RFQP02161700020.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

RFQP02161700020

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

06/16/2017

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME

Jim D. Seratt; jseratt@bop.gov

b. TELEPHONE NUMBER (No collect calls)

972-352-4558

8. OFFER DUE DATE / LOCAL

TIME

07/14/2017 1:00 pm CT

CODE BFAO

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

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

X 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

BELKCODE15. DELIVER TO

Federal Bureau of Prisons FCI Elkton 8730 Scroggs Road Lisbon, OH 44432

CODE BELK16. ADMINISTERED BY

Federal Bureau of Prisons FCI Elkton 8730 Scroggs Road Lisbon, OH 44432

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

BELKCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCI Elkton

PO BOX 129

Lisbon, OH 44432

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

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Solid Waste Removal Services to be performed in accordance with the Statement of Work.

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

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

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

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

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

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

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

Jim Seratt

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

DUNS:

0437-17

RFQP02161700020 Page 1 of 36

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Year:

Monthly charge for the rental of four (4) 32 cubic yard compactors.

Estimated maximum.

12.000000 MO $____________ $___________________

0002 Base Year:

Pull charges and disposal fees for compactor at FCI (3 times per week) Estimated maximum.

156.000000 EA $____________ $___________________

0003 Base Year:

Pull charges and disposal fees for compactor at FCI (Will call on as needed basis. These pulls would be in addition to the schedule pulls.)

Estimated maximum.

12.000000 EA $____________ $___________________

0004 Base Year:

Pull charges and disposal fees for compactor at FSL (1 time per week) Estimated maximum.

52.000000 EA $____________ $___________________

0005 Base Year:

Pull charges and disposal fees for compactor at FSL (Will call on as needed basis. These pulls would be in addition to the schedule pulls.)

Estimated maximum.

4.000000 EA $____________ $___________________

0006 Base Year:

Pull charges and disposal fees for compactor at Outside Facilities Area (Will call on as needed basis. Estimated 1 time per month) Estimated maximum.

12.000000 EA $____________ $___________________

0007 Base Year:

Trip charges for contractor's inability to make scheduled pulls due to unforeseen circumstances caused by Bureau of Prisons.

Estimated maximum.

1.000000 EA $____________ $___________________

0008 Option Year 1:

Monthly charge for the rental of four (4) 32 cubic yard compactors.

Estimated maximum.

12.000000 MO $____________ $___________________

0009 Option Year 1:

Pull charges and disposal fees for compactor at FCI (3 times per week) Estimated maximum.

156.000000 EA $____________ $___________________

0010 Option Year 1:

Pull charges and disposal fees for compactor at FCI (Will call on as needed basis. These pulls would be in addition to the schedule pulls.)

Estimated maximum.

12.000000 EA $____________ $___________________

0011 Option Year 1:

Pull charges and disposal fees for compactor at FSL (1 time per week) Estimated maximum.

52.000000 EA $____________ $___________________

0012 Option Year 1:

Pull charges and disposal fees for compactor at FSL (Will call on as needed basis. These pulls would be in addition to the schedule pulls.)

Estimated maximum.

4.000000 EA $____________ $___________________

0013 Option Year 1:

Pull charges and disposal fees for compactor at Outside Facilities Area (Will call on as needed basis. Estimated 1 time per month) Estimated maximum.

12.000000 EA $____________ $___________________

0014 Option Year 1:

Trip charges for contractor's inability to make scheduled pulls due to unforeseen circumstances caused by Bureau of Prisons.

Estimated maximum.

1.000000 EA $____________ $___________________

RFQP02161700020 Page 2 of 36

0015 Option Year 2:

Monthly charge for the rental of four (4) 32 cubic yard compactors.

Estimated maximum.

12.000000 MO $____________ $___________________

0016 Option Year 2:

Pull charges and disposal fees for compactor at FCI (3 times per week) Estimated maximum.

156.000000 EA $____________ $___________________

0017 Option Year 2:

Pull charges and disposal fees for compactor at FCI (Will call on as needed basis. These pulls would be in addition to the schedule pulls.)

Estimated maximum.

12.000000 EA $____________ $___________________

0018 Option Year 2:

Pull charges and disposal fees for compactor at FSL (1 time per week) Estimated maximum.

52.000000 EA $____________ $___________________

0019 Option Year 2:

Pull charges and disposal fees for compactor at FSL (Will call on as needed basis. These pulls would be in addition to the schedule pulls.)

Estimated maximum.

4.000000 EA $____________ $___________________

0020 Option Year 2:

Pull charges and disposal fees for compactor at Outside Facilities Area (Will call on as needed basis. Estimated 1 time per month) Estimated maximum.

12.000000 EA $____________ $___________________

0021 Option Year 2:

Trip charges for contractor's inability to make scheduled pulls due to unforeseen circumstances caused by Bureau of Prisons.

Estimated maximum.

1.000000 EA $____________ $___________________

0022 Option Year 3:

Monthly charge for the rental of four (4) 32 cubic yard compactors.

Estimated maximum.

12.000000 MO $____________ $___________________

0023 Option Year 3:

Pull charges and disposal fees for compactor at FCI (3 times per week) Estimated maximum.

156.000000 EA $____________ $___________________

0024 Option Year 3:

Pull charges and disposal fees for compactor at FCI (Will call on as needed basis. These pulls would be in addition to the schedule pulls.)

Estimated maximum.

12.000000 EA $____________ $___________________

0025 Option Year 3:

Pull charges and disposal fees for compactor at FSL (1 time per week) Estimated maximum.

52.000000 EA $____________ $___________________

0026 Option Year 3:

Pull charges and disposal fees for compactor at FSL (Will call on as needed basis. These pulls would be in addition to the schedule pulls.)

Estimated maximum.

4.000000 EA $____________ $___________________

0027 Option Year 3:

Pull charges and disposal fees for compactor at Outside Facilities Area (Will call on as needed basis. Estimated 1 time per month) Estimated maximum.

12.000000 EA $____________ $___________________

0028 Option Year 3:

Trip charges for contractor's inability to make scheduled pulls due to unforeseen circumstances caused by Bureau of Prisons.

Estimated maximum.

1.000000 EA $____________ $___________________

0029 Option Year 4:

Monthly charge for the rental of four (4) 32 cubic yard compactors.

Estimated maximum.

12.000000 MO $____________ $___________________

0030 Option Year 4:

Pull charges and disposal fees for compactor at FCI (3 times per week) Estimated maximum.

156.000000 EA $____________ $___________________

RFQP02161700020 Page 3 of 36

0031 Option Year 4:

Pull charges and disposal fees for compactor at FCI (Will call on as needed basis. These pulls would be in addition to the schedule pulls.)

Estimated maximum.

12.000000 EA $____________ $___________________

0032 Option Year 4:

Pull charges and disposal fees for compactor at FSL (1 time per week) Estimated maximum.

52.000000 EA $____________ $___________________

0033 Option Year 4:

Pull charges and disposal fees for compactor at FSL (Will call on as needed basis. These pulls would be in addition to the schedule pulls.)

Estimated maximum.

4.000000 EA $____________ $___________________

0034 Option Year 4:

Pull charges and disposal fees for compactor at Outside Facilities Area (Will call on as needed basis. Estimated 1 time per month) Estimated maximum.

12.000000 EA $____________ $___________________

0035 Option Year 4:

Trip charges for contractor's inability to make scheduled pulls due to unforeseen circumstances caused by Bureau of Prisons.

Estimated maximum.

1.000000 EA $____________ $___________________

RFQP02161700020 Page 4 of 36

2.1 Pricing Methodology

Quoters are required to submit, as part of their quote, a completed copy of Section 2, “Commodity or Services Schedule.” The pricing provided shall include all costs associated with providing the services outlined in the Statement of Work. 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.

Pursuant to FAR 52.212-1(e), quoters may submit multiple quotes presenting alternative terms and conditions, including alternative line items to satisfy the requirement. Each quote will be evaluated separately.

2.2 Statement of Work

Introduction:

The Federal Bureau of Prisons, Field Acquisition Office in Grand Prairie, Texas, intends to make a single award for the provision of Solid Waste Removal for the Federal Correction Institution (FCI) and the Federal Satellite Low (FSL) located in Elkton, Ohio.

Place of Performance:

FCI/FSL Elkton 8730 Scroggs Road Elkton, Ohio 44415

Description of Services The contractor shall provide four (4) 32 cubic yard self-contained trash compactors. One compactor shall be placed at the Federal Correctional Institution (FCI). The contractor shall pull this compactor an estimated 156 times per year (3 times per week). The second compactor shall be placed at the Federal Satellite Low (FSL). The contractor shall pull this compactor an estimated 52 times per year (1 time per week). The third compactor shall be placed at the Outside Facilities Area. This contractor shall pull this compactor 12 times per year (1 time per month.) The fourth compactor will be the revolving compactor and shall be stored onsite at the directions of the Contracting Officer’s Representative (COR). When one of the other three compactors is removed from the grounds, the revolving compactor will be put in its place.

The compactors must be watertight and contain a hydraulic ram internally. The containers shall be serviceable to the requirements of the correctional environment. The containers must be suitable for cold weather operations and must be leak proof and suitable for wet garbage. The contractor will supply all equipment, supplies, hydraulic fluid, compactor containers and controls. All electrically operated equipment furnished hereunder must be equipped so as to provide thermal overload protection. In addition, all machines furnished hereunder must be equipped with all necessary safety devices which must be maintained in operating condition at all times and must 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.

The Contractor shall provide services that include; transportation, collection, labor, and equipment necessary for the removal and disposal of solid waste, trash, refuse and debris from FCI/FSL Elkton to a disposal site (landfill) approved by the State of Ohio, which is in full compliance with all Federal, State and local guidelines, codes and laws. The Contractor shall be responsible for all trash, garbage and debris spilled from any container during the pulling and hauling process. All material in the containers becomes the property of the Contractor upon removal from Federal property and is the responsibility of the Contractor to dispose of the material in a lawful and proper manner. All equipment shall remain the property and responsibility of the contractor.

Schedule:

The following will be the schedule for compactor pulls:

Compactor at FCI: Tuesday, Thursday, and Saturday at 5:00 a.m.

Compactor at FSL: Thursday at 5:00 a.m.

Outside Facilities compactor: Shall be pulled on a “will call” basis.

RFQP02161700020 Page 5 of 36

The compactors at the FCI and FSL are sealed inside the institution and remain in place for three institutional counts. At 5:00 a.m., the contractor will enter the secure perimeter and remove the compactor. The seals will be removed at that time.

The contractor shall arrive to the institution at least one half hour before pickup time on the compactors located within the secured perimeter.

The above schedule is subject to change based on the needs of FCI/FSL Elkton. If a scheduled pickup falls on a Federal Holiday, the pickup must be made the first business day following the regularly scheduled day and time.

If the containers or compactors become full prior to the scheduled pickup day, the Contractor will be notified by the COR or the Contracting Officer (CO) when special pickups are required. Special pickups will be on a “will call” basis. Special pickups could be any day of the week, Monday through Friday. The time frame for special pickups shall be made in agreement with the “will call” instructions of the COR/CO or within twenty-four (24) hours of the “will call”.

At any time that the contractor is unable to pull the compactors as scheduled due to unforeseen circumstances caused by the Bureau of Prisons, the contractor will be compensated at the rate specified in the contract.

Risk of Loss:

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

Invoicing:

The contractor will provide copies of all receipts related to the trash disposal. Receipts must include weight of the trash dumped and must be sent to the COR no later than the fifth working day of the following month after service.

The contract will be monitored each time service is provided primarily by the COR. The Contractor shall be liable for any damage to Government property during pickups. The Contractor shall submit one combined itemized invoice identifying specific containers and their charges. Additional pickups will be paid monthly after services are rendered and an invoice is submitted.

Security:

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

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

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

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

Safety Reports:

Reporting accidents; prepare and submit reports of significant accidents at the site and anywhere on the institution property. A significant accident is defined to include events that pose a security breech, damage to Government Property and/or any injury.

Record and document date and actions.

Sanitation:

During the trash removal process at the pickup sites and disposal route on Government Property, the contractor shall keep the area adjacent to the containers clean of debris. Clean and perform maintenance on containers/compactors as necessary.

Tool Control:

All tools will be inventoried entering and exiting the institution by a Bureau of Prisons employee.

Institution Orientation Training:

The Contractor and its’ staff agree to adhere to all regulations prescribed by the institutions in regards to the safety, custody, and conduct of inmates. The Bureau of Prisons requires all non-employees to sign in and out of the institution for security reasons. In

RFQP02161700020 Page 6 of 36 addition, each Contractor employee must attend an approximate four (4) hour orientation program at the institution and a “refresher” orientation must be completed annually. The purpose of this program is to familiarize Contractor employees with the institution’s operations, the institution, and general rules of conduct and procedures inside the institution. The Contractor’s cost for Contract staff to attend training shall be the responsibility of the Contractor. Contractor staff shall adhere to all institution regulations regarding conduct and performance. Contractor staff will be allowed access to the institution at the sole discretion of the Chief Executive Officer (CEO). Any individual performing under this contract may be removed if it becomes apparent that his/her conduct does not reflect the conduct of that prescribed for those people performing under non-personal service contract. The Contractor’s personnel will be required to record the date of service, time of arrival, and departure in the log. Items brought into the institution will be searched and scanned as needed.

RFQP02161700020 Page 7 of 36

Section 3 – Contract Clauses

ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions – Commercial Items (Jan 2017)

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

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (Feb 1998)

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

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

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

52.232-18 Availability of Funds (Apr 1984)

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 deliverable as identified in Section 2 of this contract, 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 in the Schedule of Items within the current performance period; or

(2) Any order for a combination of items in excess of the estimated quantities 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 paragraph (b)(1) or (2) of this section.

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

RFQP02161700020 Page 8 of 36

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.

52.217-9 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 shall not exceed 5 years.

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

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

1. Long-Term Contractor Personnel:

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

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

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

RFQP02161700020 Page 9 of 36

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.

RFQP02161700020 Page 10 of 36

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

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

(End of clause)

52.218-000 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 absentee-ism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in Government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.

The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce.

Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation. The types of actions a federal contractor should reasonably take to help ensure performance are:

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

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

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

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

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

• Integrate pandemic health crisis response expectations into telework agreements.

• With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period). Security concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropriate.

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

• Practice telework regularly to ensure effectiveness.

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

• Identify how time and attendance will be maintained.

It is the contractor's responsibility to advise the Government Contracting Officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her absence, another responsible person in the contracting office via telephone or email messages acknowledging the contractor's notification. The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations. The Department does reserve the right in such emergency situations to use Federal employees, employees of other agencies, contract 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 Procurement Policy issuance "Emergency Acquisitions", 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 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

RFQP02161700020 Page 11 of 36 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.

(End of Clause)

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

(a) Timothy Beauchamp, Facilities Manager, (330) 420-6448, tbeauchamp@bop.gov, is hereby designated as the Contracting Officer's Representative (COR) under this BPA.

(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 BPA; providing direction to the contractor which clarifies the contractor effort, fills in details or otherwise serves to accomplish the 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 BPA, 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 BPA obligations or the Scope of Work, the Contracting Officer shall issue such changes.

(End of clause)

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; 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-PGD-14-05 Contractor Notice Regarding DOJ Policy Statement 1200.02, Federal Workplace Responses to Domestic Violence, Sexual Assault, and Stalking (Dec 2014)

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

(b) Point of Contact for Victims of Domestic Violence, Sexual Assault, and Stalking. Upon contract award, the Department will notify contractor of the name and contact information for the Point of Contact for Victims of domestic violence, sexual assault, and stalking for the component or components where Contractor will be performing. Contractor agrees to inform its employees and employees of subcontractors who will be assigned to work on Department premises of the name and contact information for the Victim Point of Contract.

[END OF ADDENDUM TO FAR 52.212-4]

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Jan 2017)

(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:

RFQP02161700020 Page 12 of 36

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.] XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

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

XX (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C.

6101 note).

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

XX (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved] XX (14) (i) 52.219-6, Notice of Total Small Business 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) of 52.219-7.

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

XX (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Nov 2016) of 52.219-9.

___ (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 (Jan 2017) (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) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

XX (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

RFQP02161700020 Page 13 of 36

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

XX (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

XX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

XX (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

XX (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

___ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.

6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (39) 52.223-12,…