RFQP02121600010.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

RFQP02121600010

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

02/05/2016

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME

Jim Seratt jseratt@bop.gov

b. TELEPHONE NUMBER (No collect calls)

972-352-4558

8. OFFER DUE DATE / LOCAL

TIME

02/23/2016

CODE BFAO

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

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 562111

SIZE STANDARD: $38,500,000

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

BRBKCODE15. DELIVER TO

Federal Bureau of Prisons FCI Ray Brook 128 Ray Brook Road

RAYBROOK, NY 12977-0300

CODE BRBK16. ADMINISTERED BY

Federal Bureau of Prisons FCI Ray Brook 128 Ray Brook Road

RAYBROOK, NY 12977-0300

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

BRBKCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCI Ray Brook

PO BOX 300

RAYBROOK, NY 12977-0300

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

Provision of solid waste and recyclable removal services to be performed in accordance with the Statement of Work.

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

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

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

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

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

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

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

Jim Seratt

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

0005-16

2:00 p.m. CT

RFQP02121600010

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Year: Estimated maximum.

Rental of two (2) 34-40 cubic yard self-contained roll on/off compactors.

12.000000 MO $____________ $___________________

0002 Base Year: Estimated maximum.

Rental of one (1) 30 cubic yard open top container for construction and demolition materials.

12.000000 MO $____________ $___________________

0003 Base Year: Estimated maximum.

Rental of one (1) 30 cubic yard open top container for recycling of scrap metal.

12.000000 MO $____________ $___________________

0004 Base Year: Estimated maximum.

Pull charge for self contained roll on/off compactor for solid waste.

52.000000 EA $____________ $___________________

0005 Base Year: Estimated maximum.

Pull charge for self contained roll on/off compactor for recyclables.

12.000000 EA $____________ $___________________

0006 Base Year: Estimated maximum.

Pull charge for 30 cubic yard container for construction and demolition materials.

12.000000 EA $____________ $___________________

0007 Base Year: Estimated maximum.

Pull charge for 30 cubic yard container for recycling of scrap metals.

12.000000 EA $____________ $___________________

0008 Base Year: Estimated maximum.

Rental, haul charge, and landfill tipping fee for one (1) 10 cubic yard open top container for solid waste produced outside of perimeter fence.

24.000000 EA $____________ $___________________

0009 Base Year: Estimated maximum.

Landfill tipping fees for self contained roll on/off compactor for solid waste.

462.000000 TN $____________ $___________________

0010 Base Year: Estimated maximum.

Landfill tipping fees for open top container for construction and demolition materials.

47.000000 TN $____________ $___________________

0011 Option Year 1: Estimated maximum.

Rental of two (2) 34-40 cubic yard self-contained roll on/off compactors.

12.000000 MO $____________ $___________________

0012 Option Year 1: Estimated maximum.

Rental of one (1) 30 cubic yard open top container for construction and demolition materials.

12.000000 MO $____________ $___________________

0013 Option Year 1: Estimated maximum.

Rental of one (1) 30 cubic yard open top container for recycling of scrap metal.

12.000000 MO $____________ $___________________

0014 Option Year 1: Estimated maximum.

Pull charge for self contained roll on/off compactor for solid waste.

52.000000 EA $____________ $___________________

0015 Option Year 1: Estimated maximum.

Pull charge for self contained roll on/off compactor for recyclables.

12.000000 EA $____________ $___________________

0016 Option Year 1: Estimated maximum.

Pull charge for 30 cubic yard container for construction and demolition materials.

12.000000 EA $____________ $___________________

0017 Option Year 1: Estimated maximum.

Pull charge for 30 cubic yard container for recycling of scrap metals.

12.000000 EA $____________ $___________________

0018 Option Year 1: Estimated maximum.

Rental, haul charge, and landfill tipping fee for one (1) 10 cubic

24.000000 EA $____________ $___________________

yard open top container for solid waste produced outside of perimeter fence.

0019 Option Year 1: Estimated maximum.

Landfill tipping fees for self contained roll on/off compactor for solid waste.

462.000000 TN $____________ $___________________

0020 Option Year 1: Estimated maximum.

Landfill tipping fees for open top container for construction and demolition materials.

47.000000 TN $____________ $___________________

0021 Option Year 2: Estimated maximum.

Rental of two (2) 34-40 cubic yard self-contained roll on/off compactors.

12.000000 MO $____________ $___________________

0022 Option Year 2: Estimated maximum.

Rental of one (1) 30 cubic yard open top container for construction and demolition materials.

12.000000 MO $____________ $___________________

0023 Option Year 2: Estimated maximum.

Rental of one (1) 30 cubic yard open top container for recycling of scrap metal.

12.000000 MO $____________ $___________________

0024 Option Year 2: Estimated maximum.

Pull charge for self contained roll on/off compactor for solid waste.

52.000000 EA $____________ $___________________

0025 Option Year 2: Estimated maximum.

Pull charge for self contained roll on/off compactor for recyclables.

12.000000 EA $____________ $___________________

0026 Option Year 2: Estimated maximum.

Pull charge for 30 cubic yard container for construction and demolition materials.

12.000000 EA $____________ $___________________

0027 Option Year 2: Estimated maximum.

Pull charge for 30 cubic yard container for recycling of scrap metals.

12.000000 EA $____________ $___________________

0028 Option Year 2: Estimated maximum.

Rental, haul charge, and landfill tipping fee for one (1) 10 cubic yard open top container for solid waste produced outside of perimeter fence.

24.000000 EA $____________ $___________________

0029 Option Year 2: Estimated maximum.

Landfill tipping fees for self contained roll on/off compactor for solid waste.

462.000000 TN $____________ $___________________

0030 Option Year 2: Estimated maximum.

Landfill tipping fees for open top container for construction and demolition materials.

47.000000 TN $____________ $___________________

0031 Option Year 3: Estimated maximum.

Rental of two (2) 34-40 cubic yard self-contained roll on/off compactors.

12.000000 MO $____________ $___________________

0032 Option Year 3: Estimated maximum.

Rental of one (1) 30 cubic yard open top container for construction and demolition materials.

12.000000 MO $____________ $___________________

0033 Option Year 3: Estimated maximum.

Rental of one (1) 30 cubic yard open top container for recycling of scrap metal.

12.000000 MO $____________ $___________________

0034 Option Year 3: Estimated maximum.

Pull charge for self contained roll on/off compactor for solid waste.

52.000000 EA $____________ $___________________

0035 Option Year 3: Estimated maximum.

Pull charge for self contained roll on/off compactor for recyclables.

12.000000 EA $____________ $___________________

0036 Option Year 3: Estimated maximum.

Pull charge for 30 cubic yard container for construction and demolition materials.

12.000000 EA $____________ $___________________

0037 Option Year 3: Estimated maximum.

Pull charge for 30 cubic yard container for recycling of scrap metals.

12.000000 EA $____________ $___________________

0038 Option Year 3: Estimated maximum.

Rental, haul charge, and landfill tipping fee for one (1) 10 cubic yard open top container for solid waste produced outside of perimeter fence.

24.000000 EA $____________ $___________________

0039 Option Year 3: Estimated maximum.

Landfill tipping fees for self contained roll on/off compactor for solid waste.

462.000000 TN $____________ $___________________

0040 Option Year 3: Estimated maximum.

Landfill tipping fees for open top container for construction and demolition materials.

47.000000 TN $____________ $___________________

0041 Option Year 4: Estimated maximum.

Rental of two (2) 34-40 cubic yard self-contained roll on/off compactors.

12.000000 MO $____________ $___________________

0042 Option Year 4: Estimated maximum.

Rental of one (1) 30 cubic yard open top container for construction and demolition materials.

12.000000 MO $____________ $___________________

0043 Option Year 4: Estimated maximum.

Rental of one (1) 30 cubic yard open top container for recycling of scrap metal.

12.000000 MO $____________ $___________________

0044 Option Year 4: Estimated maximum.

Pull charge for self contained roll on/off compactor for solid waste.

52.000000 EA $____________ $___________________

0045 Option Year 4: Estimated maximum.

Pull charge for self contained roll on/off compactor for recyclables.

12.000000 EA $____________ $___________________

0046 Option Year 4: Estimated maximum.

Pull charge for 30 cubic yard container for construction and demolition materials.

12.000000 EA $____________ $___________________

0047 Option Year 4: Estimated maximum.

Pull charge for 30 cubic yard container for recycling of scrap metals.

12.000000 EA $____________ $___________________

0048 Option Year 4: Estimated maximum.

Rental, haul charge, and landfill tipping fee for one (1) 10 cubic yard open top container for solid waste produced outside of perimeter fence.

24.000000 EA $____________ $___________________

0049 Option Year 4: Estimated maximum.

Landfill tipping fees for self contained roll on/off compactor for solid waste.

462.000000 TN $____________ $___________________

0050 Option Year 4: Estimated maximum.

Landfill tipping fees for open top container for construction and demolition materials.

47.000000 TN $____________ $___________________

2.1 Pricing Methodology

Quoters are required to submit, as part of their quote, a completed copy of Section 2, “Commodity or Service Schedule.” The quantity of services to be provided by the Contractor is estimated. These estimates are not a representation to a quoter or contractor that the estimated quantities will be required or ordered, or that conditions affecting requirements will remain stable or normal. Contract pricing shall include all charges to the Government for providing the services required by this solicitation/contract.

Pursuant to FAR 17.203(b), the Government’s evaluation shall be inclusive of options. Pursuant to FAR 17.203(d), the quoters may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

The rates applicable for the FAR 52.217-8 option, if utilized, shall be those rates effective in the preceding performance period.

FAR 52.217-8 is an option to extend services of any performance period; therefore, the Government’s evaluation of proposed pricing is inclusive of the base and all options as related to FAR 52.217-8 and FAR 52.217-9. Should the Government elect to exercise the extension authorized by FAR 52.217-8, the total contract price will increase.

Quoters are encouraged to submit multiple quotes presenting alternative terms and conditions for satisfying the Government’s requirement. Each offer will be evaluated separately.

2.2 Statement of Work

Introduction:

The Bureau of Prisons (BOP), Federal Correctional Institution, located in Ray Brook, New York, requires solid waste/recyclables removal services as outlined in this Statement of Work.

Equipment:

The contractor shall provide all equipment, labor, and expertise required, and shall install all equipment at its own expense to fulfill the requirements of this Statement of Work. The following equipment and related supplies must be provided:

1. Two (2) new /like new self-contained roll on/off compactor, with a size of 34-40 cubic yards. These compactors shall be water tight and contain hydraulic ram internally. These compactors shall be located inside the secure perimeter of the institution by the Recycling Center. One compactor shall be used for solid waste collection and one compactor shall be used for recyclables collection.

Self-Contained Compactor Specifications

• 34-40 cubic yard container

• Power unit mounted outside FCI Recycling Building (adjacent to present compactor site)

• Weather-proof key operated start/stop

• Complete hopper enclosure; 3 sides, top and door with hasp lock device and door limit switch

• Hydraulic oil heater with thermostat

• Container guide island

• Compactor rating NSWMA 1.06 - 1.52

• Compactor cycle time: 30-33 seconds

• Ram penetration: 6-10'

• Packing pressure: normal 39,000 - 41,000 lbs, maximum 44,000 - 49,000 lbs

• Electrical: motor 10 HP, 480 v, 3 phase, 60 cycle - control voltage 110 v, single phase

(Contract Line Item Number (CLIN) 1, as referenced in Section 2, Schedule of Supplies and Services)

2. One (1) 30 cubic yard open container. This container will be solely used for the collection and removal of all construction and demolition debris. This container shall be located at FCI Ray Brook outside the secure perimeter of the institution behind the Unicor Warehouse.

(CLIN 2, as referenced in Section 2, Schedule of Supplies and Services)

3. One (1) 30 cubic yard open container. This container will be solely used for the collection and removal of all scrap metals produced by FCI Raybrook. This container shall be located outside the secure perimeter of the institution behind the Unicor Warehouse. The contractor shall be responsible for recycling all scrap metal collected and crediting FCI Raybrook’s account for the profits received.

The contractor shall provide the COR with itemized receipts for all scrap metal collections and recycling.

(CLIN 3, as referenced in Section 2, Schedule of Supplies and Services)

The contractor shall ensure that all solid waste/recyclables are disposed of in accordance with all federal, state, county and local laws and/or regulations.

All licenses, permits, and fees related to the solid waste/recyclables removal shall be the responsibility of the contractor.

All equipment, supplies, dumpster containers and controls shall be supplied by the contractor.

The contractor shall provide the Contracting Officer’s Representative (COR) with a detailed list of what can and cannot be placed in the construction and demolition dumpster. The contractor will provide FCI Ray Brook with updates of this list if there are any changes and will allow a minimum of 30 days for the institution to find a new place to dispose of items deleted from the list.

All compaction units and receiving containers are to be cleaned and/or returned clean by the contractor after each empty. In the event the waste is frozen and/or stuck in the receiving units, the contractor is responsible for emptying the unit or providing an identical unit at no additional cost to the institution.

The contractor shall be responsible for all spills and related clean-up costs, when spill occurs as a result of equipment or container failure. The contractor shall ensure dumpster container location is clean prior to removing container from area.

The contractor shall provide copies of all receipts related to the disposal of the solid waste/recyclables. The receipts must include the weight of the solid waste/recyclables dumped, for all containers /compactors. The receipts shall be addressed to the COR at FCI Ray Brook and shall be sent at a minimum of once per calendar month. The COR shall receive the receipt no later than the fifth working day of the following month.

All electrically operated equipment furnished hereunder shall be equipped so as to provide thermal overload protection. In addition, all machines furnished hereunder shall be equipped with all necessary safety devices which shall be maintained in operating condition at all times and shall be listed by Underwriter's Laboratories. All equipment must be identified with a control number. Also, equipment must be constructed or installed so as to prevent seepage and accumulation of debris underneath.

Performance Schedule:

The term “pull” is defined in this document as the service of removing compactors and containers.

The solid waste/recyclables removal pulls shall normally be scheduled as follows:

1. 34-40 cubic yard self-contained compactor for solid waste: The estimated number of pulls is once per week (52 pulls per year).

The pull time shall be between the hours of 7:15 - 8:00 a.m. on Wednesday morning. Depending on the quantity of solid waste, this may be altered up or down to meet the needs of the institution.

(CLIN 4, as referenced in Section 2, Schedule of Supplies and Services)

2. 34-40 cubic yard self-contained compactor for recyclables: The estimated number of pulls is once per month (12 pulls per year).

The pull time shall be between the hours of 7:15 - 8:00 a.m. The pick-up day will be mutually agreed upon between the contracting officer and the contractor. Depending on the quantity of recyclables, this may be altered up or down to meet the needs of the institution.

(CLIN 5, as referenced in Section 2, Schedule of Supplies and Services)

3. 30 cubic yard open container for construction and demolition materials: The estimated number of pulls is once per month (12 pulls per year). The pick-up date and time will be mutually agreed upon between the contracting officer and the contractor. Depending on the quantity of refuse this may be altered up or down to meet the needs of the institution.

(CLIN 6, as referenced in Section 2, Schedule of Supplies and Services)

4. 30 cubic yard open container for scrap metal: The estimated number of pulls is once per month (12 pulls per year). The pick-up date and time will be mutually agreed upon between the contracting officer and the contractor. Depending on the quantity of refuse this may be altered up or down to meet the needs of the institution.

(CLIN 7, as referenced in Section 2, Schedule of Supplies and Services)

5. 10 cubic yard container for solid waste collected outside the perimeter of FCI Raybrook. The estimated number of pulls is twice per month (24 pulls per year). This container will be located behind the Unicor Warehouse. The pull time shall be Thursday between the hours of 8:00 a.m. - 3:00 p.m. Depending on the quantity of solid waste, this may be altered up or down to meet the needs of the institution. Quoters are instructed to quote a price inclusive of container rental, pull, and landfill tipping costs.

(CLIN 8, as referenced in Section 2, Schedule of Supplies and Services).

The above schedule is subject to change based on the needs of FCI Ray Brook. A notice of 24 hours will be given if additional pulls are required. The only individuals authorized to schedule additional pulls or change pick-up date or times is the Institution Contracting Officer, COR and/or Cost Center Manager. Any additional pulls will be billed at the rate applicable to the performance period identified in the contract.

If a scheduled pull occurs on a federal holiday, the pull shall be made the first business day following the regularly scheduled time unless otherwise agreed to between the COR and the contractor.

At no time shall FCI Raybrook be without solid waste/recyclable containers specified in this statement of work. The contractor shall exchange an empty/functional unit for a full/broken during scheduled pulls or for repairs to ensure that equipment to be available at all times to FCI Ray Brook.

Landfill Tipping Fees:

1. The estimated yearly amount of waste to be removed, other than for construction and demolition waste, is 462 tons per year.

(CLIN 9, as referenced in Section 2, Schedule of Supplies and Services).

2. The estimated yearly amount of construction and demolition waste to be removed is 47 tons per year.

(CLIN 10, as referenced in Section 2, Schedule of Supplies and Services).

The Government is aware that the potential contractors have no control over landfill rates. Quoters are instructed to provide the current rate for each landfill identified for the base year and each option period. The contractor awarded will invoice FCI Raybrook at the landfill rates in effect during the applicable performance period.

Maintenance:

All required repairs to solid waste/recyclables removal equipment shall be the responsibility of the contractor.

Response time for repairs shall be as follows:

-Monday through Friday: Respond within 4 hours of notification by the Contracting Officer or COR. FCI Ray Brook work hours are Monday through Friday, 7:30 am to 3:00 pm.

-Weekends and Holidays: Respond within 6 hours of notification by Contracting Officer or COR.

Title to Equipment:

Title to the solid waste/recyclables removal equipment and equipment components shall remain with the contractor.

In the event of the termination or cancellation of this contract as herein provided, the contractor shall promptly remove all of its property at its own expense. Upon the contractor's failure to do so, the Bureau of Prisons may remove and store all property related to this requirement and charge the contractor for any expenses incurred for such removal and storage.

All equipment and components of equipment are the sole property of the contractor, and no supplemental agreement or relationship between the Government and the contractor shall give the Government any proprietary interest in such components thereof.

Risk of Loss:

The contractor assumes the full risk of and responsibility for any loss, destruction or damage occurring to the trash/refuse removal equipment, components or containers, except such loss or damage as may be attributable to FCI Ray Brook by reason of the negligence of its employees while acting within the scope of their employment.

Space Rental and Utilities:

The contractor shall not be required to pay rental for the space occupied hereunder when in use on the premises of FCI Ray Brook.

The contractor shall not be required to pay the cost of any utilities which may be found necessary for the use or operation of any trash/refuse removal equipment furnished hereunder.

Institution Security:

The contractor and its employees shall be required to meet and adhere to all regulations prescribed by the BOP for the safety, custody and conduct of inmates. Security checks will be initiated each and every time the contractor employees must enter the secure perimeter of FCI Ray Brook. This requires approximately 30 minutes, but could take longer. The Government reserves the right for security reasons to prohibit certain vendor employees from entering the institution. Employees of the contractor will be required to attend a four hour orientation program prior to performing contractual duties within the institution.

In addition to the above procedures, contractor employees must agree to undergo a urinalysis test (for the detection of marijuana and other drug usage). If a test result is positive, the individual(s) shall be excluded and the contractor shall provide acceptable replacement personnel subject to the same security requirements. Before a quote can be considered for award, the contractor must agree to submit to the all the above security requirements.

Section 3 – Contract Clauses

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

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

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (Feb 1998)

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

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

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

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

Clauses by Full Text

52.216-18 Ordering (Oct 1995)

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

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

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

(End of Clause)

52.216-19 Order Limitations (Oct 1995)

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

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

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

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

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

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

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

52.216-21 Requirements (Oct 1995)

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

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

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

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

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

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

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

These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor prior to expiration of the current performance period.

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, but excluding the exercise of any option under the clause at 52.217-8, Option to Extend Services which is incorporated into this contract, shall not exceed 5 years.

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

1. Long-Term Contractor Personnel:

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

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

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

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

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

High Risk - Background Investigation (5 year scope)

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

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

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

1) Favorable review of the security questionnaire form;

2) Favorable fingerprint results;

3) Favorable credit report, if required;3

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

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

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

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

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

2. Short-Term Contractor Personnel:

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

a. Favorable review of the security questionnaire form;

b. Favorable fingerprint results;

c. Favorable credit report, if required;5 and

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

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

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

3. Intermittent Contractors:

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

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

b. Contractors requiring intermittent access should follow the Department's escort policy. Please reference the August 11, 2004, and

January 29, 2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted access.

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

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

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

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

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

Notes:

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

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

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

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

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

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

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

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

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

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

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

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

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

• Integrate pandemic health crisis response expectations into telework agreements.

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

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

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

• Practice telework regularly to ensure effectiveness.

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

• Identify how time and attendance will be maintained.

It is the contractor’s responsibility to advise the Government Contracting Officer if they anticipate not being able to perform and to work with the Bureau of Prisons (BOP) to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her absence, the Contracting Officer’s Technical Representative, via telephone or e-mail messages acknowledging the contractor’s notification. The incumbent contractor is responsible for assisting the BOP in estimating the adverse impacts of nonperformance and to work diligently with the BOP to develop a strategy for maintaining continuity of operations.

The BOP does reserve the right in such emergency situations to use Federal employees, employees of other agencies, contracting support from other existing contractors, or to enter into new contracts for critical support services. Any new contracting efforts would be acquired following the guidance in the Office of Federal Policy issuance “Emergency Acquisitions”, dated May 2007 and Subpart 18.2, Emergency Acquisition Flexibilities, of the Federal Acquisition Regulations.

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

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

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

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

(d) If during the performance of the work under this contract, the contractor or any of its employees, or subcontractor employees, discovers the existence of an unsafe condition, the contractor shall immediately notify the contracting officer, or designee, (with written notice provided not later than three (3) working days thereafter) of the existence of an unsafe condition. Such notice shall include the contractor's recommendations for the protection and the safety of Government, contractor and subcontractor personnel and property that may be exposed to the unsafe condition.

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

(f) Nothing contained in this clause shall relieve the contractor or subcontractors from complying with applicable Federal, State, and local laws, codes, ordinances and regulations (including the obtaining of licenses and permits) in connection with hazardous material including but not limited to the use, disturbance, or disposal of such material.

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

(a) Philip Hamel, (518) 897-4155 or phamel@bop.gov, is hereby designated as the Contracting Officer's Representative (COR) under this contract.

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

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

52.242.1502 Evaluation of Contractor Performance Utilizing CPARS (Apr 2011)

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

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

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

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

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

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

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

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

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

DJAR-PGD-15-02-Attachment 2A Corporate Representation Regarding Felony Conviction Under Any Federal Law or

Unpaid Delinquent Tax Liability – Award (DEVIATION 2015-02)(March 2015)

(a) None of the funds made available by the Department’s current Appropriations Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with corporation –

1. Convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or

2. That has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liablity, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or document of the corporation and made a determination that this further action is not necessary to protect the interests of the

Government.

(b) By accepting this award or order, in writing or by performance, the offeror/contractor represents that-

1. The offeror is not a corporation convicted of a felony criminal violation under any Federal or State law within the preceding 24 months; and,

2. The offeror is not a corporation that has any unpaid Federal or State tax liability that has…