Solid_Waste_Removal_-_USMCFP_Springfield.pdf

U.S. Department of Justice

Federal Bureau of Prisons Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

November 9, 2015

RE: RFQP04141500050, Solid Waste Removal Service Federal Bureau of Prisons United States Medical Center for Federal Prisoners (USMCFP), Springfield, Missouri

Dear Quoter:

This solicitation package has been prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the acquisition of Solid Waste Removal Services. This solicitation contains all necessary information for submitting a quote for evaluation for providing solid waste removal services for USMCFP Springfield, MO.

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

All potential quoters are advised that this solicitation includes the clause at FAR 52.212-4, Contract Terms and Conditions-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 quotes.

The Contracting Officer will verify registration in the SAM database prior to award by entering the 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.

If you have questions about the System for Award Management (SAM), Government procurements in general, or need assistance in the preparation of your quote, a local Procurement Technical Assistance Center (PTAC) may be able to help. The Procurement Technical Assistance Program was authorized by Congress in 1985 in an effort to expand the number of businesses capable of participating in the Government marketplace. To locate a PTAC near you, go to http://www.aptac-us.org.

Quotes shall be received on or before January 7, 2015 at 2:00 pm Central Standard Time. Quotes shall be submitted electronically in the form of a .pdf file to the following email address:

pbaker@bop.gov

Quotes received after the deadline for receipt of quotes will be handled in accordance with FAR 52.212-1(f). Faxed quotes will not be accepted.

Please place any questions you may have in writing and e-mail to pbaker@bop.gov. We will consider all questions received and provide responses where appropriate.

Sincerely, //s//

Paul Baker, Contract Specialist Federal Bureau of Prisons Field Acquisition Office

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

RFQP04141500050

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

11/09/2015

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME

Paul Baker pbaker@bop.gov

b. TELEPHONE NUMBER (No collect calls)

972-352-4540

8. OFFER DUE DATE / LOCAL

TIME

01/07/2016 14:00:00

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 X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 562111

SIZE STANDARD: $38,500,000

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

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

BSPGCODE15. DELIVER TO

Federal Bureau of Prisons USMCFP Springfield 1900 West Sunshine Facilities Department Springfield, MO 65807-2240

CODE BSPG16. ADMINISTERED BY

Federal Bureau of Prisons USMCFP Springfield PO Box 4000 Attn: Contracting Office Springfield, MO 65801-4000

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

BSPGCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons USMCFP Springfield PO Box 4000 Attn: Accounts Payable Springfield, MO 65801-4000

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 USMCFP Springfield (See Section 2)

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

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

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

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

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

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

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

Paul Baker

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

RFQP04141500050 Page 1 of 29

BOP01414

Typewritten Text

BOP01414

Typewritten Text

BOP01414

Typewritten Text

BOP01414

Typewritten Text

XXXXXXX

BOP01414

Typewritten Text

BOP01414

Typewritten Text

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

RFQP04141500050 Page 2 of 29

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2.1 Schedule Continued

2.2 Statement of Work

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) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) 52.21-603-70 Contracting Officer's Representative (COR) (June 2012)

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)

52.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR

2011) 52.212--5 Contract Terms and Conditions Required to Implement Statutes or Executive Order--Commercial Items (October 2015)

4 List of Attachments

4.1 Special Contract Conditions

5 Solicitation Provisions

5.1 Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items 52.233-2 Service of Protest (Sept 2006) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)

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

52.212--3 Offeror Representations and Certifications--Commercial Items (October 2015)

5.3 Business Management Questionnaire

RFQP04141500050 Page 3 of 29

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Year: EDOA through September 30, 2016.

24 yd compactor - Emptied Weekly

26.000000 EA $____________ $___________________

0002 Base Year: 42 yd translifter, Emptied Weekly 26.000000 EA $____________ $___________________

0003 Base Year: 40 yd open box top container, Call for pull 6.000000 EA $____________ $___________________

0004 Base Year: 4 yd front load roll-off container - Emptied twice weekly 52.000000 EA $____________ $___________________

0005 Base Year: Rental of 40 yd open box top container 6.000000 MO $____________ $___________________

0006 Base Year: Rental of 4 yd front load roll-off container 6.000000 MO $____________ $___________________

0007 Option Year 1: 24 yd compactor - Emptied Weekly

Line Period of Performance: 10/01/2016 - 09/30/2017

52.000000 EA $____________ $___________________

0008 Option Year 1: 42 yd translifter, Emptied Weekly 52.000000 EA $____________ $___________________

0009 Option Year 1: 40 yd open box top container, Call for pull 12.000000 EA $____________ $___________________

0010 Option Year 1: 4 yd front load roll-off ctn - Emptied twice weekly 104.000000 EA $____________ $___________________

0011 Option Year 1: Rental of 40 yd open box top container 12.000000 MO $____________ $___________________

0012 Option Year 1: Rental of 4 yd front load roll-off container 12.000000 MO $____________ $___________________

0013 Option Year 2: 24 yd compactor - Emptied Weekly

Line Period of Performance: 10/17/2017 - 09/30/2018

52.000000 EA $____________ $___________________

0014 Option Year 2: 42 yd translifter, Emptied Weekly 52.000000 EA $____________ $___________________

0015 Option Year 2: 40 yd open box top container, Call for pull 12.000000 EA $____________ $___________________

0016 Option Year 2: 4 yd front load roll-off ctn - Emptied twice weekly 104.000000 EA $____________ $___________________

0017 Option Year 2: Rental of 40 yd open box top container 12.000000 MO $____________ $___________________

0018 Option Year 2: Rental of 4 yd front load roll-off container 12.000000 MO $____________ $___________________

0019 Option Year 3: 24 yd compactor - Emptied Weekly

Line Period of Performance: 10/01/2018 - 09/30/2019

52.000000 EA $____________ $___________________

0020 Option Year 3: 42 yd translifter, Emptied Weekly 52.000000 EA $____________ $___________________

0021 Option Year 3: 40 yd open box top container, Call for pull 12.000000 EA $____________ $___________________

0022 Option Year 3: 4 yd front load roll-off ctn - Emptied twice weekly 104.000000 EA $____________ $___________________

0023 Option Year 3: Rental of 40 yd open box top container 12.000000 MO $____________ $___________________

0024 Option Year 3: Rental of 4 yd front load roll-off container

12.000000 MO $____________ $___________________

RFQP04141500050 Page 4 of 29

0025 Option Year 4: 24 yd compactor - Emptied Weekly

Line Period of Performance: 10/01/2019 - 09/30/2020

52.000000 EA $____________ $___________________

0026 Option Year 4: 42 yd translifter, Emptied Weekly 52.000000 EA $____________ $___________________

0027 Option Year 4: 40 yd open box top container, Call for pull 12.000000 EA $____________ $___________________

0028 Option Year 4: 4 yd front load roll-off ctn - Emptied twice weekly 104.000000 EA $____________ $___________________

0029 Option Year 4: Rental of 40 yd open box top container 12.000000 MO $____________ $___________________

0030 Option Year 4: Rental of 4 yd front load roll-off container 12.000000 MO $____________ $___________________

Total Quote for the Base Period and Four Option Years: ____________________ EA = Pull MO = Month

2.1 Schedule Continued

Please complete the above information when preparing your quote for the base year and all options years. Any resulting contract will be an indefinite delivery/requirements contract with firm-fixed unit prices. As such, quantities listed are estimates only and are not a representation to an offeror or Contractor that the estimated quantities will be required or ordered or that conditions affecting require-ments will be stable or normal (FAR 16.503(a)(1)). Quotes will be evaluated for award based upon price and contractor responsibil-ity.

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

NOTE: Award shall be made to the responsive/responsible offeror(s) submitting the lowest TOTAL OFFERED AMOUNT. Rate of remuneration will be based on an "each" rate, as well as a monthly charge. These prices will include all overhead, profit, dumping fees, administrative costs, etc., being charged by the Contractor.

2.2 Statement of Work

General The Federal Bureau of Prisons, Field Acquisition Office in Grand Prairie, TX intends to make a single award for the provision of Solid Waste Removal Services to a responsible Contractor who can provide the services in accordance with the requirements stated and all federal, state and local regulations. The Contractor shall provide complete trash removal services to include pick-up, haul, dump, and relocate solid waste for a base period of performance through September 30, 2016, with the government's unilateral right to award up to four (4), one (1) year option years to run consecutively.

Place of Performance The USMCFP Springfield is located at 1900 W. Sunshine, Springfield, Missouri 65807.

Equipment Compactors The USMCFP owns two (2) self-contained dumpsters/compactors (numbers 1 & 2 below). The 24 cubic yard compactor is located by the Food Service dock and will be emptied on a weekly basis. The Contractor will move the compactor on Tuesday afternoon between the hours of 2:00 pm to 3:00 pm to the West Gate area. The Contractor will remove the compactor on Wednesday morning at the West Gate between the hours of 7:30 am to 8:00 am, and return the emptied container within two (2) hours to the pad next to the Food Ser-vice dock. The 42 cubic yard translifter compactor is located within the West Gate area. This translifter compactor will be emptied on Thursdays, between the hours of 7:15 am to 7:45 am by a vehicle that has the capacity to haul this size compactor and return within two (2) hours. The Contractor shall provide complete trash removal services to include pick-up, haul, dump, and relocate. No rental will be required, these are Government owned equipment.

Open Top Container The Contractor shall make available a forty (40) cubic yard open box top Container (number 3) to be used for trash not suitable for the compactor. This is to be located behind the Garage building. The container is to be emptied on as needed basis, approximately once a month. The Contractor will return the emptied box within two (2) hours after pickup. A monthly rental charge shall apply to this con-tainer.

RFQP04141500050 Page 5 of 29

Open Top Unit The Contractor shall make available to the institution one (1), four (4) cubic yard load roll-off dumpsters for rental (numbers 4 below).

This dumpster will be located at preferred housing (Camp). The dumpster located at the Camp will be emptied on Monday and Thursday each week. A rental charge per month shall apply to the dumpster. Additional pickups could result on a will call basis during periods of heavy use or special activities.

The rental compactors and dumpsters shall be standard commercial-industrial type made of heavy gauge metal construction and de-signed for mechanized handling. The containers shall be freshly painted at the start of the contract and periodically during the term of the contract to maintain a pleasant appearance. The Contractor's name and local phone number shall be prominently displayed on the containers. The Contractor shall perform all maintenance, repair, and cleaning of all equipment and components associated with the container.

Rentals The Contractor will be required to replace those containers/dumpsters that are rentals.

Contractor Vehicles The Contractor shall use vehicles specifically designed for refuse collection and which do not permit loss of refuse. The Contractor shall have sufficient equipment for execution of this contract.

Schedules and Pick-up Trash Pick-up Trash will not be segregated prior to pick-up. The "contents" of the compactor including all garbage, refuse and trash inside, resting upon or in the immediate vicinity of the compactor and that which might be spilled by collectors during pick-up, shall be thoroughly and completely collected. The compactor's waste material will consist of solid and/or wet waste from food service and other depart-ments within the institution. The pick-up schedule may be altered to meet the needs of the institution and USMCFP Springfield may require additional pulls and will notify the Contractor in advance as needed. The Contractor must, upon notification of USMCFP Springfield, complete the additional pulls within 24 hours. Extra pull charges will not differ from the normal contracted rate.

Pick-up Schedule: Location Schedule

1. 24 cu yd compactor Food Service Sallyport to West Gate Tues 2-3 pm, remove trash Wed 7:30 to 8:00 am

2. 42 cu yd translifter compactor West Gate (rear entrance) Thurs., 7:15 am - 7:45 am

3. 40 yd open top container Garage area Monthly, on call

4. 4 cu yd open top dumpster Camp weekly, Monday and Thursday

Removal and Disposal: The trash shall be removed and disposed of outside Government premises. The disposal method shall be in ac-cordance with Local, State and Federal Government Health and Sanitation Codes and Regulations. The disposal of waste shall be in a legally and environmentally safe manner. The Contractor shall provide written documentation stating that the approved landfill meets all Federal, State, and Local city regulations. USMCFP Springfield will not be responsible for any motor vehicle violations due to the weight of vehicles or falling debris from vehicle.

The trash shall be removed and disposed of outside Government premises. The disposal method shall be in accordance with Local, State and Federal Government Health and Sanitation Codes and Regulations. The disposal of waste shall be in a legally and environ-mentally safe manner. The Contractor shall provide written documentation stating that the approved landfill meets all Federal, State, and Local city regulations. USMCFP Springfield will not be responsible for any motor vehicle violations due to the weight of vehicles or falling debris from vehicle.

Cleanliness of Collection Area

Cleanliness of Collection Area Collection stations shall be left in a neat and orderly manner. All solid waste in the vicinity of the collection area, including spillage and waste left or spilled in the area by the contractor user, shall be picked up by the Contractor, including all areas within ten (10) feet of containers.

Receipts / Invoices The Contractor shall provide copies of all weight slips and destination slips of all trash removed from USMCFP Springfield. The re-ceipts shall be addressed to the Accounting Department at the Institution and shall be sent with the invoice for each month. The weight slips are not a basis for payment, they are for record keeping purposes. Each invoice shall provide tonnage amount, day of pick-up, and total amount charged for each unit.

Inclement Weather Schedule Refuse shall be collected as scheduled during inclement weather unless specific approval to delay is requested by the Contractor and approved by the Contracting Officer.

Holiday Schedule When a scheduled collection falls on a Federal Holiday, the pick-up shall be made the following day at the regularly scheduled time at no additional cost to the Government.

RFQP04141500050 Page 6 of 29

Contract Completion Upon completion of this contract, all Contractor furnished equipment must be removed from the Institution before the final invoice can be paid.

Continuity of Services To ensure continuity of essential services, the Contractor shall be prepared to fully commence work on the start date of the contract and should not assume that Government or previous Contractor employees will be available to guide, direct or specifically orientate each Contractor employee.

Miscellaneous Information In accordance with the Federal Bureau of Prisons Acquisition Policy, Part 37.103 (c) the following provisions are applicable to the work being performed in this contract. The service is a contractual arrangement and not a personal appointment; payment is based on the provision of an end product or the accomplishment of a specific result; the service does not constitute an employer/employee rela-tionship; and the contractor will not be subject to Government supervision, except for security related matters. However, contractor performance shall be closely monitored.

Pursuant to FAR 52.212 (b), Evaluation - Commercial Items, offerers are reminded that evaluation shall be inclusive of the Base year and option years combined. Pursuant to FAR 17.203 (d), offerers may offer varying prices for option years.

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

RFQP04141500050 Page 7 of 29

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/far

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)

52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)

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

52.232-18 Availability Of Funds (Apr 1984)

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

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (Apr 1984)

52.253-1 Computer Generated Forms (Jan 1991)

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)

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

RFQP04141500050 Page 8 of 29

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

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

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

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in 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 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-21 Requirements (Oct 1995)

(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 the last day of the effective performance period.

(End of clause)

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Of-ficer may exercise the option by written notice to the Contractor within prior to the expiration of the current performance period.

(End of clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within prior to the expiration of the cur-rent performance period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least

RFQP04141500050 Page 9 of 29

60 days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years.

(months)(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 Truckdriver, Medium $17.27 Plus Fringe Benefits Truckdriver, Heavy $18.41 Plus Fringe Benefits

(End of clause)

52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984)

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

(End of clause)

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)

RFQP04141500050 Page 10 of 29

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

(a)Kenny Reese , General Maintenance Foreman , USMCFP Springfield, MO, 417-862-7041, 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.

52.27-103-72 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 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:

RFQP04141500050 Page 11 of 29

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.

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]

52.242-71 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 address webptsmh@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)

RFQP04141500050 Page 12 of 29

52.212--5 Contract Terms and Conditions Required to Implement Statutes or Executive Order--Commercial Items (October 2015)

(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 of Contracting with Inverted Domestic Corporations (Dec 2014)

(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(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. 253g 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 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XX(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C.

6101 note).

__ (5) [Reserved] __ (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (PUB. L. 111-117, section 743 OF DIV. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (PUB. L. 111-117, section

743 OF DIV. C).

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

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

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

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

XX(12) 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).

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

__ (ii) Alternate I (Nov 2011) of 52.219-6.

__ (iii) Alternate II (Nov 2011) of 52.219-6.

__ (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 (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

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

__ (iv) Alternate III (Oct 2015) of 52.219-9.

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

__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcon-tracting 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. 657 f).

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 Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). .

__ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). .

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

__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

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

XX (28) 52.222-26, Equal Opportunity (April 2015) (E.O. 11246).

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

XX (30) 52.222-36, Affirmative Action for Workers with Disabilities (July 2014) (29 U.S.C. 793).

XX (31) 52.222-37, Employment Reports on Veterans (OCT 2015) (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) 52.222-50, Combating Trafficking in Persons (March 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

XX (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of

RFQP04141500050 Page 13 of 29 commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C.

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

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

__ (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (June 2014) (E.O. 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Television (June 2014) (E.O. 13423 and 13514).

__ (ii) Alternate I (June 2014) of 52.223-14.

__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (39)(i) 52.223-16, Acquisition of EPEAT-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (June 2014) of 52.223-16.

XX (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.13513).

__ (41) 52.225-1,…