RFQP04071700001_-_Solicitation_Pkg.pdf
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- RFQP0407170001
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U.S. Department of Justice
Federal Bureau of Prisons Administration Division
Field Acquisition Office Grand Prairie, Texas 75051
December 16, 2016
RE: RFQP04151600012, Solid Waste Removal Services
Federal Correctional Institution (FCI) – Greenville, IL
Dear Quoters:
This cover letter precedes the solicitation package has been prepared by the Federal Bureau of Prisons, Federal Acquisition Office, for the acquisition of Solid Waste Removal Services. This package contains all necessary information for submitting a quote for evaluation for performing these services at FCI Greenville, IL.
Quoters should consider all information provided herein when submitting quotes. Please carefully follow all instructions located in the solicitation package concerning the content, format and submission of your quotes.
All quotes must be received on or before January 16, 2016 at 1:00 pm Central Standard Time. Please email all required documents for quotes to ldthomas@bop.gov.
If you have any further questions, please email them to ldthomas@bop.gov. We will consider all questions received and provide responses, where appropriate.
Sincerely, LaShundra D. Thomas, Contract Specialist
Field Acquisition Office mailto:ldthomas@bop.gov mailto:ldthomas@bop.gov
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30
1. REQUISITION NUMBER
5. SOLICITATION NUMBER
RFQP04071700001
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 6. SOLICITATION ISSUE
DATE
12/16/2016
7. FOR SOLICITATION INFORMATION
CALL:
a. NAME
LaShundra Thomas ldthomas@bop.gov
b. TELEPHONE NUMBER (No collect calls)
(972) 352-4529
8. OFFER DUE DATE / LOCAL
TIME
01/16/2017 13:00:00
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
NET 30
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER DPAS
(15 CFR 700)
13b. RATING
X RFQ IFB RFP
14. METHOD OF SOLICITATION
BGRECODE15. DELIVER TO
Federal Bureau of Prisons FCI Greenville
PO BOX 4000
Greenville, IL 62246
CODE BGRE16. ADMINISTERED BY
Federal Bureau of Prisons FCI Greenville 100 US HWY 40 & 4th Street Greenville, IL 62246
FACILITY
CODE
CODE
TELEPHONE NO.
17a. CONTRACTOR/
OFFEROR
BGRECODE18a. PAYMENT WILL BE MADE BY
Federal Bureau of Prisons FCI Greenville 100 US HWY 40 & 4th Street Greenville, IL 62246
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
Provide Solid Waste Removal Services for FCI Greenville
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
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO
ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH
OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE
TERMS AND CONDITIONS SPECIFIED.
29. AWARD OF CONTRACT: REF. _____________________________ OFFER
DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,
IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)
LaShundra Thomas
31c. DATE SIGNED
01/01/2017
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
RFQP04071700001 Page 1 of 32
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
PARTIAL FINAL
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
COMPLETE PARTIAL FINAL
36. PAYMENT 37. CHECK NUMBER
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
RFQP04071700001 Page 2 of 32
Table of Contents
Section Description Page Number
1 Solicitation/Contract Form 2 Commodity or Services Schedule
2.1 Schedule of Items / Pricing
3 Contract Clauses
52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) 52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984) 52.252-6 Authorized Deviations in Clauses (Apr 1984) DJAR-PGD-15-02-Attachment 2A Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability – Award (DEVIATION 2015-02) (March 2015) DJAR-PGD-15-02-Attachment 2B Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse – Award (DEVIATION 2015-02) (March 2015) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996)
52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE
2004) 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005) 52.242-1502 (AGD 11-004) Evaluation Of Contractor Performance Utilizing CPARS (Apr 2011) DJAR-PGD-14-05 Contractor Notice Regarding DOJ Policy Statement 1200.02, Federal Workplace Responses to Domestic Violence, Sexual Assault, and Stalking (Dec 2014) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (12.301(b)(4)) Nov 2016
4 List of Attachments
4.1 Special Contract Conditions
5 Solicitation Provisions 52.212-1 Instructions to Quoters—Commercial Items (Oct 2016)
5.1 Addendum to FAR 52.212-1
52.209-7 Information Regarding Responsibility Matters (Jul 2013) 52.252-5 Authorized Deviations in Provisions (Apr 1984) DJAR-PGD-15-02-Attachment 1A Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability – Solicitation (DEVIATION 2015-02) (March 2015) DJAR-PGD-15-02-Attachment 1B Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud and Abuse - Solicitation (DEVIATION 2015-02) (March 2015) 52.233-2 Service of Protest (Sept 2006) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)
52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005)
5.2 Subcontract Certification
52.212-3 Offeror Representations and Certifications - Commercial Items (12.301(b)(2)) Jul 2016
RFQP04071700001 Page 3 of 32
Section 2 - Commodity or Services Schedule
SCHEDULE OF SUPPLIES/SERVICES
CONTINUATION SHEET
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 Location #1 – Pick up one (1) 38 cubic yard sealed, self-contained compactor with a minimum pick up of twice a month for the Base Year, March 1, 2017 through February 28, 2018 (estimated maximum). Refer to SOW for details.
48.000000 EA $____________ $___________________
0002 Location #2 – Relocation of one (1) 38 cubic yard sealed, self-contained compactor with a minimum pick up of twice a week for the Base Year, March 1, 2017 through February 28, 2018 (estimated maximum). Refer to SOW for details.
96.000000 EA $____________ $___________________
0003 Location #2 – Pick up one (1) 38 cubic yard sealed, self-contained compactor with a minimum pick up of twice a week for the Base Year, March 1, 2017 through February 28, 2018 (estimated maximum). Refer to SOW for details.
96.000000 EA $____________ $___________________
0004 Location #3 - Monthly Rental for one (1) 2 cubic yard dumpster for the Base Year, March 1, 2017 through February 28, 2018 (estimated maximum). Refer to SOW for details.
12.000000 EA $____________ $___________________
0005 Location #3 - One (1) 2 cubic yard dumpster with a minimum pick up of approximately once every 8 weeks for the Base Year, March 1, 2017 through February 28, 2018 (estimated maximum). Refer to SOW for details.
6.000000 EA $____________ $___________________
0006 Location #1 – Pick up one (1) 38 cubic yard sealed, self-contained compactor with a minimum pick up of twice a month for Option Year #1, March 1, 2018 through February 28, 2019 (estimated maximum). Refer to SOW for details.
48.000000 EA $____________ $___________________
0007 Location #2 – Relocation of one (1) 38 cubic yard sealed, self-contained compactor with a minimum pick up of twice a week for Option Year #1, March 1, 2018 through February 28, 2019 (estimated maximum). Refer to SOW for details.
96.000000 EA $____________ $___________________
0008 Location #2 – Pick up one (1) 38 cubic yard sealed, self-contained compactor with a minimum pick up of twice a week for Option Year #1, March 1, 2018 through Feb 28, 2019 (estimated maximum).
Refer to SOW for details.
96.000000 EA $____________ $___________________
0009 Location #3 - Monthly Rental for one (1) 2 cubic yard dumpster for Option Year #1, March 1, 2018 through Feb 28, 2019 (estimated maximum). Refer to SOW for details.
12.000000 EA $____________ $___________________
0010 Location #3 - One (1) 2 cubic yard dumpster with a minimum pick up of approximately once every 8 weeks for Option Year #1, March 1, 2018 through Feb 28, 2019 (estimated maximum). Refer to SOW for details.
6.000000 EA $____________ $___________________
0011 Location #1 – Pick up one (1) 38 cubic yard sealed, self-contained compactor with a minimum pick up of twice a month for Option Year #2, March 1, 2019 through February 29, 2020 (estimated maximum). Refer to SOW for details.
48.000000 EA $____________ $___________________
0012 Location #2 – Relocation of one (1) 38 cubic yard sealed, self-contained compactor with a minimum pick up of twice a week for Option Year #2, March 1, 2019 through February 29, 2020 (estimated maximum). Refer to SOW for details.
96.000000 EA $____________ $___________________
0013 Location #2 – Pick up one (1) 38 cubic yard sealed, self-contained compactor with a minimum pick up of twice a week for Option Year #2, March 1, 2019 through February 29, 2020 (estimated maximum). Refer to SOW for details.
96.000000 EA $____________ $___________________
0014 Location #3 - Monthly Rental for one (1) 2 cubic yard dumpster for Option Year #2, March 1, 2019 through February 29, 2020 (estimated maximum). Refer to SOW for details.
12.000000 EA $____________ $___________________
0015 Location #3 - One (1) 2 cubic yard dumpster with a minimum pick up of approximately once every 8 weeks for Option Year #2, March 1, 2019 through February 29, 2020 (estimated maximum). Refer to
6.000000 EA $____________ $___________________
RFQP04071700001 Page 4 of 32
SOW for details.
0016 Location #1 – Pick up one (1) 38 cubic yard sealed, self-contained compactor with a minimum pick up of twice a month for Option Year #3, March 1, 2020 through February 28, 2021 (estimated maximum). Refer to SOW for details.
24.000000 EA $____________ $___________________
0017 Location #2 – Relocation of one (1) 38 cubic yard sealed, self-contained compactor with a minimum pick up of twice a week for Option Year #3, March 1, 2020 through February 28, 2021 (estimated maximum). Refer to SOW for details.
96.000000 EA $____________ $___________________
0018 Location #2 – Pick up one (1) 38 cubic yard sealed, self-contained compactor with a minimum pick up of twice a week for Option Year #3, March 1, 2020 through February 28, 2021 (estimated maximum). Refer to SOW for details.
96.000000 EA $____________ $___________________
0019 Location #3 - Monthly Rental for one (1) 2 cubic yard dumpster for Option Year #3, March 1, 2020 through February 28, 2021 (estimated maximum). Refer to SOW for details.
12.000000 EA $____________ $___________________
0020 Location #3 - One (1) 2 cubic yard dumpster with a minimum pick up of approximately once every 8 weeks for Option Year #3, March 1, 2020 through February 28, 2021 (estimated maximum). Refer to SOW for details.
6.000000 EA $____________ $___________________
0021 Location #1 – Pick up one (1) 38 cubic yard sealed, self-contained compactor with a minimum pick up of twice a month for Option Year #4, March 1, 2021 through February 28, 2022 (estimated maximum). Refer to SOW for details.
24.000000 EA $____________ $___________________
0022 Location #2 – Relocation of one (1) 38 cubic yard sealed, self-contained compactor with a minimum pick up of twice a week for Option Year #4, March 1, 2021 through February 28, 2022 (estimated maximum). Refer to SOW for details.
96.000000 EA $____________ $___________________
0023 Location #2 – Pick up one (1) 38 cubic yard sealed, self-contained compactor with a minimum pick up of twice a week for Option Year #4, March 1, 2021 through February 28, 2022 (estimated maximum). Refer to SOW for details.
96.000000 EA $____________ $___________________
0024 Location #3 - Monthly Rental for one (1) 2 cubic yard dumpster for Option Year #4, March 1, 2021 through February 28, 2022 (estimated maximum). Refer to SOW for details.
12.000000 EA $____________ $___________________
0025 Location #3 - One (1) 2 cubic yard dumpster with a minimum pick up of approximately once every 8 weeks for Option Year #4, March 1, 2021 through February 28, 2022(estimated maximum). Refer to SOW for details.
6.000000 EA $____________ $___________________
0026 Location #1 – Pick up one (1) 38 cubic yard sealed, self-contained compactor with a minimum pick up of twice a month for 6 Month Optional Year, March 1, 2022 through August 31, 2022 (estimated maximum). Refer to SOW for details.
12.000000 EA $____________ $___________________
0027 Location #2 – Relocation of one (1) 38 cubic yard sealed, self-contained compactor with a minimum pick up of twice a week for 6 Month Optional Year, March 1, 2022 through August 31, 2022 (estimated maximum). Refer to SOW for details.
48.000000 EA $____________ $___________________
0028 Location #2 – Pick up one (1) 38 cubic yard sealed, self-contained compactor with a minimum pick up of twice a week for 6 Month Optional Year, March 1, 2022 through August 31, 2022 (estimated maximum). Refer to SOW for details.
48.000000 EA $____________ $___________________
0029 Location #3 - Monthly Rental for one (1) 2 cubic yard dumpster for 6 Month Optional Year, March 1, 2022 through August 31, 2022 (estimated maximum). Refer to SOW for details.
6.000000 EA $____________ $___________________
0030 Location #3 - One (1) 2 cubic yard dumpster with a minimum pick up of approximately once every 8 weeks for 6 Month Optional Year, March 1, 2022 through August 31, 2022 (estimated maximum).
Refer to SOW for details.
3.000000 EA $____________ $___________________
2.1 Schedule of Items / Pricing
RFQP04071700001 Page 5 of 32
Total amount for Line Items #1-#7, Base Year $___________________________ Total amount for Line Items #8-#14, Option Year 1 $___________________________ Total amount for Line Items #15-#21, Option Year 2 $___________________________ Total amount for Line Items #22-#28, Option Year 3 $___________________________ Total amount for Line Items #29-#35, Option Year 4 $___________________________ Total amount for Line Items #36-#42, 6 Month Optional Pd $___________________________ Grand Total for Base Year, Option Years & 6 Mo Option $___________________________
Schedule of Items Please complete the above information when preparing your quote for the base year and options years. Any resulting contract will be firm-fixed price. As such, quantities listed are estimates only and are not a representation to an quoter or contractor that the estimated quantities will be required or ordered or that conditions affecting requirements will be stable or normal (FAR 16.503(a)(1)). Quotes shall be evaluated for award based solely upon price.
It shall be the contractor’s responsibility to operate the hauling of the refuse and disposal of such in accordance with and abide by all local, county, state and federal regulations and restrictions. The Contractor will perform Solid Waste Removal Services on a monthly basis for the above list. Contractor must be aware of local weight restrictions, and the responsibility lies with the contractor to abide by these restrictions. This service will cover the removal and disposal of all solid waste from FCI Greenville and all associated opera-tions with such. The contract will cover cost of the rental/lease of the equipment and the removal and disposal to accomplish this task. This equipment will be required to have a preventative maintenance program for proper operation. The contractor shall be solely responsible for all equipment, insurance, labor, licenses, permits, maintenance, materials, parts, repairs and tools on rented or leased equipment.
If a spill should occur due to equipment or container failure, it shall be the contractor’s responsibility for all cleanup costs. Services are required to be provided by the contractor in accordance with the Statement of Work (SOW). Quoters shall submit photocopies of their permits with their quote.
NOTE: Award shall be made to the responsive/responsible quoter submitting the lowest TOTAL QUOTED AMOUNT. Rate of re-muneration will be based on monthly and annual inspections for each equipment item being serviced. This price will include all over-head, profit, administrative costs, etc., being charged by the Contractor. Terms of the contract will be for a base period of effective date of award through 12 months with four 12 month options for renewal along with a 6 Month Option Period (After Contract End Date).
Price Methodology The contract rates for the Solid Waste Removal Services shall be on a pickup/removal basis. The contract rates shall include all charges as well as the expenses incurred to provide the services.
Services are required to be provided in accordance with the Statement of Work of this solicitation. Quoters are required to submit a completed copy of the following quote forms, located below, inclusive of the base year and all option years. Pursuant to FAR 17.203(b), the Government’s evaluation shall be inclusive of options. Pursuant to FAR 17.203(d), Quoters may submit varying quote prices for options, depending on the quantities actually ordered and the dates when ordered.
RFQP04071700001 Page 6 of 32
Section 3 - Contract Clauses
A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (May 2015)
The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.
Clauses By Reference
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.
Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov
Clause Title
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights
(Apr 2014)
52.212-4 Contract Terms and Conditions--Commercial Items (May 2015)
52.232-18 Availability Of Funds (Apr 1984)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)
52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (Apr 1984)
52.253-1 Computer Generated Forms (Jan 1991)
52.228-5 Insurance - Work on a Government Installation (Jan 1997)
Clauses By Full Text
52.216-18 Ordering (Oct 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the first day of the effective performance period through the last day of the effective 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)
RFQP04071700001 Page 7 of 32
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one session, 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 estimated quantities identified in the Schedule of Supplies/Services within the current per-formance period;
(2) Any order for a combination of items in excess of the estiamted quantities identified in the Schedule of Supplies/Services within the current performance period; or
(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in para-graph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regula-tion (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limita-tions in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Govern-ment may acquire the supplies or services from another source.
(End of clause)
52.216-21 Requirements (Oct 1995)
(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.
(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this con-tract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified un-der this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.
(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Con-tractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Con-tractor shall not be required to make any deliveries under this contract after ____________.
(End of clause)
52.217-8 Option to Extend Services (Nov 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Of-ficer may exercise the option by written notice to the Contractor within 60 days of the expiration of the contract.
(End of clause)
RFQP04071700001 Page 8 of 32
52.217-9 Option to Extend the Term of the Contract (Mar 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within prior to the expiration of the cur-rent performance peridod ; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not com-mit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.
(End of clause)
52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.
This Statement is for Information Only:
It is not a Wage Determination Employee Class Monetary Wage - Fringe Benefits Refuse Collector (99730) $16.42 (not including fringe benefits)
(End of clause) Associated Lines:
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. The Government's oblig-ation 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, until funds are made available to the Contracting Officer for performance and un-til the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.
(End of clause)
52.252-6 Authorized Deviations in Clauses (Apr 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized devi-ation is indicated by the addition of (DEVIATION) after the date of the clause.
(b) The use in this solicitation or contract of any Justice Regulations. (48 CFR Chapter 28) clause with an authorized deviation is in-dicated by the addition of (DEVIATION) after the name of the regulation.
(End of clause)
DJAR-PGD-15-02-Attachment 2A Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability – Award (DEVIATION 2015-02) (March 2015)
(a) None of the funds made available by the Department’s current Appropriations Act may be used to enter into a contract, memor-andum of understanding, or cooperative agreement with a corporation –
(1) convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or
(2) that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been ex-hausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for col-lecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not
RFQP04071700001 Page 9 of 32 necessary to protect the interests of the Government.
(b) By accepting this award or order, in writing or by performance, the offeror/contractor represents that –
(1) the offeror is not a corporation convicted of a felony criminal violation under any Federal or State law within the preceding 24 months; and,
(2) the offeror is not a corporation that has any unpaid Federal or State tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.
(End of Clause)
DJAR-PGD-15-02-Attachment 2B Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse – Award (DEVIATION 2015-02) (March 2015)
By accepting this award or order, the contractor certifies that it does not require employees or contractors of the contractor seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statement prohibiting or otherwise restricting such em-ployees or contractors from lawfully reporting waste, fraud, and abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(End of Clause)
2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996)
(a) "Unsafe condition" as used in this clause means the actual or potential exposure of contractor or Government employees to a haz-ardous material as defined 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)
52.27-103-72 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/employ/html/citizen.htm By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.
[End of Clause]
52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)
Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I.
1. Long-Term Contractor Personnel:
In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 con-tractor employee whose background investigation (BI) process begins on or after October 27, 2005:
a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are
RFQP04071700001 Page 10 of 32 listed in Form I-9, OMB No. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture ID);
b. Contractor Personnel must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed sometime during the clearance process but prior to badge issuance and must be documented by the DOJ official;
c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position.
Outlined below are the minimum BI requirements for each risk level:
• High Risk - Background Investigation (5 year scope)
• Moderate Risk - Limited Background Investigation (LBI) or Minimum Background Investigation (MBI)
• Low Risk - National Agency Check with Inquiries (NACI) investigation
d. The pre-appointment BI waiver requirements for all position sensitivity levels are a:
1) Favorable review of the security questionnaire form;
2) Favorable fingerprint results;
3) Favorable credit report, if required;3
4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level;
and
5) Favorable review of the National Agency Check (NAC) 4 portion of the applicable BI that is determined by position sensitivity/risk level.
A badge may be issued following approval of the above waiver requirements.
If the NAC is not received within five days of OPM's scheduling date, the badge can be issued based on a favorable review of the Se-curity 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 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 proofing requirements listed in items 1a. and 1b. above. The pre-appointment waiver re-quirements for short-term contractors are:
a. Favorable review of the security questionnaire form;
b. Favorable fingerprint results;
c. Favorable credit report, if required;5 and
d. Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The 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 PIV-I identity proofing process.
For example, if a contractor employee requires daily access for a three or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a second request is submitted for the same contractor employee within a twelve-month period for the purpose of extending the initial contract or for employment under a totally different contract for another three or four-week period, this contractor would now be considered "long-term" and must be cleared according to the long-term requirements as stated in this interim policy.
3. Intermittent Contractors:
An exception to the above-mentioned short-term requirements would be intermittent contractors.
a. For purposes of this policy, "intermittent" is defined as those contractor employees needing access to DOJ information systems and/ or DOJ facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For ex-ample, the water delivery contractor that delivers water one time each week and is working on a one-year contract.
b. Contractors requiring intermittent access should follow the Department's escort policy. Please reference the August 11, 2004, and January 29, 2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted ac-cess.
c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contract-or, the same pre-employment background investigation waiver requirements that apply to short-term contractors are required.
d. If an intermittent contractor is approved for unescorted access, the contractor will only be issued a daily badge. The daily badge will be issued upon entrance into a DOJ facility or space and must be returned upon exiting the same facility or space.
e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year.
4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated BI meeting HSPD-12 and DOJ's BI requirements.
5. The DOJ's current escorted contractor policy remains unchanged by this acquisition notice.
Notes:
1. FIPS 201 is available at: www.csrc.nist.gov/publications/fips/fips201/FIPS-201-022505.pdf
2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-I identity proofing process, including initiation and adjudication of the required background investiga-tion, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-II) requires badge issuance to all affected long-term contractors.
RFQP04071700001 Page 11 of 32
3. For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package.
4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations to OPM. Per OPM ' s instructions, to obtain an Advance NAC Report, a Code " 3" must be placed in block " B " of the " Agency Use Only " section of the investigative form. This report is available for all case types.
5.For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package.
[End of Clause]
52.242-1502 (AGD 11-004) Evaluation Of Contractor Performance Utilizing CPARS (Apr 2011)
The services, although not directly supervised, shall be reviewed by Federal Bureau of Prisons (BOP) staff to ensure contract compli-ance. The contractor's performance will be evaluated in accordance with FAR 42.15. Contract monitoring reports will be prepared by the Contacting Officer's Representative (COR) and maintained in the contract file.
In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit it to the Past Performance Information Retrieval System (PPIRS). The BOP utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to provide contractor performance evaluations. The contractor shall provide and maintain a current e-mail address throughout the life of the contract. The contractor will receive an e-mail from the Focal Point thru the following website addresswebptsmh@navy.milwhen the contract is registered in CPARS. The e-mail will contain a "user ID" and temporary password to register in the CPARS system. The contractor must be registered to access and review its evaluation and/or provide a response. If assistance is required when registering, please contact the Contracting Staff/Focal Point.
(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 aware-ness of and safety for victims of domestic violence, sexual assault, and stalking. This policy is summarized in DOJ Policy State-ment
1200.02 (Policy Statement), available in full for public viewing at ht-tp://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, in-cluding 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. The Procurement Executive at 320 First Street, N.W. Room 5005, Washington, D.C. 20534 shall serve as the Bureau of Prisons’ Point of Contact for Victims of domestic viol-ence, sexual assault, and stalking for the services provider under this contract. Contractor agrees to inform its employees and employ-ees 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 Clause]
[END OF ADDENDUM TO FAR 52.212-4]
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (12.301(b)(4)) Nov 2016
(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:
(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(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) (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 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.
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).
RFQP04071700001 Page 12 of 32
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] XX (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
XX (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 Pro-posed for Debarment (Oct 2015) (31 U.S.C. 6101 note).
XX (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)).
XX (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2016) (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 (Nov 2011) (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)).
___ (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).
XX (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).
XX (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 commer-cially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further dir-ection.
___ (35) 52.222-59,…
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