Items de-tailed in Attachment 001. Pricing must be quoted for the Base Year, Option 1, Option 2, Option 3, and Option 4.

3. Completed 52.209-7 Information Regarding Responsibility Matters (listed below)

4. Completed 52.212-3 Offeror Representations and Certifications (listed below) if different from entry at On-line Representations and Certifications Application (ORCA) website.

RFQP02051100019 Page 16 of 26

5. Business Management Questionnaire

6. Documentation of Qualification- Photocopies of each document evidencing compliance with the minimum qualification requirements stated in this solicitation.