Solicitation - FCI Leavenworth.pdf

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

Field Acquisition Office Grand Prairie, Texas 75051

September 19, 2025

Dear Quoter:

Attached is the solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the provision of Landfill Services at the Federal Correctional Institution (FCI) Leavenworth, Kansas. This package contains all necessary information for interested vendors to prepare and submit a quote.

SAM Registration In accordance with FAR 52.204-7, all quoters must be actively registered in the System for Award Management (SAM) at the time of quote submission. Registration must reflect NAICS code 562212.

Quotes shall include the quoter’s Unique Entity Identification (UEI). The Contracting Officer will verify registration in the SAM prior to award.

Submission of Quotes Quotes shall be submitted via email only, to llwheeler@bop.gov no later than the date and time specified therein the solicitation package. The Government’s email system timestamp shall be the official time of receipt.

Unacceptable Methods Submission of quotes by fax, hand-delivery, or any means other than email is not authorized and will not be accepted.

Compliance Notice Failure to provide all required information or failure to comply with the submission instructions contained herein may result in the quoter being eliminated from award consideration.

E-Verify Requirement Pursuant to FAR 52.222-54, the selected contractor shall comply with E-Verify requirements by enrolling in E-Verify within 30 calendar days of the contract award and initiating verification of all new hires within 90 calendar days of enrollment.

On behalf of the Federal Bureau of Prisons, we appreciate your interest in this requirement and look forward to receiving your submission in accordance with the solicitation instructions.

Respectfully, LaQueta Wheeler

LaQueta Wheeler Contracting Officer mailto:llwheeler@bop.gov

15BFA025Q00000137 Page 1 of 61

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

15BFA025Q00000137

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

09/19/2025

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

LaQueta Wheeler, llwheeler@bop.gov

b. TELEPHONE NUMBER (No collect calls)

202-598-6050

8. OFFER DUE DATE / LOCAL

TIME

10/06/2025 01:00 PM 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):

562212

SIZE STANDARD:

$47 million

10. THE ACQUISITION IS

SEE SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

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

CODE15. DELIVER TO CODE 15B40816. ADMINISTERED BY

Federal Bureau of Prisons FCI Leavenworth

1300 METROPOLITAN AVENUE

Leavenworth, KS 66048

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

BLVNCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCI Leavenworth

PO BOX 1000

Leavenworth, KS 66048

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

The Contractor shall provide Landfill services for the Federal Correctional Institution (FCI) Leavenworth, Kansas in accordance with the Statement of Work.

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)

LaQueta Wheeler

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

Federal Bureau of Prisons FCI Leavenworth

1300 METROPOLITAN AVENUE

Leavenworth, KS 66048

15B408

15BFA025Q00000137 Page 2 of 61

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

15BFA025Q00000137 Page 3 of 61

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

Section 2.1 Pricing Methodology Section 2.2 Statement of Work - Landfill Services Section 2.3 Special Contract Conditions

3 Contract Clauses 52.204-13 System for Award Management Maintenance (Oct 2018) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) 52.228-5 Insurance-Work on a Government Installation (Jan 1997) 52.232-18 Availability of Funds (Apr 1984) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.242-13 Bankruptcy (July 1995) 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) 2852.201-70 Contracting Officer's Representative (COR) (NOV 2020) 2852.222-70 Domestic Violence, Sexual Assault, and Stalking (DEC 2014) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (NOV 2020)

BOP 2852.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS

(APR 2011)

DOJ-01 Whistleblower Information Distribution (Oct 2021) DOJ-02 Contractor Privacy Requirements (JAN 2022) DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021) DOJ-05 Security of Department Information and Systems DOJ-05 (OCT 2023) 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 (Jan 2025)

4 List of Attachments 5 Solicitation Provisions

52.204-7 System for Award Management (Nov 2024) 52.217-5 Evaluation of Options (July 1990) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) 52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures (Dec 2023) 2852.233-70 Protests Filed Directly with the Department of Justice (NOV 2020) Section 5.1 Quote Submission Instructions/Evaluation and Award Methodology/SAM Registration 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2024)

15BFA025Q00000137 Page 4 of 61

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Year - Effective Date of Award through 12 months Landfill Services Estimated Maximum.

PSC: S205

1,200 TN $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Base Year - Effective Date of Award through 12 months Pick Up and Delivery Estimated Maximum.

PSC: S205

208 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Option Year 1 - 13 months from EDOA through 24 months Landfill Services Estimated Maximum.

PSC: S205

1,200 TN $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Option Year 1 - 13 months from EDOA through 24 months Pick Up and Delivery Estimated Maximum.

PSC: S205

208 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Option Year 2 - 25 months from EDOA through 36 months Landfill Services Estimated Maximum.

PSC: S205

1,200 TN $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 Option Year 2 - 25 months from EDOA through 36 months Pick Up and Delivery Estimated Maximum.

PSC: S205

208 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0007 Option Year 3 - 37 months from EDOA through 48 months Landfill Services Estimated Maximum.

PSC: S205

1,200 TN $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0008 Option Year 3 - 37 months from EDOA through 48 months Pick Up and Delivery Estimated Maximum.

PSC: S205

208 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0009 Option Year 4 - 49 months from EDOA through 60 months Landfill Services Estimated Maximum.

PSC: S205

1,200 TN $________ $_________________

15BFA025Q00000137 Page 5 of 61

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 Option Year 4 - 49 months from EDOA through 60 months Pick Up and Delivery Estimated Maximum.

PSC: S205

208 EA $________ $_________________

Section 2.1 Pricing Methodology

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.

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.

Section 2.2 Statement of Work - Landfill Services

Subject

The Federal Bureau of Prisons (FBOP), Field Acquisition Office (FAO), intends to make a single award of an indefinite delivery, requirements type contract with firm-fixed prices for landfill disposal services. All services will be performed in accordance with the requirements outlined in this statement of work for the Federal Correctional Institution (FCI) located in Leavenworth, Kansas.

Place of Performance: Services will be performed at the contractor’s disposal facility. The facility must be approved by the Kansas

Department of Health and Environment, operated in accordance with all Federal, State and Local codes and laws, and meet EPA requirements and standards.

The disposal facility shall be located within a 30 mile (one-way) radius of the FCI:

FCI Leavenworth

1300 Metropolitan Ave.

Leavenworth, Kansas 66048

Schedule

1. (1) 30 cubic yard, Tuesday 8:00 am 9:00 am and return within three (3) hours.

2. (1) 30 cubic yard, Tuesday after the return of the first 30 cubic yard compactor and return within three (3) hours but prior to 2:00 pm.

3. (1) 30 cubic yard, Friday 9:00 am 10:00 am and return within three (3) hours.

4. (1) 20/40 yard, open top container after the return of the 30 cubic yard compactor on Friday and return within three (3) hours but prior to 2:00 pm.

5. The Government estimates deliveries to the contractor’s disposal facility will occur on a weekly basis, Tuesday thru

Friday, between the hours of 8:00 a.m. to 4:00 p.m. local time, excluding Federal holidays. When a scheduled collection falls on a Federal Holiday, the pick-up shall be made the following day at the regularly scheduled time at no additional cost to the Government.

Inclement Weather Schedule

Refuse shall be collected as scheduled during inclement weather unless specific approval to delay is requested by the Contractor and approved by the Contracting Officer.

Estimated Aggregate Pricing (Base + Option Years): $_____________________

15BFA025Q00000137 Page 6 of 61

Description of Work

FCI Leavenworth will transport supplied compactors of garbage and construction debris to the rear gate sally port, to be kept over night. The contractor will pick up from the institutions sally port/rear gate and drop off an empty compactor that BOP staff will then transport into the facility weekly. Having 3 compactors in rotation at all times. Upon pick up, the contractor shall be responsible for and become sole owner of all trash, garbage and debris from FCI Leavenworth. The contractor will be fully responsible for the disposal of the materials in a lawful and proper manner. The Government estimates they will deliver 100 tons per month of the above materials, however there is no guarantee regarding the estimated tonnage, as quantities will vary on a per delivery, weekly, monthly and yearly basis. The Contractor will be required to provide the Government with documentation of the tonnage for each delivery.

Contractor Use of Premises

The Contractor shall limit its use of the premise to the work indicated, so as to allow for Government occupancy and use. During the entire service period, the Contractor shall coordinate use of the premises for service operations with the Contracting Officer

Representative.

All visitors to the service site shall register with the BOP site officials. The Contractor shall not allow employees to have personal visitors on site.

The project site will be open to the Contractor from Monday through Friday, with exception of federal holidays, for the duration of the project. The project schedule is to be based on a normal 40 hour work week. Work outside the secure perimeter of the institution will not be allowed between the hours of 3:30 pm to 7:30 am. Work inside the secure perimeter of the institution will be allowed between the hours of 7:30 am to 3:30 pm.; however the contractor shall refer to the Execution of Work and Clarification of Information section for specific time requirements.

Removal and Disposal

The trash shall be removed and disposed of outside Government premises. The disposal method shall be in accordance with all

State, Local laws, and Federal Government Health and Sanitation Codes and regulations. The disposal of waste shall be in a legally and environmentally safe manner. The Contractor shall provide written documentation stating that the approved landfill meets all

Federal, State and local city regulations. FCI Leavenworth will not be responsible for any motor vehicle violations due to the weight of vehicles or falling debris from vehicles.

Equipment

Will be provided by Government.

Compactors

FCI Leavenworth owns five (5) self-contained dumpsters/compactors:

There are two (2) 30 cubic yard compactors for use located inside the secure perimeter at FCI Leavenworth (only one will be in use at a time) and will be emptied on a weekly basis. These compactors will be used interchangeably and staged outside the perimeter at a designated location. The Contractor will empty one full compactor on Tuesday morning between the hours of 8:00 am and 9:00 am and return the emptied container to the designated staging area within three (3) hours. Additionally, the contractor will empty one full compactor on Friday morning between the hours of 9:00 am and 10:00 am return the emptied container to the designated staging area within three (3) hours.

There is one (1) 30 cubic yard compactor for use located at the Camp of FCI Leavenworth that will be emptied on a weekly basis. This compactor will be staged at a designated location. The compactor will be emptied on Tuesday following the return of the 30 cubic yard compactor used inside the secure perimeter at FCI Leavenworth. Once removed the container will be returned within three (3) hours not to exceed 2:00 pm.

15BFA025Q00000137 Page 7 of 61

There are three (3) 40 cubic yard open box top containers and two (2) 20 cubic yard open box top containers that are located at the

Garage of FCI Leavenworth. The contractor will empty one (1) 20/40 cubic yard open box top container on Friday following the return of the 30 cubic yard compactor. Once removed the container will be returned within three (3) hours not to exceed 2:00 pm.

The Contractor shall provide complete trash removal service to include pick-up, haul, dump, clean, and relocate.

Hours and days of service shall not be altered without mutual agreement of the government.

Trash pick-up

Trash will not be segregated prior to pick-up. The “contents” of the compactor including all garbage, refuse and trash inside, resting upon or in the immediate vicinity of the compactor and that which might be spilled by collectors during pick-up, shall be thoroughly and completely collected. The compactor’s waste material will consist of solid and/or wet waste from Food Service and other departments within the institution. The pick-up schedule may be altered to meet the needs of the institution and FCI Leavenworth may require additional pulls and will notify the Contractor in advance as needed. The Contractor must, upon notification of FCI

Leavenworth complete the additional pulls within 24 hours.

Extra pull charge will not differ from the normal contracted rate.

Contractor Vehicle

The Contractor shall use vehicles specifically designed for refuse collection and which do not permit loss of refuse. The Contractor shall have sufficient equipment for execution of this contract.

Cleanliness of Collection Area

Collection station shall be left in a neat and orderly manner. All solid waste in the vicinity of the collection area, including spillage and waste left or spilled in the area by the contractor user, shall be picked up by the contractor, including all areas within ten (10) feet of containers. Containers shall be cleaned/sprayed out prior to return to help maintain cleanliness.

Contraband

The Contractor shall inform his/her employees that intoxicating beverages, drugs, weapons, etc.., will not be allowed on the site.

Introduction of contraband shall be subject to the penalties prescribed by Title 18 USC 1791. Cell phones, pagers, and radios are not allowed within the secure perimeter.

Contractor employees working on the BOP site shall adhere to all rules. These rules include, but are not limited to the following:

Weapons and ammunition of any kind are not allowed on Federal property, including the parking lot.

Leave personal items locked in your vehicle or secure them at the Contractor’s lay-down area. A form of photo ID is required to enter the facility.

Revealing clothing is not acceptable attire and work attire is required at all times. Conduct yourself in a responsible, mature manner.

Report any unusual action(s) or behavior to BOP staff.

End of Statement of Work

Section 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 October

15BFA025Q00000137 Page 8 of 61

2025, and with an anticipated Effective Date of Award (EDOA) of November 1, 2025. On or about the EDOA, FCI Leavenworth will issue a delivery/task order to the contractor. The contractor shall commence full performance services on the EDOA.

The resulting contract will include a base year period from the effective date of the 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 Periods:

Base Year: Effective Date of Award (EDOA) through 12 months from EDOA.

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

Option Year 2: 25 months from the EDOA thorough 36 months from EDOA.

Option Year 3: 37 months from the 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 at FCI Leavenworth.

Non-Personal Services Information: This service is a contractual arrangement and not a personal 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 a 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 Contracting Officer Representative (COR), whichever is appropriate.

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

Administrative Contracting Office (ACO): The Contracting Office at FCI Leavenworth is assigned to be the ACO 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 the resultant contract. This assignment also includes delegation of authority to perform functions specified in FAR 42.302(b), Items 1 through 11.

Authorized Ordering Official: Task Orders may be issued by any properly warranted FBOP Contracting Officer located at but not limited to the FCI Leavenworth utilizing the following methods: orally, facsimile, mail, or electronic commerce methods via OF-347 or SF-1449.

Requirements for Security Clearances: 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:

(1) National Crime Information Center (NCIC) check;

(2) Declaration of Federal Employment (OF-306);

(3) FD-258 (fingerprint check);

15BFA025Q00000137 Page 9 of 61

(4) Law Enforcement Agency checks;

(5) Vouchering of Employers;

(6) Employment Resume;

(7) Completed Contractor Pre-employment Questionnaire;

(8) Release of Information;

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

(10) Credit Check, if applicable;

(11) Urinalysis, if applicable.

Quoters should also note that clause DOJ-03, Personnel Security Requirements for Contractor Employees (Nov 2021) requires that contractor personnel have a "favorable credit report". Quoters are strongly encouraged to pre-screen potential candidates for credit issues before submitting the candidate to the FCI Leavenworth.

By submitting a quote for service, the contractor and its employees agree to complete the required documents and undergo the listed procedures. An individual who does not pass the security clearance will be unable to enter the Bureau facility. Any individual employed by the contractor who is deemed not suitable by the Bureau requirements will not be granted access to perform services under the contract. This is a condition of the contract. Finally, the contractor shall be in compliance with 8 CFR 274a regarding employment of aliens.

Schedule of Insurance:

In accordance with FAR 52.228-5 and 28.307-2,

(a) Workers’ Compensation and Employer’s Liability: Contractors are required to comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least

$100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

(b) General Liability: (1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence. (2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

(c) Automobile Liability: The contracting officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least

$200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

15BFA025Q00000137 Page 10 of 61

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023)

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)

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

52.209-10 Prohibition on Contracting with Inverted Domestic

Corporations (Nov 2015)

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023)

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

1997)

52.232-18 Availability of Funds (Apr 1984)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors (Mar 2023)

52.233-3 Protest after Award (Aug 1996)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.242-13 Bankruptcy (July 1995)

Clauses By Full Text

52.216-18 Ordering (Aug 2020)

15BFA025Q00000137 Page 11 of 61

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the first day of the current option year through the last day of the current option year [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;

(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 deliverable as identified in the 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 option year [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 option year [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

15BFA025Q00000137 Page 12 of 61 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 option year [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 the expiration of the current option year [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 (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. 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, 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)

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

(a) Mr. Kyle Lansing of the FCI Leavenworth, located at 1300 Metropolitan Avenue, Leavenworth, Kansas 66048, 913-578-1620, is hereby designated to act as Contracting Officer's Representative (COR) under 15BFA025Q00000137, for the period of the duration of the resultant contract (specify the performance period of the contract that the designation covers).

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(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)

2852.222-70 Domestic Violence, Sexual Assault, and Stalking (DEC 2014)

(a) It is DOJ policy to enhance workplace awareness of and safety for victims of domestic violence, sexual assault, and stalking. This policy is summarized in “DOJ Policy Statement 1200.02, Federal Workforce Responses to Domestic Violence, Sexual Assault, and Stalking,” available in full for public viewing at: http://www.justice.gov/sites/default/files/ovw/ legacy/2013/12/19/federal-workplacee-responses-to-domesticeviolence-sexualassault-stalking.pdf.

Vendor agrees, upon contract award, to provide notice of this Policy Statement, including at a minimum the above-listed URL, to all Vendor employees and employees of subcontractors who will be assigned to work on DOJ premises.

(b) Upon contract award, DOJ will provide the Contractor with the name and contact information of the point of contact for victims of domestic violence, sexual assault, and stalking for the component or components where the Contractor will be performing. The Contractor agrees to inform its employees and employees of subcontractors, who will be assigned to work on DOJ premises, with the name and contact information of the point of contact for victims of domestic violence, sexual assault, and stalking.

(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.

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(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.

(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)

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 address webptsmh@navy.milwhen the contract is registered in CPARS. The e-mail will contain a "user ID" and temporary password to register in the CPARS system. The contractor must be registered to access and review its evaluation and/or provide a response. If assistance is required when registering, please contact the Contracting Staff/Focal Point.

(End of Clause)

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

3.906 & 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-02 Contractor Privacy Requirements (JAN 2022)

A. Limiting Access to Privacy Act and Other Sensitive Information

(1) Privacy Act Information

In accordance with FAR 52.224-1 Privacy Act Notification (APR 1984) and FAR 52.224-2 Privacy Act (APR 1984), if this contract requires Contractor personnel to have access to information protected by the Privacy Act of 1974, the contractor is advised that the relevant DOJ system of records notices (SORNs) applicable to this Privacy Act information may be found at https://www.justice.gov/opcl/doj-systems-records.[1] Applicable SORNs published by other agencies may be accessed through those agencies’ websites or by searching the Federal Digital System (FDsys) available at http://www.gpo.gov/fdsys/. SORNs may be updated at any time.

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(2) Prohibition on Performing Work Outside a Government Facility/Network/Equipment

Except where use of Contractor networks, IT, other equipment, or Workplace as a Service (WaaS) is specifically authorized within this contract, the Contractor shall perform all tasks on authorized Government networks, using Government-furnished IT and other equipment and/or WaaS and Government information shall remain within the confines of authorized Government networks at all times. Any handling of Government information on Contractor networks or IT must be approved by the Senior Component Official for Privacy of the component entering into this contract. Except where remote work is specifically authorized within this contract, the Contractor shall perform all tasks described in this document at authorized Government facilities; the Contractor is prohibited from performing these tasks at or removing Government-furnished information to any other facility; and Government information shall remain within the confines of authorized Government facilities at all times. Contractors may only access classified materials on government furnished equipment in authorized government owned facilities regardless of remote work authorizations.

(3) Prior Approval Required to Hire Subcontractors

The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (Subcontractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The Contractor (and any Subcontractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

(4) Separation Checklist for Contractor Employees

The Contractor shall complete and submit an appropriate separation checklist to the Contracting Officer before any employee or Subcontractor employee terminates working on the contract. The Contractor must submit the separation checklist on or before the last day of employment or work on the contract. The separation checklist must verify: (1) return of any Government-furnished equipment; (2) return or proper disposition of personally identifiable information (PII)[2], in paper or electronic form, in the custody of the employee or Subcontractor employee including the sanitization of data on any computer systems or media as appropriate; and (3) termination of any technological access to the Contractor’s facilities or systems that would permit the terminated employee’s access to PII or other sensitive information.

In the event of adverse job actions resulting in the dismissal of a Contractor or Subcontractor employee before the separation checklist can be completed, the Prime Contractor must notify the Contracting Officer within 24 hours and confirm receipt of the notification. In the case the Contractor is unable to notify the Contracting Officer, then the Contractor should notify the Contract Officer’s Representative (COR).

Contractors must complete the separation checklist with the Contracting Officer or COR by returning all Government-furnished property including, but not limited to, computer equipment, media, credentials and passports, smart cards, mobile devices, Personal Identity Verification (PIV) cards, calling cards, and keys and terminating access to all user accounts and systems. Unless the Contracting Officer requests otherwise, the relevant Program Manager or other Key Personnel designated by the Contracting Officer or COR may facilitate the return of equipment.

B. Privacy Training, Safeguarding, and Remediation

(1) Required Security and Privacy Training for Contractors

The Contractor must ensure that all employees take appropriate privacy training, including Subcontractors who have access to PII as well as the creation, use, dissemination and/or destruction of PII at the outset of the employee’s work on the contract and every year thereafter.