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Solid Waste Removal Federal contract opportunity
Solicitation number
RFQP02111400011
Issued by
Department of Justice Bureau of Prisons Field Acquisition Office

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Re: RFQP02111400011 , Solid Waste Removal

U.S. Department o ustice Federal Bureau ofPrisons Field Acquisition Office

U. S. Armed Forces Reserve Complex Grand Prairie, Texas 75051

August 14, 2014

Federal Correctional Institution Otisville, New York

Dear Quoter:

Accompanying this cover letter is a Request for Quotation (RFQ) prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the acquisition of Solid Waste Removal for the Federal Correctional Institution located in Otisville, New York. This package contains all the necessary information for submitting a quote for evaluation.

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

All quotations must be received on or before the deadline of September 17, 2014 at I :00 P.M. Central Standard Time.

Quotations shall be submitted to the following address:

Federal Bureau of Prisons Field Acquisition Office U.S. Armed Forces Reserve Complex ATTN: Michelle Morgan, Contract Specialist 346 Marine Forces Drive Grand Prairie, Texas 75051

Mailed or hand-carried quotes must be delivered to the Contracting Officer or to the contracting office at the address shown above no later than the time specified as the deadline for receipt of quotes . The official point for hand-carried quotes will be the receptionist ' s area on the first floor of the address listed above. Please do not submit quotes to any location other than the one listed above. Quotes received after the deadline will be processed pursuant to Federal Acquisition Regulation 52.212-1 (f). Faxed or emailed quotations are not authorized.

Should you have any questions, please make these inquires in writing. Questions maybe submitted via facsimile at

(972) 352-4546, ore-mailed to rnrmorgan@bop.gov. Any additional questions not addressed herein, please call me at (972) 352-4535.

Sincerely, ~~0~~ Federal Bureau of Prisons Field Acquisition Office

RFQP02111400011 Page 1 of 28

SOLICIT ATION/CONTRACT/OR'M'R FOR COMMERCIAL ITEMS 1. REQUISI NUMBER

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

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

DATE DATE

RFQP021114000 II 08114/2014.

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

CALL: TIME

mrmorgan@bop.gov (0) (972) 352-4528 09/ 17/2014 13 :00:00

9. ISSUED BY CODE I BFAO 10. THE ACQUISITION-r:;-u 'tJNRESTRICTED OR 0 SET ASIDE: I 00.00 %FOR

Federal Bureau of Prisons 0 SMALL BUSINESS D WOMEN-OWNED SMALL BUSINESS (WOSB)

Field Acquisition Office

ELIGIBLE UNDER THE WOMEN-OWNED

D HUBZONE SMALL

SMALL BUSINESS PROGRAM

NAICS: 562111

U.S. Armed Forces Reserve Complex BUSINESS D EDWOSB

346 Marine Forces Drive D SERVICE-DISABLED SIZE STANDARD: $35,500,00 VETERAN-OWNED D Grand Prairie, TX 75051 SMALL BUSINESS 8(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

OSEE (15 CFR 700) 4. METHOD OF SOLICITATION

SCHEDULE

0RFQ D IFB DRFP

15. DELIVER TO CODE I BOTV 16. ADMINISTERED BY CODE IBOTV

Federal Bureau of Prisons Federal Bureau of Prisons FCI Otisville FCI Otisville 2 Mile Drive 2 Mile Drive

OTISVILLE, NY 10963 OTISVILLE, NY I 0963

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

OFFEROR CODE

Federal Bureau of Prisons FCI Otisville 2 Mile Drive

OTISVILLE, NY I 0963

TELEPHONE NO.

D 17b. CHECK IF REMITIANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

OFFER HECKED D SEE ADDENDUM

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

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

Solid Waste Removal Services for FCI Otisville

See Continuation Sheet(s) { Use Reverse and/or Attach Ad<.IUional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 1 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 ATIACHED. ADDENDA ~ARE RARE NOT ATIACHED

I= 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. 52.212-5 IS ATIACHED. ADDENDA ARE ARE NOT ATIACHED

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

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

D 29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5)

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, TERMS AND CONDITIONS SPECIFIED. 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)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

Michelle Morgan

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.21 2

RFQP02111400011 Page 2 of 28

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE 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

FINAL

QOMPLETE [JARTIAL QINAL

39. Si 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) 42d . TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

I

RFQP02111400011 Page 3 of 28

Table of Contents

Description Page Number

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

1.1 Schedule of Items I Pricing

1.2 Statement of Work

Contract Clauses 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters w/ Alternate I .. 9 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) ... .... ...... ........ ........... .. .. .... .. ...... ........ ..... .... ....... ....... .... .. ..... .. .. ... ....... ) 0 52.217-8 Option to Extend Services (Nov 1999) .. ..... ............... ............. .... .. ..... ... ...... .... ...... .... .... ........... . ! 0 52.217-9 Option to Extend the Term of the Contract (Mar 2000) ... .. ....... .... .... ... ...... ...... ...... ... .... .......... -10 52.222-42 Statement of Equivalent Rates for Federal Hires (May 1989) 52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984) .... ....... .. .... .................. ... .......... .II 2852 .223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) 52.21-603-70 Contracting Officer' s Representative (COR) (JUN 20 12) 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)

52.242.1502 EV ALVA TION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (April 20 11) 52.212-5. Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (12 .30l(b)(4))

List of Attachments Contract Conditions Special Contract Conditions Tailoring Tailoring

Solicitation Provisions 52.209-7 Information Regarding Responsibility Matters (Jan 2011 ) 52.233-2 Service of Protest (Sept 2006)

2852.233 -70 Protests Filed Directly with the Department of Justice (Jan 1998)

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

52.212-3. Offeror Representations and Certifications- Commercial Items (12.301(b)(2))(Nov 2011)

5.2 Subcontracting Certification

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

RFQP02111400011

Section 2 - Commodity or Services Schedule

ITEM NO.

·0006

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

SUPPLIES/SERVICES QUANTITY UNIT

Rental of 30 yard container, in accordance with the Statement of 12.000000 MO Work (SOW), Base Year, December 1, 2014 through November 30, 2015 (estimated maximum)

Disposal of 30Ef;ard container, in accordance with the Statement of 12.000000 EA Work (SOW), ase Year, December 1, 2014 through November 30, 2015 (estimated maximum)

Rental of 30 yard compactor, in accordance with the Statement of 12.000000 MO Work (SOW), Base Year, December 1, 2014 through November 30, 2015 (estimated maximum)

Disposal of 30Ef;ard compactor, in accordance with the Statement o 53.000000 EA Work (SOW), ase Year, December 1, 2014 through November 30, 2015 (estimated maximum)

Rental of 10 yard container, in accordance with the Statement of 12.000000 MO Work (SOW), Base Year, December 1, 2014 through November 30, 2015 (estimated maximum)

Disposal of 1 OEf;ard container, in accordance with the Statement of 157.000000 EA Work (SOW), ase Year, December 1, 2014 through November 30, 2015 (estimated maximum)

Rental of ~ard com/eactor, in accordance with the Statement of 12.000000 MO Work (SO , Base ear, December 1, 2014 through November 30, 2015 (estimated maximum)

Disposal of 6 tfrd compactor, in accordance with the Statement of 106.000000 EA Work (SOW), ase Year, December 1, 2014 through November 30, 2015 (estimated maximum)

Rental of 30 yard container, in accordance with the Statement of 12.000000 MO Work (SOW), Option Year 1, December 1, 2015 through November 30, 2016 (estimated maximum)

Disposal of 30 ~ard container ~n accordance with the Statement of 12.000000 MO Work (SOW), ption Year 1, ecember 1, 2015 through November 30, 2016 (estimated maximum)

Rental of 30 yard com~actor, in accordance with the Statement of 12.000000 MO Work (SOW), Option ear 1, December 1, 2015 through November 30, 2016 (estimated maximum)

Disposal of 30 ~ard container ~n accordance with the Statement of 53.000000 EA Work (SOW), ption Year 1, ecember 1, 2015 through November 30, 2016 (estimated maximum)

Rental of 10 yard container in accordance with the Statement of 12.000000 MO Work (SOW), Option Year , December 1, 2015 through November 30, 2016 (estimated maximum)

Disposal of 1 0 dard container ~n accordance with the Statement of 157.000000 EA Work (SOW), ption Year 1, ecember 1, 2015 through November 30, 2016 (estimated maximum)

Rental of ~ard compactor, in accordance with the Statement of 12.000000 MO Work (SO ), Option Year 1, December 1, 2015 through November 30, 2016 (estimated maximum)

Disposal of 6 yard compactor ~n accordance with the Statement of 106.000000 EA Work (SOW), Option Year 1, ecember 1, 2015 through November 30, 2016 (estimated maximum)

Rental of 30 yard container in accordance with the Statement of 12.000000 MO Work (SOW), Option Year , December 1, 2016 through November 30, 2017 (estimated maximum)

UNIT PRICE

AMOUNT

RFQP02111400011 Page 5 of 28

0018 Disposal of 30 dard container, in accordance with the Statement of 12.000000 EA $ Work (SOW), ption Year 2, December 1, 2016 through November 30, 2017 (estimated maximum)

0019 Rental of 30 yard compactor, in accordance with the Statement of 12.000000 MO $ Work (SOW), Option Year 2, December 1, 2016 through November 30, 2017 (estimated maximum)

0020 Disposal of 30 0ard compactor, in accordance with the Statement o 53.000000 EA $ Work (SOW), ption Year 2, December 1, 2016 through November 30, 2017 (estimated maximum)

0021 Rental of 10 yard container, in accordance with the Statement of 12.000000 MO $ Work (SOW), Option Year 2, December 1, 2016 through November 30, 2017 (estimated maximum))

0022 Disposal of 10 dard container, in accordance with the Statement of 157.000000 EA $ Work (SOW), ption Year 2, December 1, 2016 through November 30 , 2017 (estimated maximum)

0023 Rental of ?Jard compactor, in accordance with the Statement of 12.000000 MO $ Work (SO ), Option Year 2, December 1, 2016 through November 30, 2017 (estimated maximum)

0024 Disposal of 6 yard compactor, in accordance with the Statement of 106.000000 EA $ Work (SOW), Option Year 2, December 1, 2016 through November 30, 2017 (estimated maximum)

0025 Rental of 30 yard container, in accordance with the Statement of 12.000000 MO $ Work (SOW), Option Year 3, December 1, 2017 through November 30, 2018 (estimated maximum)

0026 Disposal of 30 dard container, in accordance with the Statement of 12.000000 EA $ Work (SOW), ption Year 3, December 1, 2017 through November 30, 2018 (estimated maximum)

0027 Rental of 30 yard compactor, in accordance with the Statement of 12.000000 MO $ Work (SOW), Option Year 3, December 1, 2017 through November 30, 2018 (estimated maximum)

0028 Disposal of 30 dard compactor, in accordance with the Statement o 53.000000 EA $ Work (SOW), ption Year 3, December 1, 2017 through November 30, 2018 (estimated maximum)

0029 Rental of 10 yard container, in accordance with the Statement of 12.000000 MO $ Work (SOW), Option Year 3, December 1, 2017 through November 30, 2018 (estimated maximum)

0030 Disposal of 10 0ard container, in accordance with the Statement of 157.000000 EA $ Work (SOW), ption Year 3, December 1, 2017 through November 30 , 2018 (estimated maximum)

0031 Rental of ?Jard compactor, in accordance with the Statement of 12.000000 MO $ Work (SO ), Option Year 3, December 1, 2017 through November 30, 2018 (estimated maximum)

0032 Disposal of 6 yard compactor, in accordance with the Statement of 106.000000 EA $ Work (SOW); Option Year 3, December 1, 2017 through November 30 , 2018 (estimated maximum)

0033 Rental of 30 yard container, in accordance with the Statement of Work (SOW), Option Year 4, December 1, 2018 through November 30, 2019 (estimated maximum)

12.000000 MO $ ~

0034 Disposal of 30 0ard container, in accordance with the Statement of 12.000000 EA $ Work (SOW), ption Year 4, December 1, 2018 through November 30 , 2019 (estimated maximum)

0035 Rental of 30 yard compactor, in accordance with the Statement of Work (SOW), Option Year 4, December 1, 2018 through November

12.000000 MO $ ~

30, 2019 (estimated maximum)

0036 Disposal of 30 0ard compactor, in accordance with the Statement o Work (SOW), ption Year 4, December 1, 2018 through November 30, 2019 (estimated maximum)

53.000000 EA $ ~

0037 Rental of 10 yard container, in accordance with the Statement of 12.000000 MO $ Work (SOW), Option Year 4, December 1, 2018 through November 30, 2019 (estimated maximum)

RFQP02111400011 Page 6 of 28

0038 Disposal of 10 0ard container, in accordance with the Statement of 157.000000 EA $ $ Work (SOW), ption Year 4, December 1, 2018 through November 30, 2019 (estimated maximum)

0039 Rental of ?Jard compactor, in accordance with the Statement of 12.000000 MO $ $ Work (SO ), Option Year 4, December 1, 2018 through November 30, 2019 (estimated maximum)

0040 Disposal of 6 yard compactor, in accordance with the Statement of 106.000000 EA $ $ Work (SOW), Option Year 4, December 1, 2018 through November 30, 2019 (estimated maximum)

0041 Total of Line items 000 I - 00041

1.1 Schedule of Items I Pricing

PRICING METHODOLOGY

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

Services are required to be provided in accordance with the (SOW).

The contract rate for these services shall be on a per month rental (mo) or each disposal (ea) basis. The contract rate shall include all charges for providing these services. The contract pricing shall include all charges to the Government for performing the services required by this solicitation/contract (e.g. , overhead, profit, equipment, disposal, landfill fees).

Any resulting contract shall be an indefinite delivery/requirements contract. The quantity of services to be provided by the Contractor is estimated above. These estimates are not a representation to an offeror or contractor that the estimated quantities will be required or ordered, or that conditions effecting requirements will remain stable or normal. The offerors are required to submit a completed copy of the Schedule of Supplies/Services, located in the table above, inclusive ofthe base year and all option years.

Pursuant to FAR 17 .203(b ), the Government's evaluation shall be inclusive of options. Pw·suant to FAR 17 .203(d), the offeror may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

1.2 Statement of Work

SOLID WASTE REMOVAL SERVICES

The Federal Bureau of Prisons, Field Acquisition Office, Grand Prairie, Texas, intends to award a fum-fixed price requirements contract for the disposal of trash and/or refuse at the Federal Correctional Institution, Otisville, New York. Faith-Based and Community-Based

Organizations have a right to submit quotes equally with other organizations for contracts for which they are eligible.

The base period of performance shall begin on the effective date of award through a 12 month period. Four additional one-year option periods may be exercised in accordance with the terms of the resulting contract.

Services Required:

Main Institution (FCI)

Roll on/off compactor, minimum size 30 cubic yard container shall be water tight and contain hydraulic ram internally. Minimum pickups shall be once a week, Thursdays at 5:00a.m. If Thursday falls on a federal holiday, the pickup shall be on Friday, the following day at 5:00am. A 24 hour notice will be given if an additional pickup is required. All required repairs to the dumpster or controls shall be provided by the contractor within four (4) hours during normal work hours (7:30a.m. to 3:00p.m.) and within six (6) hours on weekends and holidays.

Camp Area

A 30 yard open container to be located outside the perimeter fence at the institution. Pickup will be at the request of the Contracting

Officer or COR, Federal Correctional institution, Otisville, NY. Current estimate of hauls will be once per month.

A I 0 yard rear dump container to be located off the Camp access road. This container shall have a lid closure device to keep pests/vermin out. This container shall be emptied three (3) times per week, Mondays, Wednesdays, and Fridays, or as requested by the Contracting

Officer or COR at the Federal Correctional Institution, Otisville, NY.

Unit J Area

Roll on/off compactor, minimum size six (6) cubic yard container shall be water tight and contain hydraulic ram internally. Minimum pickup shall be twice a week, Mondays and Fridays at 5:00a.m. A 24 hours notice will be given if an additional pickup is required. All required repairs to the dumpster or controls shall be provided by the contractor within four (4) hours during normal work hours (7:30a.m.

to 3:00p.m.) and within six (6) hours on weekends and holidays.

All solid waste shall be disposed of in accordance with Federal EPA, State, and local regulations. All licenses, permits, and fees related to the trash removal is the responsibility of the contractor.

All equipment, hydraulic fluid, including dumpster's/containers and controls are to be supplied by the contractor. A 30 yard open container, a 30 yard compactor, and a six (6) yard compactor shall be provided as rentals . A I 0 yard rear dump container shall be provided at the contractor's expense.

If a spill should occur due to equipment or container failure, it shall be the contractor' s responsibility for all clean up costs. At no time shall FCI Otisville be without a solid waste container/dumpster to place trash and other solid waste, while one is being emptied. Services are required to be provided by the contractor in accordance with the Statement of Work (SOW).

Miscellaneous Information:

In accordance with the Federal Bureau of Prisons Acquisition Policy, Part 37.1 03(e) the following provisions are applicable to the work being performed in this contract. The service is a contractual arrangement and not a personal appointment; payment is based on the provision of an end product or the accomplishment of a specific result; the service does not constitute an employer/employee relationship; and the Contractor will not be subject to Government supervision, except for security related matters . However, contractor's performance shall be closely monitored.

The Contractor is solely responsible for full compliance with all Federal, State, Local and Bureau of Prisons laws, policies, rules and regulations. In the event that two or more of the regulations conflict, the strictest of the regulations shall apply. The Contractor shall be responsible for the provision of all equipment, labor, licenses, maintenance, materials, parts, permits, repairs, tools, etc. needed to carry out the requirements of this. contract.

Offerors shall submit photocopies of their permits with their quote.

Section 3 - Contract Clauses

A.l ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Items (Sep 2013)

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 D auses >Y e erence

52.252-2 CLAUSES IN CORPORA TED BY REFERENCE (FEB I 998)

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): h!ffi ://www.acguisition.gov/far

Clause Title 52.203-3 Gratuities (April 1984) 52.203-12 Limit On Payments To Influence Certain Federal Transactions (Oct 2010) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (May 2011) 52.204-9 Personal Identity Verification of Contract Personnel (Jan 20 II) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) 52.228-5 Insurance - Work on a Government Installation (Jan 1997) 52.232-18 Availability of Funds (Apr 1984) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 20 13) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.242-13 Bankruptcy (July 1995) 52.253-1 Computer Generated Forms (Jan 199 I)

The following clauses are incorporated into this solicitation/contract by full text as follows:

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]

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one rental or disposal, 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-- ( I) Any order for a single item in excess of the estimated quantities identified in the Schedule of Items within the current performance period;

(2) Any order for a combination of items in excess of the estimated quantities identified in the Schedule of

Items within the current performance period; or

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

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition

Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

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

[End of Clause]

52.216-21 Requirements (Oct 1995) . 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.

(a) 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.

(b) 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.

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

(d) 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.

(e) 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]

52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 1989) In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION.

Employee Class Refuse Collector

[End of Clause]

Monetary Wage & Fringe Benefit $25 .70

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)

52.252-6 Authorized Deviations 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 or contract of any Justice Acquisition Regulation ( 48 CFR 28) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005) Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication

20 I (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I. I . Long-Term Contractor Personnel:

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

a) Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form I-9, OMB No. 1615-004 7, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture ID);

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

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

High Risk- Background Investigation (5 year scope) Moderate Risk- Limited Background Investigation (LBI) or Minimum Background Investigation (MBI) Low Risk- National Agency Check with Inquiries (NACI) investigation

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

1) Favorable review of the security questionnaire form ;

2) Favorable fingerprint results ;

3) Favorable credit report, if required;

4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level; and 4 5) Favorable review of the National Agency Check (NAC) 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 oflnvestigation Criminal History Check (i .e., fmgerprint 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 proofmg requirements listed in items I a. and I 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; and

d. Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment.

The commensurate 81 does not need to be initiated.

A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of issuance. This process can only be used once for a short-term contractor in a twelve month period . This will ensure that any consecutive short-term appointments are subject to the full PIV -I identity proofmg 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 defmed as those contractor employees needing access to DOJ information systems and/or DOJ facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For example, the water delivery contractor that delivers water one time each week and is working on a one-year contract.

b. Contractors requiring intermittent access should follow the Department's escort policy. Please reference the August II , 2004, and January 29, 200 I, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted access .

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

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

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

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

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

Notes:

I. FIPS 201 is available at: www.csrc.nist.gov/publications/fips/fips20 I /FIPS-20 l-022505.pdf ~. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-I identity proofing process, including initiation and adjudication of the required background investigation, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase ofHSPD-12 implementation (PIV-Il) requires badge issuance to all affected long-term contractors.

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

4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations to OPM. Per OPM' s instructions, to obtain an Advance NAC Report, a Code" 3" must be placed in .

block" B "of the" Agency Use Only" section of the investigative form . This report is available for all case types.

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

[End of Clause]

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

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

(End of Clause)

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

(a) Fredrick Tucker, Environmental/Safety Compliance Administrator, FCI Otisville, 845-386-6700, is hereby designated as the

Contracting Officer's Representative (COR) under this contract.

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

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

[End of clause]

52.21-603.71 Evaluation of Contractor Performance Utilizing CP ARS (April2011) 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.I5. 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 10" 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.

[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:

I. 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]

DJAR-AGD-04-1 0-006 Department of Justice Order 2640-2F (Nov 2008) Department of Justice (DOJ) Order 2640-2F prohibits the use of non-U.S. citizens in the performance of this contract or commitment for any position that involves access to or assisting in the development, operation, management, or maintenance of any DOJ Information Technology System. By signing this contract or by beginning 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 OMB) 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 notifythe 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]

[END OF ADDENDUM TO FAR 52.212-4]

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (J UN 2014)

(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:

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

_Alternate I (Aug2007) of52.222-50 (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 acquisitions of commercial items:

[Contracting Officer check as appropriate.] XX(I) 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 20 I 0) (Pub. L. II 0-252, Title VI, Chapter I (41 U.S.C. 251 note)).

_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of2009 (June 20 I 0) (Section 1553 of

Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jut 2013) (Pub. L. I 09-282) (31 U.S.C. 610 I note).

_ (5) Reserved _ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (PUB. L. 111-117, section 743 OF Div. C).

_ (7) 52.204-15 , Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 20 14) (PUB. L. 111-117, section 743

OF DIY. C).

XX (8) 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).

XX(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jut 20 13) (41 U.S.C. 2313).

_ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 ofDivision C ofPub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. II 0-161 ).

_ (II) 52.219-3, Notice of HUB Zone Set-Aside or Sole-Source Award (Nov 20 II) (15 U.S.C. 657a).

_ (12) 52.2 19-4, Notice ofPrice Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (ifthe offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

_ (13) [Reserved] XX(14)(i) 52.219-6, Notice ofTotal Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

_ (ii) Alternate I (Nov 2011).

_ (iii) Alternate II (Nov 2011).

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

_ (ii) Alternate I (Oct 1995) of52.219-7.

_ (iii) Alternate II (Mar 2004) of 52 .219-7.

XX(I6) 52.219-8, Utilization of Small Business Concerns (Jul2013) (15 U.S.C. 637(d)(2) and (3)).

XX( 17)(i) 52.2 I 9-9, Small Business Subcontracting Plan (Jul 20 13) (15 U.S.C. 637(d)(4)).

_ (ii) Alternate I (Oct 2001) of52.219-9.

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

_ (iv) Alternate III (Jul2010) of52.219-9.

_ (18) 52.219-13 , Notice of Set-Aside of Orders (Nov 2011 )(15 U.S.C. 644(r)).

XX (19) 52.219-14, Limitations on Subcontracting (Nov 20 II) (15 U.S.C. 637(a)(14)).

_ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

_ (21 )(i) 52.219-23 , Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (I 0 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

_ (ii) Alternate I (June 2003) of52.219-23.

_ (22) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Jul2013) (Pub. L. 103- 355, section 7102, and 10 U.S.C. 2323).

_ (23) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. I 03-355 , section 7102, and 10 U.S.C. 2323).

_ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 t).

XX(25) 52.219-28, Post Award Small Business Program Representation (Jul2013) (15 U.S.C. 632(a)(2)).

_ (26) 52.219-29 Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013). (15 U.S.C. 637(m))

_ (27) 52.219-30 Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the Women-Owned Small Business Program (Jul2013) (15 U.S.C. 637 (m)).

XX (28) 52.222-3 , Convict Labor (June 2003) (E.O. 11755).

_ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 20 14) (E.O. 13126).

XX(30) 52.222-21, Prohibition…

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