RFQP05091400001.pdf

Re: RFQP05091400001 Federal Bureau of Prisons

U.S. Department of Justice Federal Bureau of Prisons .

Field Acquisition Office

U.S. Armed Forces Reserve Complex Grand Prairio, Toxas 7505 I December .31, 201.3

Federal Correctional Institution, Fort Worth, Texas

Dear Quoter:

Accompanying this cover Jetter is a Request for Quote (RFQ) prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the acquisition of Landfill Service for the Federal Correctional Institution in Fort Worth, Texas. This package contains all the necessary information for submitting a quote for evaluation.

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

All quotation must be received on or before the deadline ofFebruary 3, 2014 at 12:00 P.M. Quotation shall be submitted to the following address:

Federal Bureau ofPrisons Field Acquisition Office U.S. Armed Forces Reserve Complex ATTN: Teresa Cooper, Contract Specialist 346 Marine Forces Drive Grand Prairie, Texas 75051

Mailed or hand-carried quote must be delivered to the Contracting Officer or to the contracting office at the address shown above no later than the time specified as the deadline for receipt of quote. The official point for hand-carried quote will be the receptionist's area on the first floor of the address listed above. Please do not submit quote to any location other than the one listed above. Quotes received after the deadline will be processed pursuant to Federal Acquisition Regulation 52.212-1 (f). Faxed or emailed quotations are not authorized.

Should you have any questions, please make these inquires in writing. Questions may be submitted via facsimile at (972) 352-4545, ore-mailed to tlcooper@bop.gov. Any additional questions not addressed herein, please call me at (972) 352-4535.

Sincerely, /Is/ Teresa Cooper, Contract Specialist Federal Bureau ofPrisons Field Acquisition Office

Contract Claus es

Clauses by Refere nee

~2.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

~s contract incorpo rates one or more clauses by reference, with the same force and effect as if they were given in full text.

tracting Officer wil1 make their fuJI text available. Also, the full text of a clause may be accessed ~pon request, the Con

~lectronically at this/th ese address(es): www.acquisition.gov/far

52.253-1 omputer Generated Forms (Jan 1991)

52.242--13

52.232-18 vailability OfFunds (Apr 1984)

52.212--4 Contract Terms and Conditions- Commercial Items (12 .30 1 (b )(3)(Sept 20 13)

52.204-4 Printed or Copied Double-Sided on Recycled Paper (May 20 I I)

52.204--13 Systems for Award Management Maintenance (4.11 05(b) (Jul 2013)

Clauses by Full Te xt

52.216-18 Orderin g (Oct 1995)

(a) Any supplies an orders by the indivi d services to be furnished under this contract shall be ordered by issuance of delivery orders or task duals or activities designated in the Schedule. Such orders may be issued from the first day of the e period through the last day of the effective performance period. effective performanc

(b) All delivery orde rs or task orders are subject to the terms and conditions of this contract. In the event of conflict rder or task order and this contract, the contract shall control. between a delivery o

(c) If mailed, a deliv Orders may be issue

(End of clause) ery order or task order is considered "issued" when the Government deposits the order in the mail.

d orally, by facsimile , or by electronic commerce methods only if authorized in the Schedule.

52.216-19 Order Li mitations (Oct 1995)

(a) Minimum order.

than one each, the G

When the Government requires supplies or services covered by this contract in an amount of less overnment is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or ntract. services under the co

(b) Maximum order.

(1) Any order for as performance period;

(2) Any order for a c current performance

The Contractor is not obligated to honor-ingle item in excess of the estimated quantities identified in the Schedule ofltems within the current or ombination of items in excess of estimated quantities identified in the Schedule ofltems within the period; or

(3) A series of order s from the same ordering office within 30 days that together call for quantities exceeding the ph (b)( 1) or (2) of this section. limitation in paragra

( c )If this is a requi rements contract (i .e., includes the Requirements clause at subsection 52.216-21 of the Federal on (FAR)), the Government is not required to order a part of any of one requirement from the uirement exceeds the maximum-order limitations in paragraph (b) of this section.

Acquisition Regulati Contractor ifthat req

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

Upon receiving this notice, the Government may acquire the supplies or services from another source.

(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 contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

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

(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 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 prior to the expiration of the current performance period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of clause)

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

Funds are ~ot presently available,for p~rfo:mance under this contra~t beyond September 30 oft~e base year or any option yea~ ex~~ctsed. The G~>Vernment s obltgatt.on for performance of thts contract beyond that date ts contingent upon the avatlabtltty of appropnated funds from whtch payment for contract purposes can be made. No legal liability on the part of the Go~ernment for a~y paym~nt may arise for perf~rmance under this contract beyond September 30 of the base year or any optton year exerctsed , unttl funds are made avatlable 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)

52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION)

(AUG2012)

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b) Include the substance ofthis clause, including this paragraph (b), in all subcontracts with small business concerns. (c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(End of Clause)

52.212--5 Contract Terms and Conditions Required to Implement Statutes or Executive Order--Commercial Items (Nov 2013)

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

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

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

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

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

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being 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 (I) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) ( 41 U.S.C. 253g and 10 U.S.C. 2402).

_ (2) 52.203-13 , Contractor Code of Business Ethics and Conduct (Apr 201 0) (Pub. L. 110-252, Title VI, Chapter I (41 U.S.C. 251 note)).

_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of2009.)

XX( 4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 20 12) (Pub. L. 1 09-282) (31 U.S .C. 6101 note).

_ (5) 52.204-11 , American Recovery and Reinvestment Act-Reporting Requirements (July 2010) (Pub. L. 111-5).

XX (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).

XX_(7) 52.209-9, Updates ofPublicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C.

2313).

_ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations(May 2012) (section 738 ofDivision C of Public Law 112-74, section 740 of Division C ofPublic Law 111-117, section 743 ofDivision D ofPublic Law 111-8, and section 745 ofDivision D ofPublic Law 110-161).

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

_ (I 0) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

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

_ (ii) Alternate I (Nov 2011) of 52.2I9-6.

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

_ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (I5 U.S.C. 644).

_ (ii) Alternate I (Oct 1995) of52.2I9-7.

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

XX (14) 52.219-8, Utilization of Small Business Concerns (Jan 20I1) (I5 U.S.C. 637(d)(2) and (3)).

_ (I5)(i) 52.2I9-9, Small Business Subcontracting Plan (Jan 20II) (15 U.S .C. 637(d)( 4)).

_ (ii) Alternate I (Oct 200I) of52.2I9-9.

_(iii) Alternate II (Oct 200I) of52.2I9-9.

_ (iv) Alternate III (July 2010) of52.2I9-9.

_ (16) 52.2I9-I3 , Notice of Set-Aside of Orders (Nov 201I) (15 U.S.C. 644(r)).

_ (I7) 52.219-I4, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

_ (18) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan I999) (15 U.S.C. 637(d)(4)(F)(i)).

_ ( I9)(i) 52.2I9-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) I 0 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

_ (ii) Alternate I (June 2003) of52.219-23 .

_ (20) 52.2I9-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (DEC 20 I 0) (Pub. L. 103-355, section 7I02, and IO U.S.C. 2323).

_ (2I) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L.

103-355, section 7I02, and 10 U.S.C. 2323).

_ (22) 52.2I9-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 20 II) (15 U.S. C. 657 f) .

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

_ (24) 52.2I9-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr20I2) (15 U.S.C. 632(m)) .

. _ (25) 52.2I9-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the Women-Owned Small Business Program (Apr 2012) (15 U.S.C. 632(m)) ..

XX (26) 52.222-3 , Convict Labor (June 2003) (E.O. 1I755).

_ (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 20I2) (E.O. 13I26).

XX (28) 52.222-21 , Prohibition of Segregated Facilities (Feb I999).

XX (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 1I246).

XX (30) 52.222-35, Equal Opportunity for Veterans (Sept 20IO) (38 U.S.C. 42I2).

XX (3I) 52.222-36, Affirmative Action for Workers with Disabilities (Jun I998) (29 U.S.C. 793).

XX (32) 52.222-37, Employment Reports on Veterans (Sept 20IO) (38 U.S.C. 42I2).

XX (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 20IO) (E.O. I3496).

XX (34) 52.222-54, Employment Eligibility Verification (July 20I2). (Executive Order I2989). (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) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

_ (37)(i) 52.223-I6, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O.I3423).

(ii) Alternate I (Dec 2007) of 52.223-16.

XX (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 20II) (E.O.I3513).

_ (39) 52.225-I , Buy American Act- Supplies (Feb 2009) (41 U.S.C. IOa-IOd).

_ (40)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (NOV 20I2) (41 U.S .C. Chapter 83 , I9 U.S.C. 3301 note, I9 U.S.C. 2II2 note, I9 U.S.C. 3805 note, 19 U.S.C. 400I note, Pub. L. I03-I82, I08-77, 108-78, I08- 286, I08-302, I09-53 , 109-169, 109-283, 1I0-138, 112-41 , 112-42, and 112-43).

(ii) Alternate I (Mar 20I2) of 52.225-3.

_(iii) Alternate II (Mar 20 12) of 52.225-3.

_ (iv) Alternate III (NOV 2012) of 52.225-3.

(4I) 52.225-5, Trade Agreements (Nov 2012) (19 U.S.C. 250I , et seq., 19 U.S.C. 3301 note).

XX ( 42) 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).

_ ( 43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

( 44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) ( 42 U.S.C. 5150).

_ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S .C. 255(f), 10 U.S .C.

2307(f)).

_ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

XX (47) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (July 2013) (Oct 2003) (31 u.s.c. 3332).

_ (48) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (July 2013) 31 u.s.c. 3332).

_ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

_(50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_ (51)(i) 52.247-64, Preference for Privately Owned U.S.-Fiag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

_ (ii) Alternate I (Apr 2003) of52.247-64.

(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 incorporated in this contract by reference to implement provisions of Jaw or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] _ (1) 52.222-41 , Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351 , et seq.).

_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351 , et seq.).

_ (3) 52.222-43 , Fair Labor Standards Act and Service Contract Act- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351 , et seq.).

_ ( 4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

_ (5) 52.222-51 , Exemption from Application ofthe Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 351, et seq.).

_ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services- Requirements (Feb 2009) (41 U.S.C. 351 , et seq.).

_ (7) 52.222-17, Non-displacement of Qualified Workers (JAN 2013) (E.O. 13495).

_ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

_ (9) 52.237-11 , Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(l)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any ofthe Contractor' s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4. 7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(l) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(l) in a subcontract for commercial items.

Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility) , the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Non-displacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (I) ofF AR clause 72.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sept 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

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

_Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 71 04(g)).

(x) 52.222-51 , Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S .C. 351 , et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351 , et seq.).

(xii) 52.222-54, Employment Eligibility Verification (July 2012).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) ofF AR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Fiag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.242--71 Evaluation of Contractor Performance Utilizing CPARS

The services, although not directly supervised, shall be reviewed by the Federal Bureau of Prisons (BOP) staff to ensure contract compliance. The contractor' s performance will be evaluated in accordance with FAR 42.15. Contractor monitoring reports will be pre- pared by the Contracting Officer's Technical Representative (COTR) or Contracting Officer Representative (COR) and maintained in the file .

In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit 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 and e-mail from the Focal Point thru the following website address webptsmh@navy.mil when the contractor 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)

52-21-603-70 Contract Officer Representative

(a) Alkamy Rogers, Engineer Technician, FCI Fort Worth, 817-413-3168, is hereby designated as the Contractor Officer Representative at FCI Fort Worth under this contract.

(b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance, and certifying all invoice/vouchers for acceptance ofthe supplies or services furnished by 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 ofthe agreement. If as a result oftechnical discussions it is desirable to alter/change contractual obligations of the Scope of Work, the Contracting Officer shall issue such change.

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. (48 CFR Chapter 28) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.

(End of clause)

Department of Justice (DOJ) order 2640.2F prohibits the use of non-U.S. citizens in the performance of this contract or co~mitment for any position that i~volves access to or assisting in the development, operation, management, or mamtenance of any D<?J lnf?fl!latwn Technology System. By signing this contract or by beginning performance, the contractor agrees to thts restnctwn.

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, discovers 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 ofthat condition and, if necessary, the contract will be amended. Failure to agree on a course of action will constitute a dispute under the Disputes clause of this contract.

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

(End of Clause)

4.1 Special Contract Conditions

Type of Contract. The Government contemplates award of an Indefinite Delivery/Requirements type contract with firm fixed unit prices resulting from this solicitation. It is anticipated that the Date of Award resulting from this solicitation will be made approximately December 1, 2013 with an effective Date of Award February 3, 2014.

The resulting contract will include a base period estimated to be eight months in duration and four additional 12 month option year periods for renewal at the unilateral discretion of the Government. Quoters are advised that the Government has the unilateral right to exercise option periods in accordance with FAR 43.1 03(b) and 52.217-9, "Option to Extend the Term of the Contract" and 52.217-8 Option to Extend the Term of the Contract." Pursuant to FAR 17.203(b), the Government's evaluation shall be inclusive of options. Pursuant to FAR 17 .203( d), offerors may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

This estimate is not a representation to an offeror or contractor that the estimated quantity will be required or ordered or that conditions affecting requirement will be stable or normal.

Non-Personal Services Status. Award of this contract will result in a contractual arrangement only and shall not be construed as a personnel appointment with the Bureau of Prisons. The services shall not constitute an employer/employee relationship. Payments to the contractor shall be based on the provision of an end product or the accomplishment of a specific task. Results to be obtained are within the contractor's own unsupervised determination. The contractor will not be subject to Government supervision but its efforts will be monitored for quality assurance.

Reviews. The Contracting Officer or designee is authorized to review by on-site survey, review of records, or by any other reasonable manner, the quality of services rendered under this contract. All records shall be subject to review by the Contracting Officer or other representative of the Bureau of Prisons.

Payments will be denied when such service does not support the charges or if the service is deemed not necessary or appropriate. Such determinations may be made by the Contracting Officer Representative, whichever is appropriate. All records shall be subject to review by the Contracting Officer or other delegated representatives of the BOP.

Performance: The periods of performance of the resulting contract shall be as follows :

Base Year: Effective Date of Award (DOA) February 3, 2014 through September 30, 2014 Option Year 1: October 1, 2014 through September 30, 2015 Effective Date of Award Option Year 2: October 1, 2015 through September 30, 2016 Effective Date of Award Option Year 3: October 1, 2016 through September 3 0, 2017 Effective Date of Award Option Year 4: October 1, 2017 through September 30, 2018 Effective Date of Award

The contractor shall commence full performance of services under this contract by the effective date of award. In accordance with FAR 46.503 and 46.403(a) (6), the place of acceptance for services under this contract is at the destination of the Federal Correctional Institution (FCI) located at Fort Worth, Texas. The contractor shall provide the contract services independent of Government supervision.

Contract Administration

Contracting Officer Responsibility: Authority to negotiate changes in the terms, conditions, or amounts cited in this contract is reserved to the Contracting Officer. This responsibility may be delegated to an Administrative Contracting Officer by the Contracting Officer.

Ordering Official: Task orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an Ordering Official for the appropriate certificate of appointment or delegation of authority for credit card purchases.

Contracting Officer's Representative (COR): The COR will be appointed by the Contract Administration Office (CAO) after the contract is awarded . The COR shall be responsible for:

a) Monitoring technical progress, including surveillance and assessment of performance and issuing technical changes;

b) Interpreting the scope of work;

c) Technical evaluation as required;

d) Technical inspection and acceptance;

e) Assisting in the resolution oftechnical problems encountered by the service provider during contract performance;

f) Monitoring funds available for obligation;

g) Ensuring that task orders are issued in accordance with appropriate terms;

h) Ensuring that invoices and payments are processed in a timely manner;

i) Assisting in the resolution of administrative problems encountered by the service provider during the contract performance.

Pursuant to FAR 42.202 and 42.302, upon award, the undersigned Contracting Officer hereby assigns as the Contract Administration Office (CAO), FCI Fort Worth, 3152 Horton Road, Fort Worth, Texas, 76119 (817)413-3040, Attn :

Contracting Office. This assignment carries with it the authority to perform all of the normal contract administration functions listed in FAR 42.302 (a), Item I through 70, to the extent that those functions apply to this contract. This assignment also includes delegation of authority to perform those negotiation functions as specified in FAR 42.302 (b), items I through li .

Provisions By Reference

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and

~ubmitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may

~dentify the provision by paragraph identifier and provide the appropriate information with its quotation or offer.

V\.Iso, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Clause Title

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

52.237-1 Site Visit (Apr 1984)

52.217-5 Evaluation of Options (July 1990)

52.212-2 Evaluation - Commercial Items (Jan 1999)

52.212--1 Instructions to Offers---Commercial Items (July 2013)

52.204-7 System For Award Management (mL 2013)

Provisions by Full Text

52.212--3 Offer Representations and Certifications- Commercial Items (12 .30l(b)(2)( Nov 2013)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and ~e~ifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this prOVISIOn.

(a) Definitions . As used in this provision--

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service--

( 1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Inverted domestic corporation," as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S .C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

"Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-999,except

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural

Supplies; (3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of2007 (Pub. L. 11 0-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(!) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended. "Sensitive technology"--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-- (i) To restrict the free flow ofunbjased information in Iran ; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people oflran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) ofthe International Emergency Economic Powers Act (50 U.S.C.

1702(b )(3)).

"Service-disabled veteran-owned small business concern" ( 1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S .C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

"Subsidiary" means an entity in which more than 50 percent of the entity is owned ( 1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Veteran-owned small business concern" means a small business concern--

(!) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S .C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business at least 51 percent of its stock is owned by one or more women; and '

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned small bu~iness (WOSB) con~ern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a sm~ll bus~ness conce!ll that Is . at least 51 percent directly and unconditionally owned by, and the management and daily busmess operations of which are controlled by, one or more women who are citizens of the United States.

(b )(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b )(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (See FAR

4.120 I), except for paragraphs .

[Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it is, is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)( I) of this provision.] The offeror represents as part of its offer that it is, is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it is, is not a service-disabled veteran-owned small business concern.

( 4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(l) of this provision.] The offeror represents, for general statistical purposes, that it is, is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(l) of this provision.] The offeror represents that it is, is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It is, is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It is, is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .} Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It is, is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It is, is not ajoint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) ofthis provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .} Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program- Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either--

( A) It is, is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search database maintained…