Solicitation.pdf

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

Field Acquisition Office Grand Prairie, Texas 75051

August 7, 2014

Re: RFQP06141400015, Solid Waste Removal Services Federal Correctional Institution – Terminal Island, California

Dear Quoter:

Accompanying this cover letter is a Request for Quotation (RFQ) prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the acquisition of Solid Waste Removal services for the Federal Correctional Institution, located in Terminal Island, California. This package contains all the necessary information for submitting a quote for evaluation.

All potential quoters are advised that this solicitation includes the clause FAR 52.212-4 for Commercial Items, which at paragraph (t) System for Award Management (SAM), requires all contractors doing business with the Federal Government must be registered in the SAM database. Quoters should include their Data Universal Number System (DUNS) number in their offers. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardee’s DUNS number into the SAM database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award.

Inspection of the site will be available to all interested quoters. Prior approval is necessary for such a visit and will be coordinated through the institution Facilities Department.

All quotations must be received on or before the deadline of September 8, 2014 at 2:00 P.M. Central Standard Time.

Quotations shall be submitted to the following address:

Federal Bureau of Prisons Field Acquisition Office U.S. Armed Forces Reserve Complex ATTN: Mark Walker, Contract Specialist 346 Marine Forces Drive Grand Prairie, Texas 75051

Mailed and hand-carried quotes must be delivered to the Contracting Officer at the address shown above no later than the time specified as the deadline for receipt of quotes. The official point of receipt for hand-carried quotes will be at the first floor reception area of the address listed above. Emailed quotes will be accepted in .pdf format only and will be deemed received at the time received as indicated on the email notification. Emails rejected by filters are not the responsibility of the government. Please do not submit quotes to any location other than the one listed above. Quotes received after the quote deadline will be handled in accordance with FAR 52.212-1(f). No faxed quotes will be accepted.

Should you have any questions, please make these inquires in writing. Questions may be submitted via facsimile at

(972) 352-4545, or e-mailed to mxxxwalker@bop.gov.

Sincerely, //s//

Mark Walker, Contract Specialist Federal Bureau of Prisons Field Acquisition Office

RFQP06141400015 Page 1 of33

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER OMB Clearance Control Number

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1103-0018

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

DATE DATE

RFQP06141400015 08/07/2014

a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/

7 . FOR SOLICITATION

calls) LOCAL TIME

INFORMATION CALL: 09/08/2014

Mark Walker 972-352-4517 14:00:00

9. ISSUED BY CODE BFAO 10. THIS ACQUISITION IS U UNRESTRICTED OR ~SET ASIDE: ] 00 % FOR :

Federal Bureau of Prisons ~ WOMEN-OWNED SMALL BUSINESS ---

Field Acquisition Office SMALL BUSINESS D (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED p HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS:

U.S. Armed Forces Reserve Complex

BUSINESS D EDWOSB 562111

346 Marine Forces Drive D SERVICE-DISABLED Grand Prairie, TX 7505 1 VETERAN-OWNED SIZE STANDARD:

SMALL BUSINESS D 8 (A) $38,500,000

11 . DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMS 13b. RATING

TION UNLESS BLOCK IS D 13a. THIS CONTRACT IS A

MARKED RATED ORDER UNDER

DPAS (15 CFR 700) 14. METHOD OF SOLICITATION

D SEE SCHEDULE ~RFQ DIFB 0RFP

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

Federal Bureau of Prisons Federal Bureau of Prisons FCI Terminal Island FCI Terminal Island 1299 S. Seaside Ave 1299 S. Seaside Ave San Pedro, CA 9073 I San Pedro, CA 9073 1 17a. CONTRACTOR/ CODE[ I FACILITY 18a. PAYMENT WILL BE MADE BY CODE jBTRM

OFFEROR CODE

Federal Bureau of Prisons FCI Terminal Island Attn: Financial Management 1299 S. Seaside Ave San Pedro, CA 90731

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

OFFER BELOW IS CHECKED

D SEE ADDENDUM

19. 20. 21 . 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

To provide Solid Waste Removal services for FCI Terminal Is land, California.

RP#267-14

See Continuation Sheet(s)

(Use Reverse and/or Attach Additional Sheets as Necessary)

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

~ 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1 , 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

D 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-51S ATTACHED. ADDENDA

~ARE D ARE NOT ATTACHED

D ARE D ARE NOT ATTACHED

D 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN --- D 29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED . YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5) , INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

30b. NAME AND TITLE OF SIGNER (Type or print)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGN ED

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA- FAR (48 CFR) 53.212

19. 20. 21 . 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

0RECEIVED DINSPECTED D ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ------------------------ 32b. SIGNATURE OF AUTHORIZED GOVERNMENT 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 321. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER

CORRECT FOR

D PARTIAL DFINAL D COMPLETE 0PARTIAL DFINAL

38. SIR ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YYIMMIDD) 142d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

RFQP06141400015 Page 3 of 32

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2.1 Pricing Methodology

2.2 Statement of Work

3 Contract Clauses 52.216-18 Ordering (Oct 1995) 52.216-19 Ordering Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 1989) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) 52.252-6 Authorized Deviations in Clauses (Apr 1984) 2852.209-5a Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability (Deviation 2014-01)(Nov 2013) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) 52.21-603-70 Contracting Officer’s Representative (COR) (June 2012) 52.24-403-70 Notice of Contractor Personnel Security Requirements (Oct 2005) 52.27-103-72 DOJ Contractor Residency Requirement Bureau of Prisons (June 2004)

52.242.1502 Evaluation of Contractor Performance Utilizing CPARS (Apr 2011) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items (July 2014) 4 List of Attachments

4.1 Special Contract Conditions

5 Solicitation Provisions 52.233-2 Service of Protest (Sept 2006) 52.252-5 Authorized Deviations in Provisions (Apr 1984) 2852.209-5b Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability (Deviation 2014-01)(Nov 2013) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)

5.1 Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items (Feb 2012) 52.27-103-71 Faith-Based and Community-Based Organizations (Aug 2005) 52.212-3 Offeror Representations and Certifications – Commercial Items (May 2014)

RFQP06141400015 Page 4 of 32

Section 2 – Commodity or Service Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001A

0001B

0001C

0001D

0001E

0001F

0001G

0001H

0001J

0002A

0002B

0002C

0002D

0002E

0002F

0002G

0002H

0002J

0003A

0003B

0003C

To provide Solid Waste Removal services for FCI Terminal Island, California. Base Year - Effective Date of Award (EDOA) through September 30, 2015.

Location #1, 34-Cubic Yard Securable Hydraulic Compactor

Location #2, 34-Cubic Yard Securable Hydraulic Compactor

Location #3,40-Cubic Yard Open Top Roll-Off

Location #4,40-Cubic Yard Open Top Roll-Off

Location #5, 4-Cubic Yard Open Top w/Locking Lid

Location #5, 4-Cubic Yard Open Top w/Locking Lid

RENTAL EQUIPMENT

34-Cubic Yard Securable Hydraulic Compactor (Price/Month/Each)

40-Cubic Yard Open Top Roll-Off (Price/Month/Each)

4-Cubic Yard Open Top w/Locking Lid (Price/Month/Each)

TOTAL PRICE BASE YEAR $________________________

To provide Solid Waste Removal services for FCI Terminal Island, California. Option Year #1 – October 1, 2015 through September 30, 2016.

Location #1, 34-Cubic Yard Securable Hydraulic Compactor

Location #2, 34-Cubic Yard Securable Hydraulic Compactor

Location #3,40-Cubic Yard Open Top Roll-Off

Location #4,40-Cubic Yard Open Top Roll-Off

Location #5, 4-Cubic Yard Open Top w/Locking Lid

Location #5, 4-Cubic Yard Open Top w/Locking Lid

RENTAL EQUIPMENT

34-Cubic Yard Securable Hydraulic Compactor (Price/Month/Each)

40-Cubic Yard Open Top Roll-Off (Price/Month/Each)

TOTAL PRICE OPTION YEAR #1 $________________________

To provide Solid Waste Removal services for FCI Terminal Island, California. Option Year #2 – October 1, 2016 through September 30, 2017.

Location #1, 34-Cubic Yard Securable Hydraulic Compactor

Location #2, 34-Cubic Yard Securable Hydraulic Compactor

Location #3,40-Cubic Yard Open Top Roll-Off

YR

PULLS

MO

RFQP06141400015 Page 5 of 32

0003D

0003E

0003F

0003G

0003H

0003J

Location #4,40-Cubic Yard Open Top Roll-Off

Location #5, 4-Cubic Yard Open Top w/Locking Lid

Location #5, 4-Cubic Yard Open Top w/Locking Lid

RENTAL EQUIPMENT

34-Cubic Yard Securable Hydraulic Compactor(Price/Month/Each)

40-Cubic Yard Open Top Roll-Off (Price/Month/Each)

TOTAL PRICE OPTION YEAR #2 $________________________

2.1 Pricing Methodology

Total amount for the Base Year and 4 Option Years $______________________________

PRICING METHODOLOGY

The Contractor shall provide non-personal services, upon request by the institution as detailed in the Statement of Work. The Government reserves the right to award without discussion. Therefore, each initial bid should contain the bidder's best terms from a cost or price standpoint.

Services are required to be provided in accordance with the Statement of Work (SOW).

The quantity of services to be provided by the Contractor is estimated above in Section 2. These estimates are not a representation to an quoter or contractor that the estimated quantities will be required or ordered, or that conditions effecting requirements will remain stable or normal (FAR 16.503(a)(1)). The quoters are required to submit a completed copy of the Schedule of Supplies/Services, located in the table above, inclusive of the base year and all option years.

Contract pricing shall be based on a per monthly rental fee for each of the require waste receptacles and a price for each pull of the required containers. Contract pricing shall include all charges to the Government for performing the services required by this solicitation/contract. 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 codes 31363, Truck Driver, Heavy Truck and 99730, Refuse Collector.

The quoters are required to submit a completed copy of Section 2 located above, inclusive of the base year and all option periods.

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

2.2 Statement of Work

Refuse Removal

Place of performance:

The service shall be provided on site at the:

Federal Correctional Institution Terminal Island (FCITI) 1299 S. Seaside Ave. San Pedro, CA 90731

Services to be performed:

The purpose of this solicitation is to acquire solid waste removal services as described in this Statement of Work (SOW).

The services to be provided are a contractual arrangement and not a personnel appointment. Payment shall be based on the provisions of an end product or the accomplishment of the specific results or service. The service does not constitute an employer/employee relationship.

RFQP06141400015 Page 6 of 32

Government Responsibilities:

Government shall deliver all waste and debris into containers and supply electrical power to the primary side of the Contractors equipment safety disconnects.

Contractors Responsibilities:

a. The Contractor at their cost shall install and maintain all aspects of the supplied equipment, including the rails.

Containers shall be pressure washed periodically to prevent nuisance pest and smells.

b. Location #1 One (1) hydraulic compactor is located inside of the FCITI fence line.

c. Location #2 One (1) hydraulic compactor is located outside of the FCITI fence line.

d. The compactors shall be standard commercial type heavy gauge steel construction, water tight, leak-proof, and designed to be hauled away by a truck. The container shall be freshly painted at the onset of the contract and periodically during the extent of the contract to maintain a pleasing appearance. The Contractor shall repair, replace, or repaint the container(s) within twenty-four (24) hours after being informed by the Contracting Officer’s Representative (COR).

e. Each compactor shall have a minimum feed opening of 48” by 48”. The opening shall have an expanded metal and tubular steel hinged door that can be secured with a 3/8” shank padlock. A safety interlock switch shall be provided to prevent the equipment from operating when the door is ajar.

f. The compactors shall have a 2.5 inch diameter liquid glycerin filled pressure gauge that denotes the ram operating pressure. The controls shall include at minimum a manual cycle button, emergency stop button, override switch, and start button. The controls shall be secured within a water tight enclosure that can be secured with a 3/8” shank padlock.

g. The Contractor shall be required to provide the lockable electrical safety disconnect and two sets of fuses for each compactor that is provided.

h. The Contractor shall install all of the required wiring from the safety disconnect on to operate the equipment.

i. All of the electrical work shall comply with the National Electrical Codes.

j. Existing power supply consists of 50-amp over current breakers (208-volt, 3-phase, 60-hurtz).

k. The Contractor shall deliver and maintain Two (2) 40-cubic yard open top roll off containers.

l. Location #3 One (1) 40-cubic yard open top roll off containers south of Seaside Avenue along the west side of the roadway.

m. Location #4 One (1) 40-cubic yard open top roll off containers shall be provided on an on call basis, and shall be delivered within 48-hours of the request. Container pickups shall also be performed within 48-hours of the request. The location shall be determined by the Owner.

n. The Contractor shall deliver and maintain Two (2) 4-cubic yard containers.

o. Location #5 One (1) 4-cubic yard container is located in the Rear Gate.

p. Location #6 One (1) 4-cubic yard container is located in the front parking lot.

q. The containers shall be kept painted, serviceable, and clean by the Contractor. The Contractor at their cost shall maintain and repair all aspects of the supplied containers. Containers shall be pressure washed periodically to prevent nuisance pest and smells.

r. The Contractor shall install all equipment and supply all containers on or just prior to the onset of the contract.

Contractor shall remove all of their equipment within 24-hours of the termination date of the contract.

s. Upon award of the contract, the Contractor shall review the existing conditions and their locations with the COR. The Contractor shall verify that the equipment operates in accordance with the manufactures recommendations. If the

RFQP06141400015 Page 7 of 32 equipment fails to perform adequately the repair or replacement cost shall be the responsibility of the Contractor not the Owner.

Refuse Removal Requirements:

a. The Contractor shall provide FCITI, solid waste removal services in the manner that is consistent with all applicable Rules, Regulations, Codes, and Laws of all of the governing authorities.

b. It shall be the responsibility of the Contractor to ensure that all solid waste removal from FCITI shall be disposed of in a lawful and proper manner, and that all Local, State, and Federal codes, rules, and regulations shall be adhered to.

c. The Contractor is responsible for the trash, garbage, and debris that spills from the containers/ compactors during the process of the pull or hauls. All material in the containers/compactors becomes the property of the Contractor upon the removal from FCITI property, and it is the responsibility of the Contractor to dispose of the material in a lawful and proper manner.

d. All of the waste in the vicinity of the collection area, including spills from the containers/compactors shall be picked up by the Contractor. The trash shall be removed and disposed of outside of the Government premises. All fees associated with the disposal are the responsibility of the Contractor. The Contractor shall provide with quote, documentation that indicates the proper waste handling certification by the Department of Transportation (DOT) authority and the location of the certified dumping site for the solid waste disposal. The Contractor shall maintain the DOT certification and dump site certification throughout the length of the contract. The Contractor shall ensure that all operations practices, equipment, and solid waste are handled in accordance with the latest version of the RCRA and all state solid waste laws and regulations.

Refuse Removal Schedule:

a. Location #1 noted above, compactor must be emptied on Thursdays and Fridays between the hours of 3:30 A.M. and 5:30 A.M. of each week. The compactor shall not be returned before 6:30 A.M. on the same day and no later than 8:00 A.M.

b. Location #2 noted above, compactor shall be emptied and returned on the second and fourth Tuesday of every month and returned no later than 3:00 P.M.

c. Location #3 noted above, container shall be emptied and returned every other Friday and returned no later than 2:00 P.M.

d. Location #4 noted above, container shall be delivered within 48-hours of the request, and removed within 48-hours of being requested. The container may be located inside or outside of the security fence.

e. Location #5 noted above, container shall be emptied and returned on every other Friday and returned no later than 2:00 P.M.

f. Location #6 noted above, container shall be emptied and returned on the first Friday of every month and returned no later than 3:00 P.M.

g. Allow about 25-minutes to enter the institution through Rear Gate when retrieving or dropping off containers and compactor.

h. Allow approximately 20-minutes to retrieve and drop off small open containers within the Rear Gate.

i. The schedule may change at any time by the COR. When regular pickups fall on a Federal Holiday, the pickup shall be made on the next business day.

j. Pickup, deliveries during inclement weather shall continue unless approved by the COR. Delays shall be approved by the COR.

k. Forward a copy of the receipts each month to the COR. The receipts shall include weight slips, destination slips, and the date, time of the each pull from FCITI. The weight slips are for bookkeeping and are not for the basis for payment.

l. The Contractor may be delayed access to the compactor, due to institution emergencies, other than fog. Access to the institution grounds is restricted during period’s heavy fog. During periods of heavy fog the Contractor may call the institution to ensure that they may have access to picking up or dropping.

RFQP06141400015 Page 8 of 32

Qualifications:

a. The Contractor must be able to prove their responsible in the area of credit, and capacity to perform by providing credit and performance references.

b. FCITI at no time shall be liable or responsible for the damage or injury to any person or property occasion through their use or operation of the Contractor’s facility or the act of the Contractor; it is employees, or agents in the performing under this contract.

c. Contractor shall provide proof of insurance for all drivers and vehicles to be utilized for the removal of refuse at FCITI.

Performance Periods:

Base Year Effective Date of Award (EDOA) through 09/30/2015

Rental Equipment:

34-cu. yard hydraulic compactors 2 x 12 months 40-yard open top roll off unit 2 x 12 months 4-yard open top with locking lid roll off 2 x 12 months

Location #1, 34-cu. yard hydraulic compactors Total of pulls 104 Location #2, 34-cu. yard hydraulic compactors Total of pulls 26 Location #3, 40-yard open top roll off unit Total of pulls 24 Location #4, 40-yard open top roll off unit Total of pulls 12 Location #5, 4-yard open top with locking lid roll off Total of pulls 26 Location #6, 4-yard open top with locking lid roll off Total of pulls 12

Option Year-1 (10/01/2015 through 09/30/2016)

Rental Equipment:

34-cu. yard hydraulic compactors 2 x 12 months 40-yard open top roll off unit 2 x 12 months 4-yard open top with locking lid roll off 2 x 12 months

Location #1, 34-cu. yard hydraulic compactors Total of pulls 104 Location #2, 34-cu. yard hydraulic compactors Total of pulls 26 Location #3, 40-yard open top roll off unit Total of pulls 24 Location #4, 40-yard open top roll off unit Total of pulls 12

Option Year-2 (10/01/2016 through 09/30/2017)

Rental Equipment:

34-cu. yard hydraulic compactors 2 x 12 months 40-yard open top roll off unit 2 x 12 months 4-yard open top with locking lid roll off 2 x 12 months

Location #1, 34-cu. yard hydraulic compactors Total of pulls 104 Location #2, 34-cu. yard hydraulic compactors Total of pulls 26 Location #3, 40-yard open top roll off unit Total of pulls 24 Location #4, 40-yard open top roll off unit Total of pulls 12

RFQP06141400015 Page 9 of 32

Section 3 – Contract Clauses

ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions – Commercial Items (Sept 2013)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/far

Clause Title 52.203-17 Contractor Whistleblower Rights and Requirements to Inform Employees of Whistleblower Rights (Sept 2013)

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

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

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

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

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

52.232-18 Availability of Funds (Apr 1984)

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

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

52.242-13 Bankruptcy (Jul 1995)

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 effective performance period through the last day of the effective performance period.

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

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

52.216-19 Order Limitations (Oct 1995)

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

(b) Maximum order. The Contractor is not obligated to honor--http://www.acquisition.gov/far

RFQP06141400015 Page 10 of 32

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

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

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

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

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

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.

52.217-8 Option to Extend Services (Nov 1999)

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

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 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.

RFQP06141400015 Page 11 of 32

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

52.222-42 Statement of Equivalent Rates for Federal Hires (May 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies that classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each employee 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

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

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

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 28) clause with an authorized deviation is indicated by the addition of “(DEVIATION)”after the name of the regulation.

(End of clause)

2852.209-5a Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability (Deviation) (Nov 2013)

(a) In accordance with sections 536 and 537 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2014 (Title II, Division B, Pub. L. 113-76), none of the funds made available by that Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with a corporation –

(1) convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction , unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or

(2) that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension

Employee Class

Monetary Wage – Fringe Benefits

31363 Truckdriver, Heavy $22.18 per hour plus benefits 99730 Refuse Collector $12.78 per hour plus benefits

RFQP06141400015 Page 12 of 32 or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(b) By accepting this award or order, in writing or by performance, the offeror/contractor represents that -

(1) the offeror is not a corporation convicted of a felony criminal violation under any Federal or State law within the preceding 24 months; and,

(2) the offeror is not a corporation that has any unpaid Federal or State tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

(End of clause)

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

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

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

(a) David Sias, Carpentry Shop Supervisor, FCI Terminal Island, 310-732-5166, 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 provided 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.

RFQP06141400015 Page 13 of 32

52.24-403-70 Notice of Contractor Personnel Security Requirements (Oct 2005)

Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I.

1. Long-Term Contractor Personnel:

In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 contractor employee whose background investigation (BI) process begins on or after October 27, 2005:

a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form I-9, OMB No. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture ID);

b. Contractor Personnel must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed sometime during the clearance process but prior to badge issuance and must be documented by the DOJ official;

c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position.

Outlined below are the minimum BI requirements for each risk level:

High Risk - Background Investigation (5 year scope)

Moderate Risk - Limited Background Investigation (LBI) or Minimum Background Investigation (MBI)

Low Risk - National Agency Check with Inquiries (NACI) investigation

d. The pre-appointment BI waiver requirements for all position sensitivity levels are a:

1) Favorable review of the security questionnaire form;

2) Favorable fingerprint results;

3) Favorable credit report, if required;3

4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level;

and

5) Favorable review of the National Agency Check (NAC) 4 portion of the applicable BI that is determined by position sensitivity/risk level.

A badge may be issued following approval of the above waiver requirements.

If the NAC is not received within five days of OPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau of Investigation Criminal History Check (i.e., fingerprint check results).

e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges issued under these procedures will be suspended or revoked.

2. Short-Term Contractor Personnel:

It is the policy of the DOJ that short-term contractors having access to DOJ information systems and/or DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items 1a. and 1b. above. The pre-appointment waiver requirements for short-term contractors are:

a. Favorable review of the security questionnaire form;

b. Favorable fingerprint results;

c. Favorable credit report, if required;5 and

d. Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commensurate BI does not need to be initiated.

A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of issuance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PIV-I identity proofing process.

For example, if a contractor employee requires daily access for a three or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a second request is submitted for the same contractor employee within a twelve-month period for the purpose of extending the initial contract or for employment under a totally different contract for another three or four-week period, this contractor would now be considered "long-term" and must be cleared according to the long-term requirements as stated in this interim policy.

3. Intermittent Contractors:

An exception to the above-mentioned short-term requirements would be intermittent contractors.

a. For purposes of this policy, "intermittent" is defined as those contractor employees needing access to DOJ information systems and/or DOJ facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For example, the water delivery contractor that delivers water one time each week and is working on a one-year contract.

RFQP06141400015 Page 14 of 32

b. Contractors requiring intermittent access should follow the Department's escort policy. Please reference the August 11, 2004, and January 29, 2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted access.

c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contractor, the same pre-employment background investigation waiver requirements that apply to short-term contractors are required.

d. If an intermittent contractor is approved for unescorted access, the contractor will only be issued a daily badge. The daily badge will be issued upon entrance into a DOJ facility or space and must be returned upon exiting the same facility or space.

e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year.

4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated BI meeting HSPD-12 and DOJ's BI requirements.

5. The DOJ's current escorted contractor policy remains unchanged by this acquisition notice.

Notes:

1. FIPS 201 is available at: www.csrc.nist.gov/publications/fips/fips201/FIPS-201-022505.pdf

2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-I identity proofing process, including initiation and adjudication of the required background investigation, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-II) requires badge issuance to all affected long-term contractors.

3. For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package.

4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations to OPM. Per OPM ' s instructions, to obtain an Advance NAC Report, a Code " 3" must be placed in block " B " of the " Agency Use Only " section of the investigative form. This report is available for all case types.

5.For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package.

52.27-103-72 DOJ Contractor Residency Requirement (June 2004)

For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commitment, individuals or contractor employees providing services must have:

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

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

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

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

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

52.242.1502 Evaluation of Contractor Performance Utilizing CPARS (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 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.

RFQP06141400015 Page 15 of 32

[END OF ADDENDUM TO FAR 52.212-4]

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (July 2014)

(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(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEPT 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (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).

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

743 OF DIV. C).

XX(8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (AUG 2013) (31 U.S.C. 6101 note).

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

__ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L.

112-74, section 740 of Division C of Pub. L.