RFQP03061400012.pdf

Field Acquisition Office

Re: RFQ-P03061400012-Solid Waste Removal Federal Bureau of Prisons

U.S. Department of Justice

Federal Bureau ofPrisons Administration Division

Grand Prairie, Texas 75051

November 14, 2014

Metropolitan Detention Center, Guaynabo, Puerto Rico

Dear Quoter:

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

All potential quoters are advised that this solicitation includes the clause FAR 52.212-4 for Commercial Items, which at paragraph (t) System for Award Management (SAM), requires all contractors doing business with the Federal Government to be registered in the SAM database. Quoters should include their Data Universal Number System (DUNS) number in their offers. The Contracting Officer will verify registration in the SAM database prior to award by entering potential awardee ' s DUNS number into the SAM database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award.

Inspection of the site will be available to all interested quoters . Prior approval is necessary for such a visit and will be coordinated through the institution ' s Facilities Department.

All quotations must be received on or before the deadline of December 5, 2014, at 2:00p.m. Central Time. Quotes shall be submitted to the following address:

Federal Bureau of Prisons Field Acquisition Office Attention : Nicole Rumsey, Contract Specialist U.S. Armed Forces Reserve Complex 346 Marine Forces Grand Prairie, Texas 75051

Mailed and hand-carried quotes must be delivered to the Contract Specialist at the address shown above no later than the time specified as the deadline for receipt of quotes . Quoters wishing to hand-carry quotes must provide written notification to the Contracting Officer, no less than 24 hours in advance of arrival, so that arrangements may be made with the base security personnel.

The official point of receipt for hand-carried quotes will be the first floor reception area. PLEASE DO NOT SUBMIT QUOTES TO ANY LOCATION OTHER THAN THE ONE LISTED ABOVE. E-mailed quotes will be accepted in pdf format only and will be deemed received at the time received as indicated on the e-mail notification. E-mails rejected by filters are not the responsibility of the government. Quotes received after the deadline will be handled in accordance with FAR provision 52.212-l(t).

No faxed quotes will be accepted.

Should you have any questions, please make these inquiries in writing. Questions ' may be submitted via fax at 972-352-4545, ore mailed to nrumsey@bop.gov

Sincerely, !Is//

Nicole B. Rumsey, Contract Specialist Federal Bureau of Prisons

RFQP03061400012 Page 1 of 33

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQU NUMBER

2. NO.

7. FOR SOLICITATION INFORMATION

CALL:

3. AWARD/EFFECTIVE 4. ORDER NUMBER

DATE

a. NAME

RFQP030614000 12

6. SOLICITATION ISSUE

DATE

11/14/2014

b. TELEPHONE NUMBER (No oollect calls) 8. OFFER DUE DATE I LOCAL

TIME

Nicole B. Rumsey nrumsey@bop.gov (0) 972-352-4538 (F) 972-352-4545 12/05/2014 12:00:00

9. 1SSUED BY

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

11 . DELIVERY FOR FOB DESTINA

UNLESS BLOCK IS MARKED

fVl SEE

~SCHEDULE

I

CODE

CODE

10. THE ACQUISITION IS

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

UNRESTRICTED OR SET ASIDE:

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM NAICS: 562JJJ

EDWOSB

%FOR

0 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

SIZE STANDARD: $38,500,000

D

0 8(A)

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

ADMINISTERED BY

13b. RATING

Federal Bureau of Prisons MDC Guaynabo

'-------~ Federal Bureau ofPrisons MDC Guaynabo

HWY 28 Intersection of Road 165 Guaynabo, PR 00922

CONTRACTOR/

OFFEROR

TELEPHONE NO.

CODE

D17b. CHECK IF REMIITANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

Solid Waste Services for FDC Gauynabo, PR

DUNs# _____ _

Phone # ______ _

Fax# ___________ _

Block 12, 17a, 23 & 24 on schedule of supplies and Blocks 30a, 30b and 30c

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

PO BOX 2008

CATANO, PR 00963-2008

Sa. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons MDC Guaynabo

PO BOX 2008

CATANO, PR 00963-2008

CODE

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1,52.212-4. FAR 52.212-3 AND 52.212-5 ARE A IT ACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. 52.212-51S A IT ACHED. ADDENDA

ARE NOT A IT ACHED

ARE NOT AITACHED

0 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.

30a.

30b. NAME AND TITLE

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:

OFFICER)

31c. DATE

Nicole Rumsey

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 0212012)

Prescribed by GSA- FAR (48 CFR) 53.212

RFQP03061400012 Page 2 of 33

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

0 RECEIVED 0 INSPECTED 0 ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:-------------

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

REPRESENTATIVE REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 321. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

I PARTIAL I I FINAL

QOMPLETE [fARTIAL Q INAL

38. SiR ACCOUNT NUMBER 39. Si R VOUCHER NUMBER 40. PAID BY

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

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

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 212012) BACK

Section

RFQP03061400012 Page 3 of 33

Table of Contents

Description Page Number

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

2.1 CONTINUATION OF SF-1449, BLOCK 20

52.212-4 Contract Terms and Conditions- Commercial Items (May 2014)

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

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

2004)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

OR OTHER NATIONAL EMERGENCY (May 2008) 2852 .223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) 52.21-603-70 Contracting Officer's Representative (COR) (June 20 12) 52.212--5 Contract Terms and Conditions Required to Implement States or Executive Order-Commercial Items (NOV 2012) 52 .217-6 Option for Increased Quantity (Mar 1989) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984)

52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS(DEVIA TION) (AUG 20 12)

52.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR

2011) 52.217-8 Option to Extend Services (Nov 1999)

List of Attachments

4.1 Special Contract Conditions

Solicitation Provisions

5.1 Addendum to FAR 52.212-1 , Instructions to Offerors-Commercial Items (April2014) 52.209-7 Information Regarding Responsibility Matters (Jul2013)

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

52.233-2 Service of Protest (Sept 2006) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) 52.212--3 Offeror Representations and Certifications--Commercial Items (Nov 2012)

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT

0001 Provide Solid Waste Disposal Services for MDC Gua.(:nabo, PR. 1.000000 EA Base Year-Effective Date of Award (EDOA) through 2 months from EDOA.

Base Period

0002 Provide Solid Waste Disposal Services for MDC Guaynabo, PR. 1.000000 EA ogtion Year (1 )-13 months from EDOA through 24 months from

E OA.

Option -1

0003 Provide Solid Waste Dis~osal Services for MDC Guaynabo, PR. 1.000000 EA ogtion Year (2)-25 mont s from EDOA through 36 months from

E OA.

Option 2

0004 Provide Solid Waste Disposal Services for MDC Guaynabo, PR. 1.000000 EA ogtion Year (3)-37 months from EDOA through 48 months from

E OA.

Option 3

0005 Provide Propane-includin8 delivery, all charges and excise tax per 1.000000 EA the s~ecifications for MD Guaynabo, PR. Option Year (4)-49 mont s from EDOA through 60 months from EDOA.

Ootion 4

2.1 CONTINUATION OF SF-1449, BLOCK 20

A.1 SCHEDULE OF ITEMS/CONTRACT PRICING

RFQP03061400012 Page 4 of 33

UNIT PRICE AMOUNT

Pricing Methodology: The contractor shall provide non-personal services, upon request by the institution as detailed in the Statement of Work. The Government reserves the right to award without discussion. Therefore, each initial quote should contain the quoter's best terms from a cost or price standpoint.

Contract pricing shall be based on a rate per month, ton, pull and include all charges to the Government for performing the services required by this contract (E.G. insurance, bonding overhead, profit, supervision, minimum wages, etc.) The quantity of services to be provided by the contractor that he estimated quantities will be required or ordered or those conditions affecting requirements will re main stable or normal. Please note that there will be processing time required to enter the institution that should be reflected in the price quoted. Contract pricing shall include all charges to the Government for performing the services required by this solicitation/con tract. Quoters are required to submit a completed copy of the Schedule of Items inclusive of the base year and all option periods. Pur suant to FAR 17 .203(b ), the Government' s evaluation shall be inclusive of options. Pursuant to FAR 17 .203( d), the quoter may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

Yardage: the landfill disposal tipping fees will be a pass through charge only. The Government will reimburse the contractor for ac tual charges as billed by the landfill authority. The contractor shall insert a unit price for the Base and all option periods with the cur rent tonnage rate. Increases or decreases in the tonnage rate shall be considered at the appropriate time in accordance with FAR 52.216-2 .

Ordering Official: In accordance with Far 52.216-18, request for services will be made via issuance of individual task orders. Task orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for the institution with an appropriate certificate of appointment or delegation of authority for utilizing the purchase card program.

Schedule of Items: Each prospective contractor must complete the following quote form completely and accurately.

RFQP03061 0 012 4 0 p age 5o f 33

Item Schedule of Supplies/Service Quantity Unit Unit Price Amount

Number 1 36 YARD SELF-CONTAINED HYDRAULIC COMPACTOR ////l/l//1 IIIII ////////////// //////////////

1a MONTHLY RENTAL FEE 12 MO

1b HALL RATE/PULL FEE 156 PULL

2 40 YARD OPEN-TOP CONSTRUCTION DUMPSTER ////////// IIIII ////////////// ////////////// 2a MONTLY RENTAL FEE 12 MO

2b HALL RATE/PULL FEE 26 PULL

3 40 YARD CLOSED TOP DUMPSTER ////////// IIIII ///////l/l//l/ ////////////// 3a MONTLY RENTAL FEE 12 MO

3b HALL RATE/PULL FEE 26 PULL

4 YARDAG E ////////// IIIII //////////Ill/ ////////////// 4a LANDFILL DISPOSAL TIPPING FEES 1570 TON

ESTIMATED MAXIMUM TOTAL FOR BASE YEAR: $ _ _____ _ _ _

OPTION YEAR 1: 13 thru 24 months from effective DOA

Item Schedule of Supplies/Service Quantity Unit Unit Price Amount Number 1 36 YARD SELF-CONTAINED HYDRAULIC COMPACTOR ////////// IIIII ////////////// //////////////

1a MONTHLY RENTAL FEE 12 MO

1b HALL RATE/PULL FEE 156 PULL

2 40 YARD OPEN-TOP CONSTRUCTION DUMPSTER ////////// IIIII //////////Ill/ ////////////// 2a MONTLY RENTAL FEE 12 MO

2b HALL RATE/PULL FEE 26 PULL

3 40 YARD CLOSED TOP DUMPSTER ////////// IIIII ////////////// //////////////

3a MONTLY RENTAL FEE 12 MO

3b HALL RATE/PULL FEE 26 PULL

4 YARDAG E ////////// IIIII ////////////// //////////////

4a LANDFILL DISPOSAL TIPPING FEES 1570 TON

ESTIMATED MAXIMUM TOTAL FOR OPTION-YEAR 1:$ - - -----

OPTION YEAR 2: 25 thru 36 months from effective DOA

Item Schedule of Supplies/Service Quantity Unit Unit Price Amount Number 1 36 YARD SELF-CONTAINED HYDRAULIC COMPACTOR ////////// IIIII ////////////// //////////////

1a MONTHLY RENTAL FEE 12 MO

1b HALL RATE/PULL FEE 156 PULL

2 40 YARD OPEN-TOP CONSTRUCTION DUMPSTER ////////// IIIII /////////l///1 ////////////// 2a MONTLY RENTAL FEE 12 MO

2b HALL RATE/PULL FEE 26 PULL

3 40 YARD CLOSED TOP DUMPSTER ////////// IIIII ////////////// //////////////

3a MONTLY RENTAL FEE 12 MO

3b HALL RATE/PULL FEE 26 PULL

4 YARDAGE ////////// IIIII ////////////// //////////////

4a LANDFILL DISPOSAL TIPPING FEES 1570 TON

ESTIMATED MAXIMUM TOTAL FOR OPTION-YEAR 2:$-------

RFQP03061400012 Page 6 of 33

OPTION YEAR 3: 37 thru 48 months from effective DOA

Item Schedule of Supplies/Service Quantity Unit Unit Price Amount Number 1 36 YARD SELF-CONTAINED HYDRAULIC COMPACTOR /1/1////l/ IIIII ///////Ill//// //////Ill/////

1a MONTHLY RENTAL FEE 12 MO

1b HALL RATE/PULL FEE 156 PULL

2 40 YARD OPEN-TOP CONSTRUCTION DUMPSTER /IIIII/I// IIIII ////////////// ////////////// 2a MONTLY RENTAL FEE 12 MO

2b HALL RATE/PULL FEE 26 PULL

3 40 YARD CLOSED TOP DUMPSTER ////////// IIIII ////////////// //////////////

3a MONTLY RENTAL FEE 12 MO

3b HALL RATE/PULL FEE 26 PULL

4 YARDAGE ////////// IIIII ////////////// Ill/////////// 4a LANDFILL DISPOSAL TIPPING FEES 1570 TON

ESTIMATED MAXIMUM TOTAL FOR OPTION-YEAR 3:$--- ----

OPTION YEAR 4: 49 thru 60 months from effective DOA

Item Schedule of Supplies/Service Quantity Unit Unit Price Amount Number 1 36 YARD SELF-CONTAINED HYDRAULIC COMPACTOR ////////// IIIII ///////////Ill l/1///l///////

1a MONTHLY RENTAL FEE 12 MO

1b HALL RATE/PULL FEE 156 PULL

2 40 YARD OPEN-TOP CONSTRUCTION DUMPSTER l/1/////// IIIII //l//l/l/l/1/l /l/l/////l//// 2a MONTLY RENTAL FEE 12 MO

2b HALL RATE/PULL FEE 26 PULL

3 40 YARD CLOSED TOP DUMPSTER /II/IIIII/ IIIII l/1/l/1/l/l/l/ l/l/1/1/l/l/l/ 3a MONTLY RENTAL FEE 12 MO

3b HALL RATE/PULL FEE 26 PULL

4 YARDAGE ////1/l/1/ IIIII lll/l/l/l/1/1/ l/1/l/1/l/l/l/ 4a LANDFILL DISPOSAL TIPPING FEES 1570 TON

ESTIMATED MAXIMUM TOTAL FOR OPTION-YEAR 4:$ ______ _

RFQP03061400012

STATEMENT OF WORK

Solid Waste Disposal Services

Metropolitan Detention Center, Guaynabo, PR

A. SUMMARY OF WORK & PLACE OF PERFORMANCE:

The Federal Bureau of Prisons (FBOP), Field Acquisition Office, Grand Prairie, Texas, intends to award a firm - fixed price type contract for the provision of solid waste equipment rental and solid waste services which meets or exceeds the requirement s outlines in this statement of work. General information regarding the Federal Bureau of Prisons (FBOP) and its facilities is located at www.bop.gov. Contract services will be performed on-site at the Metropolitan Detention Center (MDC) Guaynabo, located at

Intersection of Road 165 & Highway 28 Guaynabo, Puerto Rico 00965

B. SCHEDULE:

The regular working hours for contract services shall be 7:00A.M. to 4:00P.M, Monday through Friday, with the exception of federal holidays. Any changes in the schedule must be approved by the Contracting Officer (CO) or Contracting Officer' s Representative (COR).

C. CONTRACTOR RESPONSIBILITIES/ REQUIRED SERVES:

The contractor shall be responsible to provide all equipment, labor and expertise required for the removal of trash and solid waste. Government employees and inmates are not permitted to provide any assistance in the performance of this contract. The contractor shall be responsible for pick-up, and delivering container loads of solid waste to an approved, licensed, certified disposal area/landfill. Disposal of waste shall be legal and environmentally safe manner. The waste materials will consist of solid and/ or wet waste from food service and other department within the institution. MDC Guaynabo may require additional pulls by notifying the contractor in advance. The contractor must, upon proper notification from MDC Guaynabo, complete the additional pull(s) within twenty-four (24) hours. Extra pulls charge will not differ from the regular contracted pull rates .

1. The contractor shall be responsible for cleaning up and disposing of all trash, garbage, and debris spilled from the compactor during the process of pulls and transport.

2. The contractor shall ensure the compactor is cleaned, washed and sanitized after each dumping and prior to delivery back to the institution.

3. The contractor is responsible for providing and installing an onsite operation and emergency shutdown (stop/start) switch for the compactor. The institution will provide an electrical disconnect switch from the contractor must make a connection.

4. If the compactor or the open top unit becomes full prior to the scheduled pick-up, the contractor will be contracted by the contracting officer or appropriate institution staff to schedule an additional pick

up. Additional pick-ups will be on an as needed basis. The time frame for an additional pick-up will be agreed upon between the contractor and the contracting officer or appropriate institution staff.

RFQP03061400012 Page 8 of 33

5. The contractor will not be required to pay rent for the space occupied here under when in use on the premises of MDC Guaynabo. The contractor will not be required to pay cost of any utilities which may be found necessary for the use or operation of any trash removal equipment furnished hereunder.

D. CONTRCATOR SUPPLIED EQUIPMENT:

The contractor shall supply the following equipment and related supplies, but is not limited to the following:

1. One (1) thirty -six (36) cubic yard, totally enclosed/ self-contained securable trash compactor dumpster unit with an alarm feature to indicate when full. The unit will be located at the compactor area in front of the institution water tank. The contractor will be responsible for the installation and hookups required to make the unit operational. The contractor will pull/ services the self-contained unit on Monday, Wednesday and Friday of each week at 7:00am.

2. One (1) forty (40) cubic yard open top roll-off construction trash dumpster. The unit will be located next to the thirty-six cubic yard trash compactor dumpster. The contractor will pull the open -top trash dumpster every other week on Mondays or when called.

3. One (1) Forty (40) cubic yard totally enclosed/ self-contained securable cardboard compactor dumpster unit with an alarm feature to indicate when full. The unit will be located at the compactor area in front of the institution water tank. The contractor will be responsible for the installation and hookups required to make the unit operational. The contractor will pull/ services the self-contained unit when called.

4. All equipment furnished here under 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 as to prevent seepage and accumulation of debris underneath. The contractor will be responsible for all maintenance of equipment.

E. MAINTNENACE AND REPAIR OF EQUIPMENT:

All equipment provide by the contractor must be in new or like new condition and be able to handle and contain the type of waste listed herein. The compactor provided shall be acceptable in condition and appearance to the contracting office or appropriate institution staff. The units and equipment supplied by the contractor must be maintained in good working order and have the contractors name and local phone number prominently displayed on the containers. The contractor will ensure that the units are neat in appearance and that there are no cracks or broken parts, and the wheels are operational. The fixed equipment, installed by the contractor which includes: the stop/start switch, hydraulic pump, reservoir and hoses, must be maintained in a neat manner. For appearance and safety reasons there should be no hydraulic fluid leaks, frayed electrical wires or otherwise damaged equipment. In the event that the fixed equipment installed by the contractor is in need of repair or service it will be the responsibility of the contractor to notify the contracting officer, appropriate institution staff or designee, at which time arrangements will be made for the contractor to be admitted to the institution for the work to be done. If possible, notifications will be made at least on working day prior to the contractor entering the institution.

The contractor must remedy problems within 24 hours after notification.

RFQP03061400012 Page 9 of 33

The contractor shall be responsible for all spills and related cleanup costs, when spill occurs as a result of contractor owned equipment failure or contractor error. All containers are to be cleaned and I or returned clean by the contractor. The contractor shall ensure each container location is prior to removing container from the area.

F. PERMITS AND RECORDS:

The contractor shall ensure that waste is disposed of in accordance with all Federal, Commonwealth, and local laws and/ or regulations. All licenses, permits, and fees related to the waste removal shall be the responsibility of the contractor. All equipment, supplies, open containers, and controls shall be supplied by the contractor. The contractor shall provide copies of all receipts related to the disposal of the waste.

The receipts must include the weight of the waste dumped. The receipts shall be addressed to the contracting office or appropriate institution staff and shall be sent a minimum of once per calendar month.

G. TITLE TO EQUIPMENT:

Unless otherwise specified in this contract, title to the contractor owned waste 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 failure to do so, the FBOP may remove and store said property and charge the contractor for any expenses incurred for such removal and storage. All contractor provided equipment and equipment components of equipment are sole property of the contractor and no supplemental agreement or relationship between the Government and contractor shall give Government any proprietary interest in such components thereof. All Government provided equipment and equipment components are the sole property of the Government and no supplemental agreement or relationship between the

Government and the contractor shall give the contractor any proprietary interest in such components thereof.

H. RISK OF LOSS:

The contractor assumes the full risk of and responsibility for any loss, destruction, or damage occurring to the contractor owned waste removal equipment, components, or containers, when such loss or damage as may attributable to the owner by reason of the negligence of its employees while acting within the scope of their employment.

I. INSTITUTION SECURITY:

The contractor shall be required to enter MDC Guaynabo and will be subject to any and all security searches and regulations governing security of the institution. The contractor must agree to adhere to all regulations prescribed by MDC Guaynabo, for the safety, security and custody of inmates. The custody of Federal inmates remains a primary responsibility ofthe designated facility. The contractor shall involve himself/herself in the Institution Familiarization Program as required by policy. Any violations of the institution rules and regulations are to be brought immediately to the attention of an appropriate Government employee for prompt, proper action. The contractor shall be aware that the vehicle will be subject to inspection and search prior to entering the institution grounds and again prior to exiting the institution grounds. Institution correctional staff must be able to inspect and search the entire vehicle their

RFQP03061400012 Page 10 of satisfaction so that no contraband is being introduced into the institution. All tools will be inventoried entering and exiting the institution. The contracting officer or appropriate institution staff must be advised if for any reason the pick-ups cannot be made as scheduled for any given day. A twenty-four (24) hour notice is required. It is imperative, for security reasons, the compactor I container be picked up as required.

J. RESTRICTIONS ON CONTRACT WORKERS:

The Contractor shall not supervise inmates, supervise FBOP staff, participate in inmate accountability, requisition, sign for, or pick up supplies, formulate policy or procedures, or attend meetings, recalls or staff functions.

K. PAYMENT OF SERVICES:

Invoices shall be submitted and paid on a monthly basis. Original Weight Ticket(s), as provided by the disposal/ landfill site indicating the actual tonnage of solid waste, shall be submitted with the corresponding invoice payment. Payment shall not be processed for tonnage fees until Weight Ticket(s) are submitted. Payment terms shall be as specified in FAR 52.212-4(g), the due date for making an invoice payment by the designated payment office shall be the 30th day after the designated billing office has received a proper invoice, or the government accepts the services performed by the contractor. The contractor can offer discount payment terms for prompt payments as specified in block 12 on the SF-1449 form for this solicitation. This information is required for proper payment of services.

L. MISCELLANEOUS INFORMATION:

In accordance with the FBOP Acquisition Policy Part 37.103(e), the following provisions are applicable to the work being performed in the contract: The service is a contractual arrangement and not a personnel appointment; payment is based on the provision of an end product or the accomplishment of a specific result; the services provided does not constitute an employer/employee relationship; and the contractor will not be subject to Government supervision, except for security related matters. However, contractor performance shall be closely monitored. This position is a contract position only and does not provide fringe benefits such as Health Care, Retirement, Vacation or Sick Time.

The contractor must understand that the Contracting Officer is the only person who can legally commit or obligate the Government to an expenditure of public funds. The Contracting Officer is the only person who can legally change the terms or conditions of the contract and only then by written modification.

The contractor is solely responsible for full compliance with all federal , Commonwealth, FBOP, and all other applicable laws, policy, rules and regulations. In the event two or more regulations conflict, the strictest of the regulations shall apply. The contractor shall be responsible for the provision of all equipment, labor, licenses, maintenance, materials, parts, permits, repairs, tools etc. , necessary to carry out the requirements of the contract.

The contractor shall be required to coordinate the installation of the required equipment and change of contractor personnel with the contracting office or appropriate institution staff.

RFQP03061400012 Page 11 of The contractor shall immediately inform in writing, the contracting office or appropriate institution staff of any adverse actions taken by any commonwealth licensing or regulatory body involving professional licensing. This includes, but is not limited to, suspensions, revocation, restrictions on practices.

The contractor shall immediately inform, in writing, the contracting office or appropriate institution staff of any claims made, lawsuits filed, or legal actions that might occur as a result of the contractor' practice of their profession, not only as a result of services performed with the FBOP facility but also those involving any setting in which services of a nature substantially similar to services contracted for by MDC Guaynabo are being performed.

END OF STATEMENT OF WORK

RFQP03061400012 Page 12 of

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions - Commercial Items (May 2014)

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.

itation On Payments To Influence Certain Federal Transactions (Oct 2010) nted or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) lution Prevention and Right to Know Information (May 2011)

Act Notification (Apr 1984)

Act (Apr 1984)

Of Funds (Apr 1984) ing Accelerated Payments to Small Business Subcontractors (Dec 2013) uter Generated Forms (Jan 1991)

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 20 1) 1 entitled "Personal Identification Verification (PlY) for Federal Employees and Contractors," Phase I.

I. Long-Term Contractor Personnel:

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

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

RFQP03061400012 Page 13 of

b. Contractor Personnel must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofmg 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 (LSI) 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 fmgerprint 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 .

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

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

2. Short-Term Contractor Personnel:

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

a. Favorable review of the security questionnaire form ;

b. Favorable fmgerprint 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 commen surate BI does not need to be initiated.

A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of is suance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PlY -1 identity proofmg process.

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

3. Intermittent Contractors:

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

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

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

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

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

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

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

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

Notes:

I. FIPS 20 I is available at: www.csrc.nist.gov/publications/fips/fips20 1/FIPS-20 l-022505 .pdf

2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-1 identity proofmg process, including initiation and adjudication of the required background investiga tion, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-11) requires badge issuance to all affected long-term contractors.

3. For contractors in position sensitivity/risk levels above Ievell, a favorable review of a credit check is required as part ofthe 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.

RFQP03061400012 Page 14 of 5.For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre appointment waiver package.

[End of Clause]

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

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

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

2. worked for the U.S. overseas in a Federal or military capacity; 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 inform ation regarding allied countries: http://www.opm.gov/employlhtml/citizen.htm By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.

[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 re mote 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 tele work 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 accom plish 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 ab sence, another responsible person in the contracting office via telephone or email messages acknowledging the contractor's notifica tion . 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.

[End of Clause]

RFQP03061400012 Page 15 of

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 haz ardous material as defmed in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other materi-al or working condition designated by the Contracting Officer's Technical Representative (COTR) as potentially hazardous and requir ing 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 pres ence 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, dis covers 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 consti tute 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 20 12)

(a) Karl Nickels, 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 con tractor 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 contrac tual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

52.212--5 Contract Terms and Conditions Required to Implement States or Executive Order-Commercial Items (OCT 20 14)

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

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

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

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

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

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

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

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

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 201 0) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of2009.)

_XX_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012) (Pub. L. 109-282) (31 U.S.C.

6101 note).

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

_XX_ (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

_ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 20 12) (41 U.S.C. 2313).

(8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L.

02-74, section 740 ofDivision C of Pub. L. 111-117, section 743 ofDivision D of Pub. L. 111-8, and section 745 of Division D of

RFQP03061400012 Page 16 of Pub. L. 110-161).

_ (9) 52.219-3, Notice ofHUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

_ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

( 11) [Reserved] xx (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

_ (ii) Alternate I (Nov 2011 ).

_ (iii) Alternate II (Nov 201 1).

_ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

(iii) Alternate II (Mar 2004) of52.219-7.

xx (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

(15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)). = (ii) Alternate I (Oct 200 1) of 52.219-9.

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

(iv) Alternate III (Jul2010) of52.219-9. = (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011X15 U.S.C. 644(r)).

xx (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(l4)).

_ (18) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

_ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (1 0 U.S.C.

2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer) .

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

_ (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

_ (21) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

_ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 t).

xx (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).

_ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).

_ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).

XX_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_ (27) 52.222-19, Child Labor- Cooperation with Authorities and Remedies (Mar 20 12) (E.O. 13126).

XX (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

XX= (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

XX_ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

XX_ (31) 52.222-36, Affumative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

XX_ (32) 52.222-37,…