SOLICITATION_MCC NEW YORK.pdf

U.S. Department of Justice

Federal Bureau of Prisons Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

RE: 15BNYM20Q00000001, Solid Waste Disposal Services Metropolitan Correctional Center (MCC) New York, New York

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 MCC located in New York, New York. 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 Tuesday, March 31, 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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

15BNYM20Q00000001

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

03/09/2020

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

LaQuerta Wheeler, llwheeler@bop.gov

b. TELEPHONE NUMBER (No collect calls)

972-352-4536

8. OFFER DUE DATE / LOCAL TIME

03/31/2020 10:00 a.m. CST

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

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 562111

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

15BNYMCODE15. DELIVER TO

Federal Bureau of Prisons MCC New York 150 Park Row New York, NY 10007

CODE 15BNYM16. ADMINISTERED BY

Federal Bureau of Prisons MCC New York 150 Park Row New York, NY 10007

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

BNYMCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons MDC Brooklyn P.O. Box 329001 Brooklyn, NY 11232

(O) 718-420-4200

BRO/

AccountingNYM~@bop.gov

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 Disposal Services for the MCC New York 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

RP#0076-20

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE FEES AMOUNT

0001 Firm Fixed Price

Base Year: Solid Waste Disposal Services July 1, 2020 to June 30, 2021

38 Cubic Yard Compactor (Government Owned)

Estimated Maximum.

PSC: S222

104.000000 EA $___________ $_________ $___________

0002 Firm Fixed Price

Base Year: Solid Waste Disposal Services July 1, 2020 to June 30, 2021

30 Cubic Yard Open Top (Contractor Furnished)

Estimated Maximum.

PSC: S222

40.000000 EA $___________ $_________ $___________

0003 Firm Fixed Price

Option Year 1: Solid Waste Disposal Services July 1, 2021 to June 30, 2022

38 Cubic Yard Compactor (Government Owned)

Estimated Maximum.

PSC: S222

104.000000 EA $___________ $_________ $___________

0004 Firm Fixed Price

Option Year 1: Solid Waste Disposal Services July 1, 2021 to June 30, 2022

30 Cubic Yard Open Top (Contractor Furnished)

Estimated Maximum.

PSC: S222

40.000000 EA $___________ $_________ $___________

0005 Firm Fixed Price

Option Year 2: Solid Waste Disposal Services July 1, 2022 to June 30, 2023

38 Cubic Yard Compactor (Government Owned)

Estimated Maximum.

PSC: S222

104.000000 EA $___________ $_________ $___________

0006 Firm Fixed Price

Option Year 2: Solid Waste Disposal Services July 1, 2022 to June 30, 2023

30 Cubic Yard Open Top (Contractor Furnished)

Estimated Maximum.

PSC: S222

40.000000 EA $___________ $_________ $___________

0007 Firm Fixed Price

Option Year 3: Solid Waste Disposal Services July 1, 2023 to June 30, 2024

38 Cubic Yard Compactor (Government Owned)

104.000000 EA $___________ $_________ $___________

Estimated Maximum.

PSC: S222

0008 Firm Fixed Price

Option Year 3: Solid Waste Disposal Services July 1, 2023 to June 30, 2024

30 Cubic Yard Open Top (Contractor Furnished)

Estimated Maximum.

PSC: S222

40.000000 EA $___________ $_________ $___________

0009 Firm Fixed Price

Option Year 4: Solid Waste Disposal Services July 1, 2024 to June 30, 2025

38 Cubic Yard Compactor (Government Owned)

Estimated Maximum.

PSC: S222

104.000000 EA $___________ $_________ $___________

0010 Firm Fixed Price

Option Year 4: Solid Waste Disposal Services July 1, 2024 to June 30, 2025

30 Cubic Yard Open Top (Contractor Furnished)

Estimated Maximum.

PSC: S222

40.000000 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 Bureau of Prisons (BOP), New York Metropolitan Correctional Center (MCC), located at 150 Park Row in Downtown Manhattan, New York City, New York 10007, requires solid waste removal and disposal services as outlined in this solicitation and set forth in this Statement of Work.

Method of Performance:

The Contractor shall provide all services, including disposal of trash/waste, in accordance with the terms and conditions of this contract, and all Federal, State, City and local laws, codes and regulations. The Contractor shall dispose of all trash/waste in a Class I disposal facility. This refers to a sanitary landfill which serves a municipal, institutional, and /or rural population and is used, or to be used, for disposal of domestic wastes, commercial wasted, institutional wastes, municipal wastes, demolition/construction wastes, farming wastes, discarded automobile tires and dead animals.

The Contractor shall be responsible for all trash, garbage and debris spills from the container during pick-up and transportation.

The Contractor shall provide the Contracting Officer's Representative (COR) with a detailed list of what can and cannot be placed in the Construction and Demolition dumpster. The Contractor will provide the COR with updates of this list if there are any changes and will allow a minimum of 30 days for the institution to find a new place to dispose of items deleted from the list. The Contractor shall provide copies of all receipts related to the disposal of the trash/refuse. The receipts must include the weight of the trash/refuse dumped. The receipts shall be addressed to the COR and shall be sent at a minimum of once per calendar month. The COR shall receive the receipt no later than the fifth working day of the following month.

Equipment:

The contactor shall be responsible for the removal of solid waste from two compactors: one Government owned compactor and one Contractor owned open top container.

Government owned Compactor:

The Government owned compactor is a 38.0 cubic yard capacity heavy duty industrial type self-contained compactor/container. It was initially installed in August 2004 by McClain Industries, Inc. It has a 10 Horsepower, three-phase control panel, pick-up hooks at both ends, full door seal, two (2) four inch cylinders with a thirty-two (32) inch stroke, and eight inch hydraulic hoses. The hydraulic disconnect is on the compactor's right side.

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 owned equipment: The Contractor shall furnish a 30 cubic yard capacity open top container (hereafter referred to as the "Contractor owned container") for the disposal of commercial boxes, construction material and trash. The capacity of the open top container is at the discretion of the Government.

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

Unless otherwise specified in this contract, title to the Contractor owned waste removal equipment and equipment components shall remain with the Contractor. In the event of the termination or cancellation of this contract as herein provided, the Contractor shall promptly remove all of its property at its own expense. Upon the Contractor's failure to do so, the Bureau of Prisons may remove and store said property and charge the Contractor for any expenses incurred for such removal and storage.

The Government reserves the right to determine, at any time, if the Contractor-provided trash container is no longer required. The Contractor-provided trash container shall be removed within three (3) calendar days of the Government's request. The MCC may remove and store the Contractor-provided trash container if not removed by the Contractor within three (3) days, and charge the Contractor for any expenses incurred for such removal and storage. The MCC shall not be held liable for damages incurred to the Contractor-provided trash container during such removal due to the Contractor's non-responsiveness.

Maintenance of Equipment:

The Government owned compactor will not normally be maintained by the Contractor. However, any damages to the Government owned compactor caused from negligence by the Contractor will require immediate repair to the satisfaction of the Government by the Contractor without cost to the Government.

The Contractor owned trash container shall be maintained or replaced so as to remain fully functional at all times.

Location of Equipment:

The Government owned compactor is situated on a concrete slab area outside and to the rear of the building and is accessible via Pearl Street and Cardinal Hayes Place. The Contractor provided open container will be placed at the lot of the Consolidated Services Center located at Building 4, Brooklyn Navy Yard, adjacent to 63 Flushing Avenue.

The lot is accessible through the Waverly Avenue gate.

The Government reserves the right to determine the locations for placement of the Government-owned trash compactor and/or the Contractor-provided trash container.

Performance Schedule:

The Contractor shall pick-up and replace the Government owned compactor twice weekly on Monday and Friday between 7:00 a.m. and 3:00 p.m. If a scheduled pick-up falls on a Federal Holiday, the pick-up shall be made the first business day following regularly scheduled time unless otherwise agreed to between the COR and the Contractor. When the compactor becomes full prior to the pre-scheduled days, the Facilities Manager, General Foreman, COR, or the Contracting Officer will notify the Contractor that a special pick-up is required.

Pick-ups for the contractor provided trash container will be pre-scheduled as required by the Facilities Manager, General Foreman, COR, or the Contracting Officer with an estimated 40 pick-ups per year / per period of performance.

The Contracting Officer or the COR must be advised if, for any reason, the pick-ups cannot be made as scheduled for any given day. A minimum of two days advance notice (48 hours) is required. It is imperative for security reasons that the compactor and container be picked up as required.

The above schedule is subject to change based on the needs of MCC. A notice of twenty-four (24) hours will be given if an additional pick-up is required. Individuals authorized to schedule an additional an additional pick-up are the Facilities Manager, General Foreman, COR, or Contracting Officer. The only individuals authorized to change the scheduled pick-up times and dates is the Contracting Officer. Additional pickups will be billed at the contract rate for the applicable performance period.

Risk of Loss:

The Contractor assumes the full risk of and responsibility for any loss, destruction or damage occurring to Contractor provided equipment, except such loss or damage as may be attributable to the MCC by reason of the negligence of its employees while acting within the scope of their employment.

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 April 2020 and with an anticipated effective date of award (EDOA) of July 1, 2020. On or about the EDOA, MCC New York will issue a task order to the contractor. The contractor shall commence full performance of services on the EDOA. T

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: July 1, 2020 to June 30, 2021;

Option Year 1: July 1, 2021 to June 30, 2022;

Option Year 2: July 1, 2022 to June 30, 2023;

Option Year 3: July 1, 2023 to June 30, 2024;

Option Year 4: July 1, 2024 to June 30, 2025.

Point of Acceptance: The point of acceptance for services is MCC New York.

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 MCC New York 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 MCC New York 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. 2015-4187. 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)

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.

• 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) Matthew Bailey, Engineering Technician, MCC New York, (646) 836-6300 extension 6415, 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) http://www.opm.gov/employ/html/citizen.htm

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-14-05 FEDERAL WORKPLACE RESPONSES TO DOMESTIC VIOLENCE, SEXUAL

ASSAULT, AND STALKING (DEC 2014)

Department Policy on Domestic Violence, Sexual Assault, and Stalking. It is the Department’s 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 (Policy Statement), available in full for public viewing at http://www.justice.gov/sites/default/files/ovw/legancy/2013/12/19/federal-workplace-responses -to-domesticviolence-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 of Vendor’s employees and employees of subcontractors who will be assigned to work on Department premises.

Point of Contact for Victims of Domestic Violence, Sexual Assault, and Stalking. Upon contract award, the Department will notify contractor of the name and contact information for the Point of Contact for Victims of domestic violence, sexual assault, and stalking for the component or components where Contractor will be performing. Contractor agrees to inform its employees and employees of subcontractors who will be assigned to work on Department premises of the name and contact information for the Victim Point of Contract.

(End of Clause)

----------[END OF ADDENDUM TO FAR 52.212-4]-----------

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS – COMMERCIAL ITEMS (JAN 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

http://www.justice.gov/sites/default/files/ovw/legancy/2013/12/19/federal-workplace-responses%20-to-domesticviolence-sexualassault-stalking.pdf http://www.justice.gov/sites/default/files/ovw/legancy/2013/12/19/federal-workplace-responses%20-to-domesticviolence-sexualassault-stalking.pdf

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108- 78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009

(June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L.

109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

XX (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016)

(Pub. L. 111-117, section 743 of Div. C).

XX (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

XX (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41

U.S.C. 2313).

__ (10) [Reserved].

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

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

XX (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT

2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

XX (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) of 52.219-9.

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__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

(19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15

U.S.C. 657 f).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-

Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business

Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

XX (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

XX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

XX (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

XX (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496).

XX (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

XX (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(JUN 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s

13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O.

13513).

__ (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

__ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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