RFQP05071600006_Final.pdf

U.S. Department of Justice

Federal Bureau of Prisons Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

February 12, 2016

RE: RFQP05071600006

Federal Correctional Institution (FCI), El Reno, OK

Dear Quoter:

Accompanying this cover letter is a Request for Quotation (RFQ) prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the acquisition of Bio-Mass Fuel (Wood Chips) supply and Waste By-Product (Wet Ash) removal for Federal Correctional Institution, El Reno, OK. This package contains all the necessary information for submitting a request for quote for evaluation.

All potential quoters are advised that this solicitation includes the clause FAR 52.212-4 and FAR 52.212-3 for Commercial Items. These clauses require all Contractors doing business with the Federal Government to be registered in System for Award Management (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 you. 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.

All quotations must be received on or before the deadline of March 8, 2016 at 2:00 P.M. Central Standard Time. Quotations shall be submitted to the following address:

Federal Bureau of Prisons Field Acquisition Office U.S. Armed Forces Reserve Complex ATTN: Chico O. Solis, Contract Specialist 346 Marine Forces Drive Grand Prairie, Texas 75051 http://www.aptac-us.org/

Mailed quotes must be delivered to the Contracting Officer at the address shown above no later than the time specified as the deadline for receipt of quotes. Emailed quotes will be accepted to csolis@bop.gov in .pdf format only and will be deemed received as indicated on the email notification. Emails rejected by filters are not the responsibility of the Government. Please do not submit quotes to any location other than the one listed above. Quotes received after the quote deadline will be handled in accordance with FAR 52.212-l (f). No faxed quotes will be accepted.

Should you have any questions, please make these inquires in writing. Questions may be submitted via facsimile at (972) 352-4545, or e-mailed to csolis@bop.gov.

Sincerely, //s// Chico O. Solis, Contract Specialist Federal Bureau of Prisons Field Acquisition Office mailto:csolis@bop.gov mailto:csolis@bop.gov

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

RFQP05071600006

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

02/18/2016

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME

Chico Solis csolis@bop.gov

b. TELEPHONE NUMBER (No collect calls)

(O) 972-352-4537 (F) 972-352-4545

8. OFFER DUE DATE / LOCAL

TIME

03/08/2016 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 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: 321113

SIZE STANDARD: 500

Employees

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

BERECODE15. DELIVER TO

Federal Bureau of Prisons FCI El Reno P.O. Box 1000 4205 US Hwy 66 West El Reno, OK 73036

CODE BERE16. ADMINISTERED BY

Federal Bureau of Prisons FCI El Reno P.O. Box 1000 4205 US Hwy 66 West El Reno, OK 73036

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

BERECODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCI El Reno

PO BOX 1000

4205 HIGHWAY 66 WEST

El Reno, OK 73036

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

To provide Bio-Mass Fuel (Wood Chips) supply and Waste By-Product (Wet Ash) removal at FCI El Reno, Oklahoma.

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)

Chico Solis

31c. DATE SIGNED

02/18/2016

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

RFQP05071600006 Page 1 of 39

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

RFQP05071600006 Page 2 of 39

RFQP05071600006 3

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 Ordering 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) 52.21-603-70 Contracting Officer’s Representative (COR) (June2012) 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) 52.27-103-72 DOJ Contractor Residency Requirement Bureau of Prisons (June 2004) DJAR-PGD-15-02-2A Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - Award (DEVIATION 2015-02) (March 2015) DJAR-PGD-15-02-2B Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Award - (DEVIATION 2015-02) (March 2015) 52.242-71 Evaluation of Contractor Performance Utilizing CPARS (Apr 2011) 52.252-6 Authorized Deviations in Clauses 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Nov 2015)

4 List of Attachments

4.1 Special Contract Conditions

5 Solicitation Provisions 52.233-2 Service of Protest (Sept 2006) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)

5.1 Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items (Apr 2014) 52.27-103-71 Faith-Based and Community-Based Organizations (Aug 2005) DJAR-PGD-15-02-1A Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - (DEVIATION 2015-02) (March 2015) DJAR-PGD-15-02-1B Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Solicitation - (DEVIATION 2015-02) (March 2015) 52.252-5 Authorized Deviations in Provisions (Apr 1984) 52.212-3 Offeror Representations and Certifications – Commercial Items (Mar 2015)

RFQP05071600006 4

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Year: Effective Date of Award (EDOA) through 12 Months from EDOA (estimated maximum).

3,000.000000 TN $ $

Provide Biomass Fuel (Wood Chips) for FCI El Reno (estimated 3,000 tons per year)

0002 Base Year: Effective Date of Award (EDOA) through 12 Months from EDOA (estimated maximum).

4.000000 CO $ $

Provide removal of Waste-By-Product (Wet Ash) for FCI El Reno (estimated 20 yard container per year)

0003 Option Year One: 13 Months from EDOA through 24 Months from EDOA (estimated maximum)

3,000.000000 TN $ $

Provide Biomass Fuel (Wood Chips) for FCI El Reno (estimated 3,000 tons per year)

0004 Option Year One: 13 Months from EDOA through 24 Months from EDOA (estimated maximum)

4.000000 CO $ $

Provide removal of Waste-By-Product (Wet Ash) for FCI El Reno (estimated 20 yard container per year)

0005 Option Year Two: 25 Months from EDOA through 36 Months from EDOA (estimated maximum)

3,000.000000 TN $ $

Provide Biomass Fuel (Wood Chips) for FCI El Reno (estimated 3,000 tons per year)

0006 Option Year Two: 25 Months from EDOA through 36 Months from EDOA (estimated maximum)

4.000000 CO $ $

Provide removal of Waste-By-Product (Wet Ash) for FCI El Reno (estimated 20 yard container per year)

0007 Option Year Three: 37 Months from EDOA through 48 Months from EDOA (estimated maximum)

3,000.000000 TN $ $

Provide Biomass Fuel (Wood Chips) for FCI El Reno (estimated 3,000 tons per year)

0008 Option Year Three: 37 Months from EDOA through 48 Months from EDOA (estimated maximum)

4.000000 CO $ $

Provide removal of Waste-By-Product (Wet Ash) for FCI El Reno (estimated 20 yard container per year)

0009 Option Year Four: 49 Months from EDOA through 60 Months from EDOA (estimated maximum)

3,000.000000 TN $ $

Provide Biomass Fuel (Wood Chips) for FCI El Reno (estimated 3,000 tons per year)

0010 Option Year Four: 49 Months from EDOA through 46 Months from EDOA (estimated maximum)

4.000000 CO $ $

Provide removal of Waste-By-Product (Wet Ash) for FCI El Reno (estimated 20 yard container per year)

2.1 Schedule Continued

Total for base year and 4 option years $______________________________________

Quoters are required to submit, as part of their quote, a completed copy of the Schedule of Supplies/Services Schedule. The contract rate shall include all charges for providing the bio-mass fuel and wet ash removal services. Contract pricing shall include all charges to the Government for providing these supplies required by the solicitation/contract. The quantity of supplies to be provided by the contractor is estimated above in Section 2.These estimates are not a representation to a quoter or contractor that the estimated quantities will be required or ordered, or that conditions affecting requirements will remain stable or normal. Contract pricing shall be based on a price for each item. Quoters are required to submit a completed copy of Section 2 located above, inclusive of the base year and option periods.

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

Due to services being subject to the Service Contract Act, the Department of Labor has issued a wage determination for this requirement. See Attachment. The wage determination is applicable to occupation code 31363, Truck Driver, Heavy Duty.

2.2 Statement of Work

RFQP05071600006 5

Overview The Federal Bureau of Prisons (BOP), Field Acquisition Office, Grand Prairie, Texas intends to make a single award of an indefinite delivery/requirements type contract with firm fixed prices to a responsible contractor for the provision of Biomass Fuel (Wood Chips) delivery and Waste By-Products (Wet Ash) Removal for the Federal Correctional Institution (FCI) El Reno, located in El Reno, Oklahoma. The Government reserves the right to award without discussions and to award as a single award. Therefore each initial quote should contain the quoter’s best terms from a cost or price standpoint. The base period of performance shall begin on the effective date of award through 12 months after the effective date of award, with the Government’s unilateral right to exercise four, 12 month option periods. The General Information regarding the BOP, its facilities, and referenced Program Statements can be located at www.bop.gov

Place of Performance The contractor shall deliver untreated Biomass Fuel (Wood Chips) and remove Waste By-Products (Wet Ash) from the Federal Correctional Institution at 4205 Highway 66 West, El Reno, Oklahoma 73036.

Hours of Delivery The working hours for the delivery of this product will be regularly scheduled during a five (5) day work week, Monday through Friday. Each work day will be between the hours of 7:30 a.m. and 3:00 p.m.

Supplies and Equipment Quoter’s shall furnish the following; untreated bio-mass woodchips, ("hogged" fuel) to the Federal Correctional Institution, Powerhouse in El Reno, Oklahoma. Quoted prices for wood chips shall be per ton and shall be the delivered price. Included in this contract is the removal of the Waste By-Product (Wet Ash) by load, produced by the burned wood chips. The contractor shall make deliveries and/or pick-ups as scheduled or needed and shall furnish and or install Contractor owned containers/equipment at the Powerhouse.

The contractor shall furnish one (1) forty (40) yard open top container and one (1) twenty (20) yard container both at the Federal Correctional Institution Powerhouse, one for oversized Wood Chips (40 yard) and the second for the Waste By-Product (Wet Ash) (20 yard).

The delivery of untreated woodchips will be made by full loads only and in trucks/trailers, provided by the supplier. Walking floor (live bottom) trailers are preferred although other delivery vehicles may be acceptable. All delivery vehicles are subject to BOP approval. It is the vendor's responsibility to meet any space limitations (turning radius, height, width, etc.) that may exist at the delivery site.

Ordering and Delivery The contractor shall agree to deliver untreated biomass woodchips to the Federal Correctional Institution, Powerhouse, El Reno, Oklahoma. The quoted price shall be per ton of woodchips, to include any delivery fees. The Institution will have a need for a minimum of 3,000 tons of biomass woodchips per year. The minimum amount of waste by-product (wet ash) removal is 20 cubic yards and the maximum amount is 80 cubic yards per year. The Contractor will provide such chips upon receiving written orders from the Contracting Officer. The supplier agrees to be prepared to begin deliveries within ten (10) days of contract award and make deliveries within three (3) days of receiving an order, unless other arrangements are agreed upon by both parties.

Anticipated date of award is March 15, 2016 with one (1) base year and four (4) option years.

Deliveries shall be in full load or near full load increments. Each load shall be accompanied by a vendor provided delivery/load ticket in an original and one copy.

The load ticket shall include:

• Company name

• Company address

• Date of the delivery

• Contact telephone number

• Load ticket number (assigned by contractor)

• Load/scale ticket date (if weight scale/tickets are used)

• Gross and net weight (to the nearest pound and tenth of a ton) (if weight tickets are used)

RFQP05071600006 6

Each load of untreated woodchips will be inspected, received and accepted by an FCI El Reno Government staff representative.

Government staff shall review the delivery ticket and conduct a visual inspection of every load delivered, before unloading begins, to visually assess the fullness of the delivery trailer and quality, i.e. moisture, BTU value, contaminates, etc., of the supplies being offered for delivery. The Government representative shall make a visual comparison of the tonnage/quantities stated on the delivery ticket with an observation of delivery trailer before unloading begins.

Alternate procedures that can be used if vendor does not have certified scales.

The Government may, at its option, require that each load of untreated woodchips be accompanied by a weight scale ticket from a state certified scale or the Government may approve alternate procedures if the selected vendor does not have a certifiable scale on company premises or if providing scale tickets will increase the unit cost of the woodchips. If scales are not available and weighing each load is not feasible, the vendor may propose to provide two initial check weights (one for empty and one for loaded) for each truck/trailer configuration/size in vendor's delivery vehicle fleet on certified scales. The empty/loaded weights shall be obtained from certified weight scales and may be witnessed by Government staff. Records of the empty/loaded weigh-in, shall identify each trailer proposed for making deliveries by VIN and/or trailer number. Each trailer shall have a clearly visible, prominently displayed permanent trailer number that shall be provided to FCI El Reno to be kept on file for future deliveries. The Government may require empty/loaded weighing be accomplished at any time during the term of the contract by giving reasonable notice of place and time for such weighing.

The vendor shall arrange for and pay for all weight testing; however, the facility/scale conducting the weight certification is subject to the approval of the Government. The Government and vendor shall agree upon the weight that will be credited to each full trailer delivered. The procedures for receiving delivery of woodchips using this alternative procedure shall follow the same visual inspection as when weight tickets are provided, only the Government inspector will verify the delivery trailer empty/loaded weights (on file) with each delivered load and establish the delivered quantity accordingly.

Testing of Biomass Fuel Samples Supplier shall be responsible for quality control and assuring that woodchip supplies meet fuel specification standards. However, the Government shall have the right, but not the obligation to monitor and test the biomass fuel for compliance with woodchip specifications. The Government may remove samples of delivered biomass woodchips at any time for purposes of quality assurance testing. Collected sample may be forwarded to a testing laboratory of the Government's choice for analysis. The collection of wood chip samples shall be conducted by FCI El Reno designated personnel. FCI El Reno shall bear the costs of analyzing the samples.

Samples that do not meet the enclosed Woodchip Specifications shall be cause for rejection of subject or subsequent deliveries.

Supplier may have additional confirmatory analysis testing conducted with a testing facility of the Supplier's choice. Supplier shall bear all costs for all such additional testing. No payment shall be due for rejected woodchips.

Woodchip Specifications The Specifications for each and every load of woodchips delivered by the Contractor are as follows:

Species: Hardwood & Softwood Type: In-Woods Chips, Mill Residues, & Grindings Preferred Material Size: Greater than 1/8 " but less than 2 " in any dimension

Acceptable Material Size:

Less than 2 " width \ diameter and Less than 4 " in length (Maximum size would be 2" X 2" X 4")

Fines (<1/8 " x 1/8 ") Less than 25.0% by weight Oversize (>2.0 " x 2.0 ") Less than 5.0% by weight Moisture Content (As Received)

Less than 10.0%

Ash Content: Less than 4.0% Btu Value \ lb (@ 0% Moisture):

Greater than 7,800

Contaminates: Any loads with any foreign / tramp material (metal, plastic, rubber, rocks, concrete, mortar, glass, fossil fuel residue and\or chemical residue, etc.) will be rejected.

Other: All loads must be covered / tarped until they reach the unloading / staging area.

NOTE: BOP should reserve the right to reject or deduct for any load(s) not meeting material specifications.

NOTE: Ameresco/Installer reserves the right to verify the fuel meets minimum specifications to assure equipment performance guarantees

RFQP05071600006 7

Equipment All vehicles, when parked and unattended shall be locked and/or disabled to prevent unauthorized use. All incoming and outgoing vehicles will be subject to be searched by a Bureau of Prisons employee. Institution officers must be able to inspect the entire vehicle to his/her satisfaction that contraband is not being introduced into the institution and to prevent an escape. The Contractor shall not leave any such vehicle/equipment running while unattended.

All materials located within the waste container upon removal become the property and responsibility on the Contractor. All licenses, permits and fees related to the removal and waste disposal shall be the responsibility of the Contractor and copies of these may be required prior to contract performance. The Contractor shall ensure that all units removed from the FCI are cleaned when returned. In the event the waste is stuck in the waste unit, the Contractor is responsible for emptying the unit. The Contractor shall be responsible for all spills and related clean-up costs when spills occur as a result of contractor equipment failure or contractor negligence. Contractor shall ensure dumpster container locations are clean prior to removing the container from the area.

Safety All Contractors and employees shall have and wear the required personal protective equipment prescribed by industry standards at all times while on the job site. It is the responsibility of the contractor to provide such equipment.

Risk of Loss The Contractor assumes the full risk of and responsibility of any loss, destruction or damage occurring to Contractor provided equipment, except such loss or damage as may be attributable to the institution by reason of the negligence of its employees while acting within the scope of their employment.

Other Considerations The contractor is solely responsible for all compliance with all federal, state, and local health and sanitation codes and regulations to include Environmental Protection Agency regulations. In the event that two or more of the regulations conflict, the more restrictive of the regulations shall apply. The contractor shall provide written documentation stating that the disposal location for the Waste By- Product meets all federal, state, and local regulations. Quoters must possess the required city, county, state, and federal permits as required to haul waste. Costs associated with maintaining these permits throughout the life of the resulting contract are the sole responsibility of the contractor. Copies of these documents will be requested prior to the award of the contract.

RFQP04061600004 8

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)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015)

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

52.224-1 Privacy Act Notification (Apr 1984)

52.224-2 Privacy Act (Apr 1984)

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)

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 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 load, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

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

http://www.acquisition.gov/far

RFQP04061600004 9

(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 Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

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

(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 under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

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

(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 Officer may exercise the option by written notice to the Contractor prior to expiration of the current contract period.

(End of clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor prior to 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 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

RFQP04061600004 10

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 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 Truck Driver Heavy 23.74

(End of clause)

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

Robert Rawlings, Engineering Tech, FCI El Reno, (405) 319-7447, is hereby designated as the Contracting Officer's Representative (COR) under this contract.

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

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

52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

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

(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 hazardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other material or working condition designated by the Contracting Officer's Technical Representative (COTR) as potentially hazardous and requiring safety controls.

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

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

(d) If during the performance of the work under this contract, the contractor or any of its employees, or subcontractor employees, 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 constitute a dispute under the Disputes clause of this contract.

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

RFQP04061600004 11

(End of Clause)

52.27-103-72 DOJ 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 commitment, individuals or contractor employees providing services must have:

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

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

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

If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current information regarding allied countries: http://www.opm.gov/employ/html/citizens.htm.

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

(End of Clause)

DJAR-PGD-15-02-2A Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - Award (DEVIATION 2015-02) (March 2015)

(a) None of the funds made available by the Department's current Appropriations Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with 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 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, 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 necessary to protect the interests of the Government.

(b) By accepting this awarded 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-15-02-2B 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 statements prohibiting or otherwise restricting such employees 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)

BOP 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 http://www.opm.gov/employ/html/citizens.htm

RFQP04061600004 12

compliance. 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.mil when 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)

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 deviation is indicated by the addition of (DEVIATION) after the date of the clause.

(b) The use in this solicitation or contract of any Justice Acquisition Regulation. (28 CFR clause) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.

(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 (Feb 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 and 108-78 (19 U.S.C. 3805 note)).

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

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

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

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (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.

(12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects mailto:webptsmh@navy.mil

RFQP04061600004 13

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 Set-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 (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)).

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. 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).

XX (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 (Apr 2015).

XX (28) 52.222-26, Equal Opportunity (Apr 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, Equal Opportunity for Workers with Disabilities (Jul 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) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

(35)(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 (Jun 2014) (E.O.s 13423 and 13514).

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

(37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 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 (Jun 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, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

(42)(i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

RFQP04061600004 14

(ii) Alternate I (May 2014) of 52.225-3.

(iii) Alternate II (May 2014) of 52.225-3.

(iv) Alternate III (May 2014) of 52.225-3.

(43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (50) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Jul 2013) (31 U.S.C. 3332).

(51) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being…