SAM 15BFA02300000074 FMC Lexington Solid Waste Removal.pdf

U.S. Department of Justice Federal Bureau of Prisons

Administration Division Field Acquisition Office Grand Prairie, Texas 75051

RE: Request for Quote 15BFA02300000074 Solid Waste Removal Services Federal Medical Center (FMC) – Lexington, Kentucky

Dear Quoter:

Attached is a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the provision of Solid Waste Removal Services for FMC Lexington. This package contains all necessary information to submit a quote.

When submitting your quote, you shall consider all information provided herein. Please carefully follow all instructions located on pages 21-22 of the solicitation package concerning content, format, and submission of quotes.

All potential quoters are advised that this solicitation includes the clause at FAR 52.212-4 for Commercial Items. Paragraph (t), System for Award Management (SAM), of this clause requires that all quoters doing business with the Federal Government to be registered in the SAM database. Quoters should include their Unique Entity Number in their quotes. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardees Unique Entity ID number into the SAM database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award. For the purposes of this solicitations, all quoters SAM registration should include NAICS code 562111.

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

Quotes shall be received on or before the deadline of June 6, 2023, at 10:00 a.m. Central Time. Quotes shall be submitted electronically via email to jholleman@bop.gov in pdf format only and will be deemed received at the time as indicated on the email notification. Faxed and hand delivered quotes will not be accepted. Quotes received after the quote deadline will be handled in accordance with FAR 212-1(f).

Please submit any questions you may have in writing. Questions may be submitted via email to jholleman@bop.gov.

Sincerely, //s// John Holleman, Contracting Officer mailto:jholleman@bop.gov mailto:jholleman@bop.gov.

15BFA02300000074 Page 1 of 57

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 AND 30.

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15BFA02300000074

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

05/08/2023

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

John Holleman jholleman@bop.gov

b. TELEPHONE NUMBER (No collect calls)

202-598-6011

8. OFFER DUE DATE / LOCAL

TIME

06/06/2023 10:00 CT

CODE 15BFA0

Federal Bureau of Prisons

Field Acquisition Office

U.S. Armed Forces Reserve Complex

346 Marine Forces Drive

Grand Prairie, TX 75051

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

8(A)

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

562111

SIZE STANDARD:

47 mil

10. THE ACQUISITION IS

SEE SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

13b. RATING

X REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

15B109CODE15. DELIVER TO

Federal Bureau of Prisons FMC Lexington

3301 LEESTOWN RD

Lexington, KY 40511

CODE 15B10916. ADMINISTERED BY

Federal Bureau of Prisons FMC Lexington

3301 LEESTOWN RD

Lexington, KY 40511

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

15B109CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FMC Lexington

3301 LEESTOWN RD

Lexington, KY 40511

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

To Provide Solid Waste Removal services for FMC Lexington in accordance with the Statement of Work

Unique Entity Number:

Firm Fixed Price

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

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

X ARE ARE NOT ATTACHED

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

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE _____________________________

OFFER DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK

5) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

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

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (Type or print)

John Holleman

31c. DATE SIGNED

05/08/2023

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

15BFA02300000074 Page 2 of 57

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

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

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

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 11/2021) BACK

15BFA02300000074 Page 3 of 57

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2.1 Pricing Methodology

2.2 Schedule of Services/Statement of Work Solid Waste Removal

2.3 Special Contract Conditions

3 Contract Clauses 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Jun 2020) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Dec 2022) 52.228-5 Insurance-Work on a Government Installation (Jan 1997) 52.232-18 Availability of Funds (Apr 1984) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021) 52.216-18 Ordering (Aug 2020) 52.216-19 Order Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (NOV 2020) 2852.201-70 Contracting Officer's Representative (COR) (NOV 2020)

BOP 2852.237-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS

(JUNE 2004)

BOP 2852.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR

2011) DOJ-01 Whistleblower Information Distribution (Oct 2021) DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021) DOJ-04 Federal Workplace Responses to Domestic Violence, Sexual Assault, and Stalking (DEC 2014) DOJ-08 Continuing Contract Performance During a Pandemic Influenza or other National Emergency

(OCT 2007)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Dec 2022) DOJ-02 Contractor Privacy Requirements (JAN 2022)

4 List of Attachments 5 Solicitation Provisions

52.217-5 Evaluation of Options (July 1990) 52.204-7 System for Award Management (Oct 2018) 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Nov 2021)

5.1 Tailoring/Quote Submission Requirements Instructions/Evaluation Award Methodology/SAM/

PTAC/FOIA

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 2852.233-70 Protests Filed Directly with the Department of Justice (NOV 2020) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (Dec 2022)

15BFA02300000074 Page 4 of 57

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0001 Solid Waste Removal Base Year See Section 2.2 "Schedule of Services" on pages 5-10 of solicitation.

Effective Date of Award (EDOA)-through twelve months from

EDOA.

Estimated Maximum

PSC: S222

Base Period

1 YR $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0002 Solid Waste Removal Option Year 1 See Section 2.2 "Schedule of Services" on pages 5-10 of solicitation.

13 months from Effective Date of Award (EDOA) through 24 months from EDOA.

Estimated Maximum

PSC: S222

Option Period 1

1 YR $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0003 Solid Waste Removal Option Year 2 See Section 2.2 "Schedule of Services" on pages 5-10 of solicitation.

25 months from Effective Date of Award (EDOA) through 36 months from EDOA.

Estimated Maximum

PSC: S222

Option Period 2

1 YR $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0004 Solid Waste Removal Option Year 3 See Section 2.2 "Schedule of Services" on pages 5-10 of solicitation.

37 months from Effective Date of Award (EDOA) through 48 months from EDOA.

Estimated Maximum

PSC: S222

Option Period 3

1 YR $________ $_________________

15BFA02300000074 Page 5 of 57

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0005 Solid Waste Removal Option Year 4 See Section 2.2 "Schedule of Services" on pages 5-10 of solicitation.

49 months from Effective Date of Award (EDOA) through 60 months from EDOA.

Estimated Maximum

PSC: S222

Option Period 4

1 YR $________ $_________________

Aggregate Total:$____________________(Base plus all option periods)

2.1 Pricing Methodology

Quoters are required to submit, as part of their quote, a completed copy of Section 2, “Commodity or Services Schedule.” The quantity of services to be provided by the Contractor is estimated. 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 include all charges to the Government for providing the services required by this solicitation/contract.

Pursuant to FAR 17.203(b), the Government’s evaluation shall be inclusive of options. The Government will evaluate quotes for award purposes by adding the total price of all options to the total price of the base year requirement. 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.

2.2 Schedule of Services/Statement of Work Solid Waste Removal

Schedule of Services

Base Year – Location A

Rental of (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

12 months x $____________ per month = $____________ per year.

Haul charge for one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

104 hauls x $______________ per month = $____________ per year.

Base Year – Location B

Haul charge for one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

15BFA02300000074 Page 6 of 57

Base Year – Location C

Haul charge for one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

Base Year – Location D

Haul charge for one (1) self-contained compactor with 30 cubic yard open top container. Estimated maximum.

52 hauls x $______________ per month = $____________ per year.

Total for Base Year: $________________

Option Year 1 – Location A

Haul charge for one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

Option Year 1 – Location B

15BFA02300000074 Page 7 of 57

Haul charge for one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

Option Year 1 – Location C

Haul charge for one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

Option Year 1 – Location D

Haul charge for one (1) self-contained compactor with 30 cubic yard open top container. Estimated maximum.

Total for Option Year 1: $________________

Option Year 2 – Location A

Haul charge for one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

Option Year 2 – Location B

15BFA02300000074 Page 8 of 57

Haul charge for one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

Option Year 2 – Location C

Haul charge for one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

Option Year 2 – Location D

Haul charge for one (1) self-contained compactor with 30 cubic yard open top container. Estimated maximum.

Total for Option Year 2: $________________

Option Year 3 – Location A

Haul charge for one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

15BFA02300000074 Page 9 of 57

Option Year 3 – Location B

Haul charge for one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

Option Year 3 – Location C

Haul charge for one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

Option Year 3 – Location D

Haul charge for one (1) self-contained compactor with 30 cubic yard open top container. Estimated maximum.

Total for Option Year 3: $________________

Option Year 4 – Location A

15BFA02300000074 Page 10 of 57

Haul charge for one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

Option Year 4 – Location B

Haul charge for one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

Option Year 4 – Location C

Haul charge for one (1) self-contained compactor with 30 cubic yard closed container. Estimated maximum.

Option Year 4 – Location D

Haul charge for one (1) self-contained compactor with 30 cubic yard open top container. Estimated maximum.

Total for Option Year 4: $________________

Aggregate Total of Base Year and All Options: $__________________

Statement of Work Solid Waste Removal

INTRODUCTION

15BFA02300000074 Page 11 of 57

To provide trash removal services for the Bureau of Prisons, Federal Medical center, and Atwood Federal Prison Camp, located at 3301 Leestown Road, Lexington, Kentucky 40511-8799. The contractor shall furnish all labor, equipment, vehicles, and materials necessary for the collection and disposal of trash and refuse from the indicated pick-up points as specified in the contract.

SCOPE OF WORK:

Size and type of vehicles: The hauling vehicle shall incorporate a leak proof body with replaceable door seals and shall be fully enclosed. Vehicles shall possess the lifting capacity capable of picking up and dumping containers with the capacities identified herein. To prevent unreasonable delay in servicing collection stations caused by breakdown of the mechanical containers handling vehicle, the contractor shall possess a standby vehicle with a duplicate handling mechanisms. A mechanically operated cover shall be incorporated on the vehicle to operate in such manner as to protect the container in dump position from the wind and to prevent the spillage of materials across the back of the truck during dumping operations.

Adequate measures will be taken at all time to prevent spillage or catering to the truck contents by wind or other means.

Size and type of containers:

The Government is requesting Marathon RJ-250SC or equivalent self-contained compactors.

The contractor shall provide containers that in the sizes and capacities as identified herein.

The containers are to be equipped with top lids matching existing ramps and docks for elevation (if required). Stop latches and release chains are to be even to stops approximately 30 degrees, 60 degrees and 90 degrees, for the conveniences of the user. All larger containers shall be leak proof. Containers used for putrescible waste shall be drain-fitted with a threaded plug to facilitate washing. Latches on the end doors shall be manual type or constructed in such a way as not to cause injury when opened.

Containers The schedule of containers locations and container sizes are specified for the purpose of locating adequate receptacles for anticipated refuse generation. The contracting officer is authorized to vary such containers and locations as deemed necessary providing the contractor has adequate lead time to make the necessary changes however, the contract will not result in a change of contract pricing.

In the event a compactor (s.) breaks down, the contractor will provide a replacement container at no additional cost to the government unless the repairs can be made within 24 hours. The size of the container (s) will be determined by the Contracting Officer’s Representative (COR).

All containers shall be painted a uniform color and numbers assigned for identification purposes. Containers shall be repainted if necessary to prevent rust or unsightly conditions.

Compactor Keys:

The contractor will not have access to the keys that operate the two (2) compactors in location A & B. The appointed escort shall be the only authorized individual to unlock and operate the two (2) compactors for removal by the contractor.

Collections:

Collections will be provided at the Federal Medical Center between the hours of 3:00 a.m. and 6:00 a.m., for the locations of A&B.

15BFA02300000074 Page 12 of 57

Collections will be provided at the Atwood Federal Prison Camp and Outside Garage, FMC Lexington, Kentucky, between the hours of 6:00 a.m. and 3:00 p.m. container C located at the Food Service area of Atwood Camp shall be emptied twice weekly, Mondays and Fridays. Container D located at the Garage will be emptied Every Friday excluding holidays.

A lay down yard will be provided for storage of compactors outside the secure perimeter to help assist with swapping out full containers, if the contractor chooses to utilize.

Accumulation:

The contractor agrees to remove the entire accumulation of trash and non-edible garbage at the monthly rate quoted herein.

Sanitary Conditions:

The contractor will be required to dispose of the miscellaneous trash and non-edible garbage in such a manner as not to cause conditions detrimental to the public health or to constitute a public nuisance. The contractor will assume-full responsibility for the compliance with all, Federal, State, City, and County laws, rules and regulations governing removal of waste materials. Collections must be made in contractor’s containers which must be fully enclosed, rat-proof, leak-proof, and fire-retardant. Containers must be kept clean, sanitized, and after dumping must be deodorized. Any trash or garbage scattered by the contractor on the institution grounds must be recovered and removed. The pick-up area must be left in a clean sanitary condition.

Cleaning of the containers shall be the responsibility of the contractor. All containers will be washed and cleaned inside and out once a week during the months of June, July, August, and September, and once a month the other eight months, or as they become malodorous or unsanitary, or when requested by the COR.

Maintenance of the containers:

The contractor shall maintain the refuse containers and equipment in a state of satisfactory repair and appearance.

The contractor must utilize a disposal facility for trash/waste that is in accordance with all

Kentucky, State, City, or Ordinance, laws and regulations. This shall include but not be limited to the regulations of the environment protection agency.

Disposal Facility: A disposal facility is hereby referred to as a landfill which serves a municipal, institutional, and/or rural population and is used or to be used for disposal of domestic waste, commercial waste, institutional waste, municipal waste, demolition/construction waste, fanning waste, discarded automobile tire, (shredded or halved) and dead animals.

Supplies or Services and Prices/Costs Trash Service

Furnish all labor, equipment, vehicles, and materials unless otherwise specified herein, necessary for and incidental to the collection and disposal of trash and refuse from indicated pick-up points at the Federal Medical Center, and the Federal Prison Camp, 3301 Leestown Road, Lexington, Kentucky 40511-8799.

15BFA02300000074 Page 13 of 57

Containers and compactors required to be placed in the designated areas listed below* **

LOCATION (A) FOOD SERVICE, Located approximately 350 yards due west of the rear gate, inside the perimeter fence area of the FMC. The compactor shall be stationary with a 30 yard closed container, to be supplied by the contractor. The container shall be emptied three times weekly, Monday, Wednesday, and Friday in accordance-with the times listed below.

LOCATION (B) UNICOR, located approximately 350 yards due west of the rear gate within the inside perimeter fence area of the FMC. The compactor with guillotine shall be stationary with a 30 yard closed container to be supplied by the contractor. The container shall be emptied twice weekly, Tuesday and Thursday, in accordance with the times listed below.

The driver shall notify the Perimeter Patrol Officer of his or her arrival. Upon arrival, the contractor will bring in an empty container. Once inside of the service perimeter the contractor will switch the empty container with the fully loaded container and proceed to the rear gate with a fully loaded container. The Driver will remain in the rear gate until a successful verbal count has been accomplished. The contractor at his/her discretion may elect to leave the fully loaded container inside the old rear gate area for twenty four hours. The contractor will be escorted by staff at all times while inside the secured perimeter.

The hours will be between 3:00 a.m. and 5:30 a.m., in accordance with the scheduled days of service. The time frames will vary based on institution mission objectives and at no additional cost to the owner.

If the government fails to allow entry within the times frames listed above for other than an emergency situation determined by the Institution Captain, the contractor may request reimbursement for costs associated with the delay.

All costs associated with the delay shall be in accordance with the procedures outlined in the Federal Acquisition Regulation.

If the contractor fails to arrive between the times described above, the government may take an administrative deduction for costs associated with the delay.

LOCATION (C) ATWOOD PRISON CAMP, located off from the main entrance road to the second access road.

The compactor shall be stationary with a 30 yard closed container to be supplied by the contractor. The container shall be emptied twice weekly, Mondays and Fridays.

LOCATION (D) GARAGE, located behind the main institution and perimeter fences, adjacent to the Garage fuel tanks, one 30 yard open top container to be supplied by the contractor. The container shall be emptied once per week on Fridays.

The owner reserves the unilateral right to change the number of pulls, increase or decrease the size and location of each compactor/container, whenever necessary through a modification to the contract.

In the event a recognized government holiday, falls on a scheduled pickup day, the contractor shall treat the next day as the scheduled pick-up day, within the terms and conditions set forth in the locations, addressed above.

2.3 Special Contract Conditions

Type of Contract: The Government contemplates a single award of an indefinite delivery/requirements type contract with firm-fixed unit prices resulting from this solicitation. It is anticipated that the contract resulting from this solicitation will be awarded in May 2023 and with an anticipated effective date of award (EDOA) of June 1, 2023. On or about the EDOA, FMC Lexington will issue a task order to the contractor. The contractor shall commence full performance of services on the EDOA. Therefore, all background clearances shall be completed prior to the EDOA.

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The resulting contract will include a base year period from the effective date of award (EDOA) through 12 months from the EDOA with four (4) possible 12-month option years for renewal at the unilateral discretion of the Government. Quoters are advised that the Government has the unilateral right to exercise option periods in accordance with FAR 52.217-9, "Option to Extend the Term of the Contract.”

Performance Period(s): The anticipated effective date of award (EDOA) is June 1, 2023.

Base Year: EDOA through 12 months from EDOA;

Option Year 1: 13 months from EDOA through 24 months from EDOA;

Option Year 2: 25 months from EDOA through 36 months from EDOA;

Option Year 3: 37 months from EDOA through 48 months from EDOA;

Option Year 4: 49 months from EDOA through 60 months from EDOA.

Point of Acceptance: The point of acceptance for services is FMC Lexington.

Non-Personal Services Information: This service is a contractual arrangement and not a personnel appointment. Payment is based on the provision of an end product or the accomplishment of a specific task. The service does not constitute an employer/employee relationship. The contractor will not be subject to Government supervision, except for security related matters. However, contractor performance shall be monitored. The contractor shall attend all training required by the Bureau of Prisons for contract workers. The contractor will not be permitted to attend institution meetings, staff recalls or Government training sessions for institution staff.

Reviews: The Contracting Officer or designee is authorized to review by on-site survey, review of records, or by any other reasonable manner, the quality of 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 service does not support the charges or if the service is deemed not necessary or appropriate. Such determinations may be made by the Contracting Officer or COR, whichever is appropriate. All records shall be subject to review by the Contracting Officer or other delegated representatives of the BOP.

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

Contract Administration Office (CAO): The Contracting Office at FMC Lexington is assigned to be the CAO for a resultant contract. This assignment carries with it the authority to perform all normal contract administration functions as listed in FAR 42.302(a), items 1 through 70; to the extent those functions apply to this contract. This assignment also includes delegation of authority to perform functions specified in FAR 42.302(b), items 1 through 11.

Ordering Official: Task orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for FMC Lexington with an appropriate certificate of appointment. Each task order will identify the services schedule for that period. Orders can be issued orally, by facsimile, mail, or electronic commerce methods. Task orders will take the form of a purchase request.

Contract Security/Investigative Requirements: The Contractor will not be subject to Government supervision, except for security related matters and monitoring of contract performance.

The following investigative procedures may be applied and appropriate forms completed before any Contractor employees are permitted inside an institution:

National Crime Information Center (NCIC) Check;

Declaration of Federal Employment (OF-306);

FD-258 (fingerprint check);

Law Enforcement Agency checks;

Vouchering of Employees;

Employment Resume;

Completed Contractor Pre-employment Questionnaire;

Release of Information;

Questionnaire for Sensitive Positions (SF-85for Low Risk, SF-85P for above low risk);

Credit Check, if applicable;

Urinalysis, if applicable.

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In addition to the above procedures, Contractor employees must agree to undergo a urinalysis test (for the detection of marijuana and other drug usage). If a test result is positive, the individual(s) shall be excluded and the Contractor shall provide acceptable replacement personnel subject to the same security requirements. Before a quote can be considered for award, the Contractor must agree to submit to the all the above security requirements.

Statement of Equivalent Hires: The applicable fill in information for FAR 52.222-42, Statement of Equivalent Hires (May 2014) is as follows: Truckdriver, Heavy, Code 31363 - $23.31 plus benefits; Refuse Collector, Code 99730 - $17.47 plus benefits. As stated in the contract clause, this is for information purposes only.

Department of Labor Wage Determination: The applicable DOL Wage Determination for this procurement has been determined to be Wage Determination No. 2015-4683 Revision No. 23 Last Revision 12-27-2022. The current revision of the determination is attached for informational purposes.

Schedule of Insurance: In accordance with FAR 52.212-4(q), the Contractor shall comply with all applicable Federal, State, and local laws for the requirements of maintaining applicable insurance coverage.

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Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Dec 2022)

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

Clause Title Fill-ins (if applicable)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To

Inform Employees of Whistleblower Rights (Jun 2020)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial

Services (Dec 2022)

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

52.232-18 Availability of Funds (Apr 1984)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Nov 2021)

Clauses By Full Text

52.216-18 Ordering (Aug 2020)

(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 current performance period through the last day of the current performance period [insert dates].

(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) A delivery order or task order is considered "issued" when--

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

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(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either--

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(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 the deliverable as identified in Schedule of Services [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of the estimated quantities in the Schedule of Items within the current performance period [insert dollar figure or quantity];

(2) Any order for a combination of items in excess of the estimated quantities in the Schedule of Items within the current performance period [insert dollar figure or quantity]; or

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

(End of clause)

52.216-21 Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

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(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 [insert date].

(End of clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within prior to expiration of the current performance period [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(End of clause)

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

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

(End of clause)

2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (NOV 2020)

(a) “Unsafe condition” as used in this clause means the actual or potential exposure of Contractor or Government employees to a hazardous material.

(b) “Hazardous Material” as used in this clause includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract), any other potentially hazardous material requiring safety controls, or any other material or working condition designated as hazardous by the Contracting Officer's Representative (COR).

(c) 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.

(d) Prior to commencement of work, Contractors are required to inspect for and report to the Contracting Officer 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.

(e) 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.

(f) 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.

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

(End of Clause)

2852.201-70 Contracting Officer's Representative (COR) (NOV 2020)

(a) Mr./Ms. [Name] David Brown of FMC Lexngton , Federal Medical Center 3301 Leestown Road Lexington, KY 40511 , 859-255-6812 , is hereby designated to act as Contracting Officer's Representative (COR) under[Contract Number] , for the period of [Period] (specify the performance period of the contract that the designation covers).

(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or another representative designated in writing by the Contracting Officer. The term “technical direction” includes, without limitation, the following:

(i) Receiving all deliverables;

(ii) Inspecting and accepting the supplies or services provided in accordance with the terms and conditions of this contract;

(iii) Clarifying, directing, or redirecting the contract effort, including shifting work between work areas and locations, filling in details, or otherwise serving to accomplish the contractual statement of work to ensure the work is accomplished satisfactorily;

(iv) Evaluating performance of the Contractor; and

(v) Certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COR does not have the authority to issue direction that:

(i) Constitutes a change of assignment or work outside the contract specification/work statement/scope of work.

(ii) Constitutes a change as defined in the clause entitled “Changes” or other similar contract term.

(iii) Causes, in any manner, an increase or decrease in the contract price or the time required for contract performance;

(iv) Causes, in any manner, any change in a term, condition, or specification or the work statement/scope of work of the contract;

(v) Causes, in any manner, any change or commitment that affects price, quality, quantity, delivery, or other term or condition of the contract or that, in any way, directs the contractor or its subcontractors to operate in conflict with the contract terms and conditions;

(vi) Interferes with the contractor's right to perform under the terms and conditions of the contract;

(vii) Directs, supervises, or otherwise controls the actions of the Contractor's employees or a Subcontractor's employees.

(d) The Contractor shall proceed promptly with performance resulting from the technical direction of the COR. If, in the opinion of the Contractor, any direction by the COR or the designated representative falls outside the authority of (b) above and/or within the limitations of (c) above, the Contractor shall immediately notify the Contracting Officer.

(e) Failure of the Contractor and Contracting Officer to agree that technical direction is within the scope of the contract is a dispute that shall be subject to the “Disputes” clause and/or other similar contract term.

(f) COR authority is not re-delegable.

(End of Clause)

BOP 2852.237-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)

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

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

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

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

If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current information regarding allied countries: http://www.opm.gov/employ/html/citizen.htm By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.

[End of Clause]

BOP 2852.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR 2011)

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

In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit it to the Past Performance Information Retrieval System (PPIRS). The BOP utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to provide contractor performance evaluations. The contractor shall provide and maintain a current e-mail address throughout the life of the contract. The contractor will receive an e-mail from the Focal Point thru the following website addresswebptsmh@navy.milwhen the contract is registered in CPARS. The e-mail will contain a "user ID" and

15BFA02300000074 Page 20 of 57 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)

DOJ-01 Whistleblower Information Distribution (Oct 2021)

Within 30 days of contract award, the contractor and its subcontractors must distribute the “Whistleblower Information for Employees of DOJ Contractors, Subcontractors, Grantees, or Sub-Grantees or Personal Services Contractors” (“Whistleblower Information”) document to their employees performing work in support of the products and services delivered under this contract (https://oig.justice.gov/sites/default/files/2020-04/NDAA-brochure.pdf). By agreeing to the terms and conditions of this contract, the prime contractor acknowledges receipt of this requirement, in accordance with 41 U.S.C. § 4712 and FAR 3.908 & 52.203-17, and commits to distribution. Within 45 days of award, the contractor must provide confirmation to the contracting officer verifying that it has distributed the whistleblower information as required.

(End of Clause)

DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021)

Work performed under this contract will involve any one or more of the following: access to DOJ Information, which may include Controlled Unclassified Information (CUI), i.e., unclassified, sensitive DOJ information, and/or access to DOJ Information Technology (IT) systems, and/or unescorted access to DOJ space or facilities. Contractor employees will occupy Public Trust Positions, unless clause alternates are applied.

1. General Requirements

(a) (1) All references to “contract(or) personnel” and “contract(or) employee” in this clause means all individuals, without limitation, to include individuals employed by the contractor, team member, subcontractor, consultant, and/or independent contractor, who will have access to information of the Department of Justice (DOJ) or information that is within the custody and control of the DOJ, access to DOJ IT systems, and/or unescorted access to DOJ facilities/space in connection with the performance of this contract. “Employment” as used herein does not create nor imply an employer/employee relationship between the DOJ and contractor employees.

(b) (1) The type of security investigation required for each contractor employee will be governed by the type and risk level of information made available to the contractor employee. The contractor will not be permitted to commence performance under this contract until a sufficient number of its personnel, as determined by the Security Programs Manager (SPM), in consultation with the Contracting Officer’s Representative if one is appointed, have received the requisite security

(c) Except where specifically noted otherwise, the federal government will be responsible for the cost and conduct of the investigation.

(d) The contractor shall ensure that no contractor employee commences performance prior to receipt of a written authorization from the contracting officer, COR, or the SPM that performance by the respective contractor employee is authorized.

(e) The data and other information to which the contractor may have access as a result of this contract is the property of, and/or within the custody and control of, the Department, and its disclosure to third parties is governed by various statutes and regulations, the violation of which may subject the discloser to criminal

2. Citizenship and Residency Requirements

(a) Residency Requirement. (1) Contractor employees in Public Trust…