Solicitation.pdf

U.S. Department of Justice Federal Bureau of Prisons Field Acquisition Office U.S. Armed Forces Reserve Complex Grand Prairie, Texas 75051

May 06, 2015

Re: RFQP05151500009, Bio-Mass (Wood Chip) Fuel and Waste By-Product (Wet Ash) Removal FCI Texarkana

Dear Quoter:

Accompanying this cover letter, is a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the acquisition of Bio-Mass (Wood Chip) Fuel and Waste By-Product (Wet Ash) Removal Services for the Federal Correctional Institution (FCI) Texarkana located in Texarkana, 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 potential quoters are advised that this solicitation includes FAR 52.212-4 Contract Terms and Conditions - Commercial Items. This clause requires contractors doing business with the Federal Government to be registered in the System for Award Management (SAM). Quoters need to provide their Data Universal Number System (DUNS) number within their quote, which allows this Contracting Officer to verify registration within the SAM database.

Failure to complete the registration procedures outlined in this clause may result in your removal from consideration for award.

Potential quoters are cautioned against discussing the preparation of their quote (including any technical questions) with other Government personnel. The circumstances of such contact, when verified, may result in non-consideration of the quotation . All communications regarding the solicitation, including all technical issues, must be made in writing to the Contracting Officer. Questions will not be answered by telephone or in person.

All quotations must be received on or before the deadline of May 28, 2015 , at 2:00 P.M. Central Time. Quotations shall be submitted to (e-mail gsveum@bop.gov or the following address:

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

Please complete required information and return pages I, 3, 17-25 & Attachment 1

Mailed or hand-carried quotes 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 quotes. The official point for hand-carried quotes will be the receptionist's area on the first floor of the address listed above. Please do not submit quotes 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 (t).

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 gsveum@bop.gov. Any additional questions not addressed herein, please call me at

(972) 352-4537.

Sincerely, Gil Sveum, Contracting Federal Bureau of Prisons Field Acquisition Office

RFQP05151500009 Page 1 of 32

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER

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

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE DATE

RFQP05 l 5 l 500009 05/06/ 2015

7. FOR SOLICITATION INFORMATION a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE I LOCAL

CALL: TIME

Gil Sveum gsveum@bop.gov (0) 972-352-4537 (F) 972-352-4545 05/28/ 20 l 5 02 :00:00

9. ISSUED BY CODE I BFAO 10. THE ACQUISITION IS 0 UNRESTRICTED OR D SET ASIDE: % FOR

Federal Bureau of Prisons D SMALL BUSINESS D WOMEN-OWNED SMALL BUSINESS (WOSB)

Field Acquisition Office

ELIGIBLE UNDER THE WOMEN·OWNEO

D HUBZONE SMALL

SMALL BUSINESS PROGRAM

NAICS:32 lll3 U.S. Armed Forces Reserve Complex BUSINESS D EOWOSB

346 Marine Forces Drive D SERVICE-DISABLED SIZE STANDARD: 500

Grand Prairie, TX 7505 l VETERAN-OWNED D Employees

SMALL BUSINESS 6(A)

11 . DELIVERY FOR FOB DESTINATION 12. DISCOUNT TERMS 13b. RATING

UNLESS BLOCK IS MARKED

D 13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

D SEE (15 CFR 700) 14. METHOD OF SOLICITATION

SCHEDULE ~ RFQ D IFB D RFP

15. DELIVER TO CODE BTEX 16. ADMINISTERED BY CODE BTEX

Federal Bureau of Prisons Federal Bureau of Prisons

FCI Texarkana FCI Texarkana

4001 LEOPARD DRIVE (75501) 4001 LEOPARD DRIVE (75501)

TEXARKANA, TX 75505-9500 TEXARKANA, TX 75505-9500

17a. CONTRACTOR/ CODE I I FACILITY I 18a. PAYMENT WILL BE MADE BY CODE BTEX

OFFEROR CODE

Federal Bureau of Prisons

FCI Texarkana

PO BOX 9500

Attn: Accounting

TEXARKANA, TX 75505-9500

TELEPHONE NO.

D 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

OFFER

CHECKED D SEE ADDENDUM

I 19. 20. ' + 21 . 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES.(.SERVICES Q UANTITY UN IT UNIT PRICE AMOUNT

To provides Bio-Mass Fuel (Wood Chips) and removal of waste by-product (wet ash) at FCI Texarkana

See Continuation Sheet(s)

( Use Reverse and/or Atwch Addilionol Shee1s as Nece.uary )

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

~ 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.2 12-1 , 52 .212-4 . FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ~ ARE H ARE NOT ATTACHED D 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

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

D 29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5)

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, TERMS AND CONDITIONS SPECIFIED. 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)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

Gil Sveum

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA- FAR (48 CFR) 53.212

I

Table of Contents

I

RFQP05151500009 Page 2 of 25

Description Page Number

Solicitation/Contract Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I Schedule of Supplies/Pricing Schedule

2.1 Pricing Methodology

Statement of Work Contract Clauses

52.216-18 Ordering (Oct 1995)

52.2 16-1 9 Ordering Limitations (Oct 1995)

52.2 16-2 1 Requirements (Oct 1995) 52.219-9 Option to Extend the Term of the Contract (Mar 2000) 52.232-19 Avai labi lity of Funds for the Next Fiscal Year (Apr 1984)

52.242.1502 Evaluation of Contractor Performance Util izing CPARS (Apr 20 11 ) 52.212-5 Contract Terms and Cond itions Required to Implement Statutes or Executive Orders- Commercial Items (Mar 2015). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 0

List of Attachments .4'. I ~pec i a l c.o~tract Conditions . . . . . . ............. . . . ... ... . ... . .... . :

Sohc1tat1on Prov1s1ons

5. 1 Addendum to FAR 52.212-1 , In structions to Offerors-Commercial Items (Feb 20 12) 52.233-2 Service of Protest (Sept 2006) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) 52.27-103-71 Faith-Based and Community-Based Organizations (AUG 2005) 52.212-3 Offeror Representat ions and Certifications - Commercial Items (Apr 2015)

RFQP05151500009 Page 3 of 25

Section 2 - Commodity or Service Schedule - Bio-Mass (Wood Chip) Fuel and Waste-by-Product (Wet Ash) Removal - FCI Texarkana - RFQP05151500009.

Schedule of Supplies/Services/Pricing Schedule Continuation Sheet

- BASE YEAR: Effective Date of Award (EDOA) THROUGH 12 month from the EDOA Item No. Supplies Quantity Unit Unit Price Total

001 Bio-Mass Fuel (Wood Chip) Delivery. Price per delivered ton (Estimated Maximum) 6,000 TN

002 Waste-By-Product (Wet Ash) Price per Container pull (Estimated Maximum) 4 co

Base Year Total$ _________ _

- OPTION YEAR # I : 13 month from the EDOA THROUGH 24 months from the EDOA Item No.Supplies Quantity Unit Unit Price Total

Bio-Mass Fuel (Wood Chip) Delivery. Price per delivered ton (Estimated Maximum)

Waste-By-Product (Wet Ash) Price per Container pull (Estimated Maximum)

6,000 TN

4 co

Option Year One Total$ ______ _

- Total for Base Year and Option Year=$ _____ _

2.1 Schedule Continued

Quoters are required to subm it, as part of their quote, a completed copy of the Schedule of Supplies/Pricing 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 this 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 the option period. 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.

Because services are 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 Truck.

STATEMENT OF WORK

FOR

RFQP05151500009 Page 4 of 2~- -- 1

BIOMASS BOILER FUEL DELIVERY AND WASTE BY-PRODUCT (ASH), REMOVAL

General Information :

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) Texarkana, located in Texarkana, Texas. The Government reserves the right to award without discussions and to award as a single award. Therfore 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 one, 12 month option period. The General Information regarding the Federal Bureau of Prisons (BOP), its facilities, and referenced Program Statements can be located at www.bop.gov.

Place of Performance The contractor shall perform all services (supply (wood chip) and removal (wet ash)) from the Federal Correctional Institution located at 400 I Leopard Drive, Texarkana, Texas 7550 I.

Requirement The successfut bidding Contractor shall furnish the following; bio-mass wood chips, equipment, labor, supervision and deliver "hogged" fuel (untreated biomass woodchips) to the Federal Correctional Institution Powerhouse in Texarkana, Texas. 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 woodchips . 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 facility.

The Contractor shall furnish one (I) 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 a second for the waste by-product (wet ash) (20 yard) . All oversized wood chips shall be resized and redelivered to the Powerhouse by the contractor.

Deliverables The sole deliverable for purposes of the Contractors acceptable performance resulting from this agreement shall be delivery of biomass woodchips meeting the Federal Correctional Institution's woodchip specifications as outlined below. The Federal

Correctional Institution reserves the right to reject any load not meeting these specifications. No payment shall be due for rejected biomass woodchips.

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

Size:

Moisture Content

Foreign Material

Acceptable Fuel Sources

Treatment of Amendment

Two (2) inch minus or less. (NOTE: Two (2) inch minus is defined as the dimensions of the woodchip is no greater than 2 inches on any side.)

Moisture content not to exceed 55%. Average moisture content (weight by tons) shall not exceed 40% for any calendar month.

Chips shall be clean (untreated) wood chips and have less than 5% content of dirt, sand, grit, fines, and oversized material.

Notwithstanding, the source, woodchips shall be clean (untreated) chips with less than 5% foreign material content.

None. In accordance with the acceptable sources of fuel, chips shall not contain chemically treated, stained, painted, laminated, or any other finish alterations nor shall they be derived from industrial waste products .

RFQP05151500009 Page 5 of 25

Ordering and Delivery

The Institution will have a need for an estimated maximum 6,000 tons of biomass woodchips per year. The amount of waste by product (wet ash) removal is an estimated maximum amount of 80 cubic yards per year. The Contractor will provide such chips upon receiving written orders from the Contracting Officer for the next month deliveries . Delivery Orders for the removal of the waste by-product (wet ash) shall be on a will call basis . The Contractor will be given a minimum of24 hour notice prior to pick-up.

Shipping terms are FOB Destination . Orders will be placed in the form of delivery orders and will be ordered on an as needed basis.

Normal delivery hours are Monday through Friday from 8:00 A.M. to 3:00 P.M. (CST) except Federal Holidays.

Each load of wood chips supplied will be inspected and received by the on-site Institution point of contact. The load tonnage will be per scale/weight ticket provided by the Contractor. Each woodchip load shall be accompanied by a numbered load ticket provided in an original and one copy. The load ticket shall include:

+ Company Name + Load ticket number (assigned by the Contractor) + Load/scale ticket date + Gross and net weight (to the nearest pound and tenth of a ton)

If biomass wood chips delivered hereunder continuously fails to meet the woodchip specifications for a period of thirty (30) days, the Institution may, upon fourteen (14) day written notice to the Contractor, terminate this agreement at any time.

The Institution shall have the right, but not the obligation, to sample Seller's delivery of biomass woodchips for compliance with woodchip specifications. Sampling shall be accomplished by the Institution ' s representative at Powerhouse facility. The lnstitution shall bear the costs of analyzing any original sample. The Contractor shall bear all costs for any confirmatory analysis, unless the confirmatory analysis shows the biomass meets the Institution's woodchip specifications, in which event such costs shall be borne by Institution.

Institution Security The contractor and its employees shall be required to meet and adhere to all regulations prescribed by the FBOP for the safety, custody and conduct of inmates. The Government reserves the right for security reasons to prohibit certain contractor employees from entering onto Federal property.

The Contractor will be responsible for proper tool and equipment control. All tools will be subject to being inventoried entering and exiting the institution by a Bureau of Prisons employee.

The Contractor employees are prohibited from wearing khaki and hunter green clothing on Institutional property.

Contractor Equipment/Vehicles The Contractor shall maintain full compliance with the institution ' s regulations and policy while engaged in the fulfillment of this contract. The Contractor's equipment and vehicles shall keep the driveways and entrances serving the premises clear and passable by the institutional and emergency vehicles at all times.

All automotive type vehicles, i.e ., passenger cars and trucks, or other mechanized/motorized equipment when parked and unattended shall be locked and/or disabled to prevent unauthorized use . The Contractor shall not leave any such vehicle/equipment running while unattended.

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.

Inmate Management The Contractor shall be constantly aware of security and maintain a professional relationship with the inmates at all times if they come in contact with the inmate population . Any violations of the institution rules and regulations are to be brought immediately to

RFQP05151500009 Page 6 of 25 the attention of an appointed Government employee for prompt and proper action.

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

Reporting accidents; Prepare and submit reports of significant accidents at the site and anywhere on the institution property. A significant accident is defined to include events that pose a security breech, damage to Government Property and/or any injury.

Record and document date and actions.

Cleaning and Protection During the delivery and removal process at the pickup/delivery sites and disposal route on Government Property, keep the area adjacent to the containers clean of debris. Clean and perform maintenance on containers as necessary.

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.

Inspection of the Site Inspection of the site will be available to all interested bidders. Prior approval is necessary for such a visit and will be coordinated through the institution facilities department. Each interested quoter is encouraged to visit the site before submitting his/her quote for service. When the bid is submitted, it shall be interpreted by the Contracting Officer to mean that the bidder has examined the site fully and understands the existing and proposed conditions and has made all due allowances for them to submit their bid.

The contract will be monitored each time service is provided primarily by the Powerhouse Operator. The Contractor shall be liable for any damage to Government property during pickups/deliveries. The Contractor shall submit one combined itemized invoice identifying specific deliveries and their charges.

Risk and Loss The Contractor assumes the full risk and responsibility of any loss, destruction or damage occurring to Contractor provided equipment, except when such loss or damage may be attributed 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 regulation to include Environmental Protection Agency regulations. In the event two or more of the regulations conflict, the most restrictive of the regulations 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.

Any deviations from the requirements must have prior approval from the COR and the Contracting Officer in writing

Payment Terms Contractor must provide a means for electronic payment to include bank routing and account number. Payment terms as specified in FAR 52.2 I 2-4(g), the due date for making an invoice payment by the designated payment office shall be the 30th day after the designated billing office has received a proper invoice, or the government accepts services performed by the contractor. The contractor can however offer discount payment terms for prompt payment as specified in block 12 on the SF-1449 form of this solicitation. Electronic submission of invoices by e-mail or facsimile is acceptable. Each invoice shall provide details of the loads/tickets for which payment is being requested and shall be accompanied by a copy of the load ticket. In addition to invoices being emailed, a paper statement should be mailed on the first of each month to the following address:

Federal Correctional Institution 400 I Leopard Drive Texarkana, Texas 7550 l Attn: Facilities Manager

RFQPOS151500009 Page 7 of 25

Section 3 - Contract Clauses

A.l ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions - Commercial Items (Feb 2012)

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.acguistion.gov/far ii

Clause Title

52 .203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010)

52.203-17 Contractor Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

52.211-17 Delivery of Excess Quantities (Sept 1989)

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

52.232-18 Availability of Funds (Apr 1984)

52 .232-40 Providing Accelerated Payment to Small Business Subcontractors (Dec 2013)

52.247-34 F.O.B . Destination (Nov 1991)

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 the first day of the current performance period through the last day of the current 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 unit, 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--

RFQP05151500009 Page 8 of 25

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

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

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b )(I) 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 ifthat 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 order.s 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 ifthe 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 ifthe 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)

52.217-9 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 expiration of the current performance p·eriod; 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 thi s contract, including the exercise of any options under this clause shall not exceed 5 years .

(End of Clause)

RFQP05151500009 Page 9 of 25

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

GS-09 $23 .19 + fringes

(End of Clause)

52.232-19 Availability ofFunds 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)

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

Seth T. Norman, Facility Manager, 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.

(End of Clause)

52.242 .1502 Evaluation of Contractor Performance Utilizing CPA RS (Apr 2011)

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 prepared by the Contracting Officer' s Technical Representative (COTR) or Contract Monitor (CM) 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 websiteaddresswebptsmh@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)

RFQP05151500009 Page 10 of 25

[END OF ADDENDUM TO FAR 52.212-4]

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (APR 2015)

(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 .209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52 .233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553) .

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(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 .203-1 3, Contractor Code of Business Ethics and Conduct (Apr 2010) (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 (Jul 2013) (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) .

XX(7) 52 .204-1 5, 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. (Aug 2013) (31 U.S.C. 6101 note).

XX(9) 52 .209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

_ (10) [Reserved] .

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

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

XX (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a) .

_(ii) Alternate I (JAN 2011) of 52 .219-4.

_ (13) [Reserved] _ (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 .21 9-7.

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 2014) (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 Ill (Oct 2014) 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) 52.219-1 6, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)) .

_ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f) .

XX (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)) .

_ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul

2013) (15 U.S.C. 637(m)).

_ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul

2013) (15 U.S.C. 637(m)).

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

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 (Jul 2014)(38 U.S.C. 42 12) .

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 (JUL 2014) (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).

RFQP05151500009 Page 11of25

_(ii) Alternate I (Mar 2015) of 52 .222-50 (22 U.S.C. chapter 78 and E.O. 13627).

XX (34) 52.222-54, Employment Eligibility Verification (AUG 2013) . (Executive Order 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 (Jun 2014) of 52 .223-13.

_ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.0.s 13423 and 13514).

_(ii) Alternate I (Jun 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 (JUN 2014) (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).

XX (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.

_ (i i) Alternate I (May 2014) of 52 .225-3.

_ (ii i) Alternate II (May 2014) of 52 .225-3.

_(iv) Alternate Ill (May 2014) of 52.225-3.

_ (43) 52.225-5, Trade Agreements (Nov2013) (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.0 .'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 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) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

XX (2) 52.222-41 , Service Contract Labor Standards (May 2014) (41 U.S.C . chapter 67).

_ (3) 52.222-42 , Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67) .

XX (4) 52 .222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option

Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67) .

_ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and

41 U.S.C. chapter 67).

_ (6) 52 .222-51 , Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or

Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

_ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-

Requirements (May 2014) (41 U.S.C. chapter 67) .

XX (8) 52 .222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(E.O. 13658).

_ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

_ (10) 52.237-1 1, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1 )) .

(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 of the 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 , RFQP05151500009 Page 12 of 25 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)(1) 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)(1) 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) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (I) of FAR clause 52.222-17.

(iv) 52 .222-21 , Prohibition of Segregated Facilities (Apr 2015)

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

(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212) .

(vi i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793) .

(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212)

(ix) 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.

(x) 52.222-41 , Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67) .

(xi) _(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).

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

(xii) 52 .222-51 , Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67) .

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67) .

(xiv) 52 .222-54, Employment Eligibility Verification (AUG 2013) .

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658).

(xvi) 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).

(xvii) 52 .226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52 .226-6.

(xviii) 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 ). 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)

Section 4 - List of Attachments

Exhibits and Attachments Identifier Title Number of

Pages

1 Business Management Questionnaire 2

2 Wage Determination 10

4 .1 Special Contract Conditions

Type of Contract The Government contemplates a single award of an indefinite deli very/requirements type contract with firm-fi xed unit prices resulting from thi s solicitation . It is anticipated that a contract award resulting from this solicitation will be made approximately June 18, 201 5 with an anticipated effective date of award of July 01 , 201 5.

RFQP05151500009 Page 13 of 25

The resulting contract will include a base year period from the effective date of award (EDOA) through 12 months from the EDOA with one ( 4) possible 12-month option year for renewal at the unilateral discretion of the Government. Pursuant to FAR l 7.203(b ), the Government's evaluation shall be inclusive of options. Pursuant to FAR 17.203(d), quoters may quote varying prices for options, depending on the quantities actually ordered and the dates when ordered. Quoters are advised that the Government has the unilateral right to exercise option periods in accordance with FAR 43. I 03(b) and 52.217-9, "Option to Extend the Term of the Contract" .

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

Payments will be denied when such supply does not support the charges or ifthe supply is deemed not necessary or appropriate .

Such determinations may be made by the Contracting Officer or COR, 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 fo llows:

Base Year: Effective date of award (EDOA) through 12 months from EDOA Option Year I : 13 months from the EDOA through 24 months from EDOA The Contractor shall commence full performance of this contract within 30 calendar days from the effective date of award. Jn 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 FCI Texarkana, Texarkana, Texas.

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 responsibi li ty may be delegated to an Administrative Contracting Officer by the Contracting Officer.

Ordering Official: Delivery orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for FCI Texarkana, located in Texarkana, Texas with an appropriate certificate of appointment or delegation of authority for purchase card purchases . Each delivery order will identify the services schedule for that period.

Contracting Officer's Representative: The Contracting Officer wi ll designate in writing a COR who shall be responsible for:

a) Monitoring technical progress, including surveillance and…