SOLICITATION_FCI LORETTO.pdf

U.S. Department of Justice

Federal Bureau of Prisons Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

RE: 15B20820Q00000001, Solid Waste Removal Services Federal Correctional Institution (FCI) Loretto, PA

Dear Quoter:

Attached is a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the provision of Solid Waste Disposal services for the FCI located in Loretto, PA.

This package contains all necessary information to submit a quote.

When submitting your quote, the quoter should consider all information provided herein. Please carefully follow all instructions located in the solicitation package concerning content, format, and submission of quotes. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award.

All potential quoters are advised that this solicitation includes the provision at FAR 52.204-7 System for Award Management (SAM) which requires that an offeror be registered in SAM when submitting an offer or quote and continue to be registered throughout the duration of the contract. Quoters should include their Data Universal Number System (DUNS) number in their quotes. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardees DUNS number into the SAM database.

Quotes shall be received on or before the deadline of Monday, August 17, 2020, at 10:00 a.m.

Central Time. Quotes shall be submitted in pdf format electronically via email to llwheeler@bop.gov. Faxed and hand delivered quotes will not be accepted.

Please submit any questions you may have concerning this solicitation in writing via email to llwheeler@bop.gov.

Sincerely, LaQueta Wheeler

LaQueta Wheeler Contracting Officer mailto:llwheeler@bop.gov mailto:llwheeler@bop.gov

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

15B20820Q00000001

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

08/04/2020

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

LaQueta Wheeler llwheeler@bop.gov

b. TELEPHONE NUMBER (No collect calls)

972-352-4536

8. OFFER DUE DATE / LOCAL

TIME

08/17/2020 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 UNRESTRICTED OR X SET ASIDE: % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD: $41,500,000

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

15B208CODE15. DELIVER TO

Federal Bureau of Prisons FCI Loretto 772 Saint Joseph Street

LORETTO, PA 15940

CODE 15B20816. ADMINISTERED BY

Federal Bureau of Prisons FCI Loretto 772 Saint Joseph Street

LORETTO, PA 15940

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

BLORCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCI Loretto

PO BOX 1000

LORETTO, PA 15940

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 NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Provision of Solid Waste Removal Services for the FCI Loretto in accordance with the Statement of Work.

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

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE 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

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 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: REF. _____________________________ 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. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

562111

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0001 Base Year: Solid Waste Removal Services October 1, 2020 to September 30, 2021

Pull Charge Compactor (Inside)

Estimated Maximum.

Firm Fixed Price

PSC: S222

60 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0002 Base Year: Solid Waste Removal Services October 1, 2020 to September 30, 2021

Pull Charge Compactor (Outside)

Estimated Maximum.

Firm Fixed Price

PSC: S222

26 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0003 Base Year: Solid Waste Removal Services October 1, 2020 to September 30, 2021

Pull Charge Open Top Container

Estimated Maximum.

Firm Fixed Price

PSC: S222

6 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0004 Base Year: Solid Waste Removal Services October 1, 2020 to September 30, 2021

Landfill Tipping Fees Compactors

Estimated Maximum.

Firm Fixed Price

PSC: S222

618 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0005 Base Year: Solid Waste Removal Services October 1, 2020 to September 30, 2021

Landfill Tipping Fees Open Top Compactors

36 EA $________ $_________________

Estimated Maximum.

Firm Fixed Price

PSC: S222

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0006 Base Year: Solid Waste Removal Services October 1, 2020 to September 30, 2021

Hourly Maintenance Fee

Estimated Maximum.

Firm Fixed Price

PSC: S222

50 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0007 Option Year 1: Solid Waste Removal Services October 1, 2021 to September 30, 2022

Pull Charge Compactor (Inside)

Estimated Maximum.

Firm Fixed Price

PSC: S222

60 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0008 Option Year 1: Solid Waste Removal Services October 1, 2021 to September 30, 2022

Pull Charge Compactor (Outside)

Estimated Maximum.

Firm Fixed Price

PSC: S222

26 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0009 Option Year 1: Solid Waste Removal Services October 1, 2021 to September 30, 2022

Pull Charge Open Top Container

Estimated Maximum.

Firm Fixed Price

PSC: S222

6 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0010 Option Year 1: Solid Waste Removal Services October 1, 2021 to September 30, 2022

Landfill Tipping Fees Compactors

Estimated Maximum.

Firm Fixed Price

618 EA $________ $_________________

PSC: S222

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0011 Option Year 1: Solid Waste Removal Services October 1, 2021 to September 30, 2022

Landfill Tipping Fees Open Top Compactors

Estimated Maximum.

Firm Fixed Price

PSC: S222

36 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0012 Option Year 1: Solid Waste Removal Services October 1, 2021 to September 30, 2022

Hourly Maintenance Fee

Estimated Maximum.

Firm Fixed Price

PSC: S222

50 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0013 Option Year 2: Solid Waste Removal Services October 1, 2022 to September 30, 2023

Pull Charge Compactor (Inside)

Estimated Maximum.

Firm Fixed Price

PSC: S222

60 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0014 Option Year 2: Solid Waste Removal Services October 1, 2022 to September 30, 2023

Pull Charge Compactor (Outside)

Estimated Maximum.

Firm Fixed Price

PSC: S222

26 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0015 Option Year 2: Solid Waste Removal Services October 1, 2022 to September 30, 2023

Pull Charge Open Top Container

Estimated Maximum.

Firm Fixed Price

PSC: S222

6 EA $________ $_________________

QUANTITY

UNIT UNIT PRICE AMOUNT

0016 Option Year 2: Solid Waste Removal Services October 1, 2022 to September 30, 2023

Landfill Tipping Fees Compactors

Estimated Maximum.

Firm Fixed Price

PSC: S222

618 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0017 Option Year 2: Solid Waste Removal Services October 1, 2022 to September 30, 2023

Landfill Tipping Fees Open Top Compactors

Estimated Maximum.

Firm Fixed Price

PSC: S222

36 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0018 Option Year 2: Solid Waste Removal Services October 1, 2022 to September 30, 2023

Hourly Maintenance Fee

Estimated Maximum.

Firm Fixed Price

PSC: S222

50 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0019 Option Year 3: Solid Waste Removal Services October 1, 2023 to September 30, 2024

Pull Charge Compactor (Inside)

Estimated Maximum.

Firm Fixed Price

PSC: S222

60 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0020 Option Year 3: Solid Waste Removal Services October 1, 2023 to September 30, 2024

Pull Charge Compactor (Outside)

Estimated Maximum.

Firm Fixed Price

PSC: S222

26 EA $________ $_________________

UNIT UNIT PRICE AMOUNT

0021 Option Year 3: Solid Waste Removal Services October 1, 2023 to September 30, 2024

Pull Charge Open Top Container

Estimated Maximum.

Firm Fixed Price

PSC: S222

6 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0022 Option Year 3: Solid Waste Removal Services October 1, 2023 to September 30, 2024

Landfill Tipping Fees Compactors

Estimated Maximum.

Firm Fixed Price

PSC: S222

618 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0023 Option Year 3: Solid Waste Removal Services October 1, 2023 to September 30, 2024

Landfill Tipping Fees Open Top Compactors

Estimated Maximum.

Firm Fixed Price

PSC: S222

36 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0024 Option Year 3: Solid Waste Removal Services October 1, 2023 to September 30, 2024

Hourly Maintenance Fee

Estimated Maximum.

Firm Fixed Price

PSC: S222

50 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0025 Option Year 4: Solid Waste Removal Services October 1, 2024 to September 30, 2025

Pull Charge Compactor (Inside)

Estimated Maximum.

Firm Fixed Price

PSC: S222

60 EA $________ $_________________

UNIT UNIT PRICE AMOUNT

0026 Option Year 4: Solid Waste Removal Services October 1, 2024 to September 30, 2025

Pull Charge Compactor (Outside)

Estimated Maximum.

Firm Fixed Price

PSC: S222

26 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0027 Option Year 4: Solid Waste Removal Services October 1, 2024 to September 30, 2025

Pull Charge Open Top Container

Estimated Maximum.

Firm Fixed Price

PSC: S222

6 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0028 Option Year 4: Solid Waste Removal Services October 1, 2024 to September 30, 2025

Landfill Tipping Fees Compactors

Estimated Maximum.

Firm Fixed Price

PSC: S222

618 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0029 Option Year 4: Solid Waste Removal Services October 1, 2024 to September 30, 2025

Landfill Tipping Fees Open Top Compactors

Estimated Maximum.

Firm Fixed Price

PSC: S222

36 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0030 Option Year 4: Solid Waste Removal Services October 1, 2024 to September 30, 2025

Hourly Maintenance Fee

Estimated Maximum.

Firm Fixed Price

PSC: S222

50 EA $________ $_________________

Estimated Aggregate Pricing (Base + Option Years): _____________________

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

Introduction:

The Federal Correctional Institution is located at 772 Saint Joseph Street, in Loretto, Pennsylvania. The Federal Correctional Institution, hereinafter referred to as FCI, is comprised of two different, but co-located facilities. They are (1) FCI, and (2) Federal Prison Camp, hereinafter referred to as FPC. The Bureau of Prisons intends to make a single award for the provision of waste removal services to a responsible contractor who can provide the services in accordance with the stated requirements. The Contractor shall provide complete trash removal services to include:

pick-up, haul, dump, and cleaning of the receptacles for the FCI/FPC. The base period performance will be from the Effective Date of Award through 12 month period, with the government’s unilateral right to exercise up to four, one year option periods.

Performance:

(1) Method of Performance:

The Contractor shall provide the services described in this solicitation/contract, independent of Government supervision. All task orders are subject to the terms and conditions of this contract. The Contractor is required to empty (2) government-owned compactors at the FCI and (2) government-owned compactors at the FPC.

(2) Equipment:

Compactors: Compactors are the property of the FCI/FPC. The Contractor shall provide complete trash removal services to include: pick-up, haul, dump, and cleaning of two (2) wet-waste compactors at the FCI, two (2) wet-waste compactors at the FPC, all Government-Owned. (2-FCI/2-FPC). The Contractor shall pick up a full compactor haul, dump, and clean the compactor and return it to the institution. The Contractor will unhook all electrical apparatus at pick up and hook up all electrical apparatus upon returning with the compactor, ensuring proper operation before departure from the institution. The contractor shall thoroughly pressure clean and sanitize with disinfectants, each compactor after disposal of the waste.

All Government equipment and components of equipment are the sole property of the Government, and no supplement agreement or relationship between the Contractor and the Government shall give the Contractor any proprietary interest in such components thereof.

Contractor Vehicles: 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.

Schedules and Pickup:

Trash Pick up: Trash will not be segregated prior to pick-up. The contents of the compactors, 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 and frequency of pick ups may be altered to meet the needs of the Government. Scheduled pick ups will be as follows:

1. FCI — Thursday pick up and empty container delivery after 7:30 A.M and be returned before 2:30 P.M.

2. FPC — Pick up and empty container delivery will be based on request, but the hours will be after 7:30 A.M. and returned before 2:30 P.M.

Additionally, the FCI/ FPC may require additional pulls and will notify the Contractor in advance as needed. The Contractor must, upon notification of the FCI/FPC, complete the additional pulls within 24 hours.

Base Period:

Pick up Schedule Approximate Schedule

1. Two wet-waste © FCI Food Service 1 pick up per week.

2. Two wet-waste © FPC 1 pick up per bi-weekly.

The number of pick ups for the base period will be reduced as a result of the shortened performance period but will occur in the frequencies stated above.

Option Years 1-4:

Pick up Schedule Approximate Schedule

1. Two wet-waste © FCI Food Service 1 pick up per week.

2. Two wet-waste © FPC 1 pick up per bi-weekly.

Removal and Disposal:

Removal time and frequencies shall be as stated above and may be altered as the needs of the Government. Refuse disposal methods shall be in accordance with Local, State and Federal Government Health and Sanitation Codes and Regulations, to include Environmental Protection Agency regulations. In the event that two or more regulations conflict, the Contractor shall adhere to the more stringent of the two 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 regulations. Security checks will be performed each time the contractor is required to enter the institution. This process could take up to 30 minutes. The Contractor will supply the FCI/FPC with written proof of dumping at an approved dump site, on a monthly basis.

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 Officers or the COR.

Maintenance:

When requested by FCI Loretto, The contractor will provide maintenance services, including all parts and labor to Government-owned compactors.

Response time for repairs shall be as follows:

-Monday through Friday: Respond within one business day of notification by the Contracting Officer or Cost Center Manager. FCI Loretto work hours are Monday through Friday, 7:30 a.m. to 3:00 p.m.

-Weekends and Holidays: Respond by Monday of the next business week after notification by the Contracting Officer or Cost Center Manager.

-The Contractor assumes the full risk of and responsibility for any loss, destruction or damage occurring to the Government-owned waste removal equipment, components, or containers, attributable to the Contractor by reason of the negligence of its employees while acting within the scope of their employment.

Cleanliness of Collection Area:

Collection stations shall be left in a neat and orderly manner. All solid waste in the vicinity of the collection areas, including spillage and waste left in the areas by the contractor, shall be picked up by the Contractor. The contractor must ensure container locations are clean prior to removing the containers from the areas.

Receipts/Invoices:

The contractor will be required to present a delivery ticket with the monthly billing to confirm which container was pulled, to include the date and time of the pull for each container.

Permits:

Quoters must possess and provide copies with their quotations of the required city, county, state, and/or federal permits as required to haul solid waste. Costs associated with maintaining these permits throughout the life of the resulting contract are the sole responsibility of the contractor.

Security:

The Contractors and its employees shall be required to meet and adhere to all regulations prescribed by the BOP for the safety, custody and conduct of inmates. Security checks will be initiated each and every time the Contractor's employees enter the secure perimeter of the FCI. The Government reserves the right, for security reasons, to prohibit certain vendor employees from entering FCI. Employees of the Contractor will be required to attend a four

(4) hour orientation program prior to performing contractual duties within the institution. In the event of an institution emergency, or adverse weather, the Contractor may not be able to enter the institution to obtain the compactor(s).

The FCI/FPC reserves the right to suspend, limit or revoke the Contractor’s privileges at the institution due to violations of BOP security procedures.

END OF STATEMENT OF WORK

SECTION 2.3 – SPECIAL COANTRACT 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 September 2020 and with an anticipated effective date of award (EDOA) of October 1, 2020. On or about the EDOA, FCI Loretto will issue a task order to the contractor. The contractor shall commence full performance of services on the EDOA.

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 Periods:

Base Year: October 1, 2020 to September 30, 2021;

Option Year 1: October 1, 2021 to September 30, 2022;

Option Year 2: October 1, 2022 to September 30, 2023;

Option Year 3: October 1, 2023 to September 30, 2024;

Option Year 4: October 1, 2024 to September 30, 2025.

Point of Acceptance: The point of acceptance for services is FCI Loretto.

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.

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 FCI Loretto 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 FCI Loretto 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. "OF-347, SF-1449, or purchase card acquisition form" will be used as task orders.

Statement of Equivalent Hires: The applicable fill in information for FAR 52.222-42, Statement of Equivalent Hires (May 2014) is as follows: Truck Driver, Heavy, Code 31363 - $27.01 plus benefits; Refuse Collector, Code 99730 - $18.48 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. 2015-4227. 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.

SECTION 3 – CONTRACT CLAUSES

ADDENDUM TO FAR 52.212-4, CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCT 2018)

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, Contract Terms and Conditions – Commercial Items.

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 address: www.acquistion.gov/far

Clause Title FAR 52.204-13 System for Award Management Maintenance (Oct 2018) FAR 52.224-1 Privacy Act Notification (Apr 1984) FAR 52.224-2 Privacy Act (Apr 1984) FAR 52.228-5 Insurance – Work on a Government Installation (Jan 1997) FAR 52.232-18 Availability of Funds (Apr 1984) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

FAR 52.216-18, ORDERING (OCT 1995)

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

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

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

(End of Clause)

FAR 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 Schedule of Services, 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; or

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

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in 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 http://www.acquistion.gov/far

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)

FAR 52.216-21 REQUIREMENTS (OCT 1995)

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

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

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

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

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

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

(End of Clause)

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

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

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

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

(End of Clause)

FAR 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)

DOJ 52.24-403-70 NOTICE OF CONTRACTOR SECURITY REQUIREMENTS (OCT 2005)

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

1. Long-Term Contractor Personnel:

In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 contractor employee whose background investigation (BI) process begins on or after October 27, 2005:a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form I-9, OMB No. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture ID);

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

c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position. Outlined below are the minimum BI requirements for each risk level:

• High Risk - Background Investigation (5 year scope)

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

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

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

1) Favorable review of the security questionnaire form;

2) Favorable fingerprint results;

3) Favorable credit report, if required;3

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

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

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

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

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

2. Short-Term Contractor Personnel:

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

above. The pre-appointment waiver requirements for short-term contractors are:

a. Favorable review of the security questionnaire form;

b. Favorable fingerprint results;

c. Favorable credit report, if required;5 and

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

A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of issuance. This process can only be used once for a short-term contractor in a twelve month period.

This will ensure that any consecutive short-term appointments are subject to the full PIV-I identity proofing process.

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

3. Intermittent Contractors:

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

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

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

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

d. If an intermittent contractor is approved for unescorted access, the contractor will only be issued a daily badge.

The daily badge will be issued upon entrance into a DOJ facility or space and must be returned upon exiting the same facility or space.

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

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

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

Notes:

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

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

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

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

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

[End of Clause]

BOP 52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA OR

OTHER NATIONAL EMERGENCY (MAY 2008)

During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absenteeism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.

The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce. Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation. The types of actions a federal contractor should reasonably take to help ensure performance are: Encourage employees to get inoculations or follow other preventive measures as advised by the public health service. Contractors should cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services where telework is not an option.

http://www.csrc.nist.gov/publications/fips/fips201/FIPS-201-022505.pdf

• Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful remote work in an emergency.

• Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency.

Establish communication processes to notify employees of activation of this plan.

• Integrate pandemic health crisis response expectations into telework agreements.

With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period). Security concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropriate.

• Determine how all employees who may telework will communicate with one another and with management to accomplish work.

Practice telework regularly to ensure effectiveness.

• Make it clear that in emergency situations, employees must perform all duties assigned by management, even if they are outside usual or customary duties.

• Identify how time and attendance will be maintained.

It is the contractor's responsibility to advise the government contracting officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the contracting officer or in his/her absence, another responsible person in the contracting office via telephone or email messages acknowledging the contractors notification.

The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations.

[End of Clause]

JAR 2852.223-70 UNSAFE CONDITIONS DUE TO THE PRESENCE OF HAZARDOUS MATERIAL

(JUN 1996)

(a) "Unsafe condition" as used in this clause means the actual or potential exposure of contractor or Government employees to a hazardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other material or working condition designated by the Contracting Officer's Representative (COR) as potentially hazardous and requiring safety controls.

(b) The Occupational Safety and Health Administration (OSHA) is responsible for issuing and administering regulations that require contractors to apprise its employees of all hazards to which they may be exposed in the course of their employment; proper conditions and precautions for safe use and exposure; and related symptoms and emergency treatment in the event of exposure.

(c) Prior to commencement of work, contractors are required to inspect for and report to the contracting officer or designee the presence of, or suspected presence of, any unsafe condition including asbestos or other hazardous materials or working conditions in areas in which they will be working.

(d) If during the performance of the work under this contract, the contractor or any of its employees, or subcontractor employees, discovers the existence of an unsafe condition, the contractor shall immediately notify the contracting officer, or designee, (with written notice provided not later than three (3) working days thereafter) of the existence of an unsafe condition. Such notice shall include the contractor's recommendations for the protection and the safety of Government, contractor and subcontractor personnel and property that may be exposed to the unsafe condition.

(e) When the Government receives notice of an unsafe condition from the contractor, the parties will agree on a course of action to mitigate the effects of that condition and, if necessary, the contract will be amended. Failure to agree on a course of action will constitute a dispute under the Disputes clause of this contract.

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

(End of Clause)

BOP 52.21-603-70 CONTRACTING OFFICER’S REPRESENTATIVE (COR) (JUL 2012)

(a) Edward Krug, Engineering Technician, FCI Loretto, (814) 471-1513, is hereby designated as the Contracting Officer's Representative (COR) under this contract.

(b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provide hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contractor effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

(End of Clause)

DOJ 52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS

(JUN 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 the Federal Bureau of Prisons (BOP) staff to ensure contract compliance. The contractor’s performance will be evaluated in accordance with FAR 42.15.

Contractor monitoring reports will be prepared by the Contracting Officer’s Representative (COR) and maintained in the file. In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit to the Past Performance Information Retrieval System (PPIRS). The BOP utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to provide contractor performance evaluations. The contractor shall provide and maintain a current e-mail address throughout the life of the contract. The contractor will receive and e-mail from the Focal Point thru the following website address webptsmh@navy.mil when the contractor is registered in CPARS. The e-mail will contain a “user ID” and temporary password to register in the CPARS system. The contractor must be registered to access and review its evaluation and/or provide a response. If assistance is required when registering, please contact the Contracting Staff/Focal Point.

(End of Clause)

DJAR-PGD-15-03 SECURITY OF DEPARTMENT OF INFORMATION AND SYSTEMS (APR 2015)

I. Applicability to Contractors and Subcontractors This clause applies to all contractors and subcontractors, including cloud service providers (“CSPs”), and personnel of contractors, subcontractors, and CSPs (hereinafter collectively, “Contractor”) that may access, collect, store, process, maintain, use, share, retrieve, disseminate, transmit, or dispose of DOJ Information. It establishes and implements specific DOJ requirements applicable to this Contract. The requirements established herein are in addition to those required by the Federal Acquisition Regulation (“FAR”), including FAR 11.002(g) and 52.239-1, the Privacy Act of 1974, and any other applicable laws, mandates, Procurement Guidance Documents, and Executive Orders pertaining to the development and operation of Information Systems and the protection of Government Information. This clause does not alter or diminish any existing rights, obligation or liability under any other civil and/or criminal law, rule, regulation or mandate.

http://www.opm.gov/employ/html/citizen.h…