Solicitation_Solid Waste Disposal_FCI Loretto.pdf

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FCI/FPC Loretto - Solid Waste Removal Services Federal contract opportunity
Solicitation number
15BFA025Q00000087
Issued by
Department of Justice Bureau of Prisons Field Acquisition Office

About this file

This is a solicitation from the U.S. Department of Justice Federal Bureau of Prisons for solid waste removal services at the Federal Correctional Institution (FCI) and Federal Prison Camp (FPC) in Loretto, Pennsylvania. The solicitation (Number 15BFA025Q00000087) seeks a single award indefinite delivery/requirements type contract with firm fixed prices for a base year and four possible 12-month option years. The contract will cover complete trash removal services, including picking up, hauling, and cleaning two 34-cubic yard compactors at FCI, two 30-cubic yard compactors at FPC, and one 30-cubic yard open-top container at FPC, with specific pickup schedules and requirements.

Key details include a site visit scheduled for May 28, 2025, at 8:30 a.m., quote submission deadline of June 9, 2025 at 10:00 ET, and an anticipated contract award in July 2025 with an effective date of October 1, 2025. The solicitation is set aside 100% for small businesses, with a size standard of $47 million, and uses NAICS code 562111. Quoters must be registered in the System for Award Management (SAM), provide a Unique Entity Identifier (UEI), and comply with various federal requirements including E-Verify and wage determination standards. The contract will be evaluated based on price and past performance history.

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U.S. Department of Justice

Federal Bureau of Prisons

Administration Division

Field Acquisition Office

Grand Prairie, Texas 75051

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 at the Federal Correctional Institution (FCI) Loretto, PA.

This package contains all necessary information to submit a quote.

Quoters should consider all information provided herein when submitting quotes. Please carefully follow all instructions located in the solicitation package concerning the content, format and submission of your quotes.

All potential quoters are advised that this solicitation includes the provision at FAR 52.204-7, System for

Award Management (SAM). This provision requires that all quoters doing business with the Federal

Government to be registered in the SAM database for “All Awards”. Quoters should include their Unique

Entity Identification (UEI) number with their quotes. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardees UEI number into the SAM database.

Failure to complete the registration procedures outlined in the clause may result in elimination from consideration for award. For the purposes of this solicitation, all quoter’s SAM registration should include NAICS code 562111.

If you have questions regarding the System for Award Management (SAM), Government procurements in general, or need assistance in the preparation of your quote, a local Procurement Technical Assistance

Center (PTAC) may be able to help. The Procurement Technical Assistance Program was authorized by

Congress in 1985 in an effort to expand the number of businesses capable of participating in the

Government marketplace. To locate a PTAC near you, go to http://www.aptac-us.org.

Contractors must comply with FAR 52.222-54, E-Verify Requirements, by enrolling in E-Verify within

30 days of contract award and beginning verification within 90 days of enrollment.

A site visit is scheduled for May 28, 2025, at 8:30 a.m. in the Front Lobby of the FCI Loretto. Please refer to section 5.1, Site Visit (pg. 38) for all instructions and requirements to attend the site visit. This is the only site visit scheduled. It is not mandatory; however, all offerors are urged to attend.

Quotes shall be received on or before the deadline specified in Block 8 of the Standard Form (SF) 1449, page 1 of this solicitation. Quotes shall be submitted electronically, via email to sburke@bop.gov in pdf format only and will be deemed received at the time indicated on the email notification. Faxed and hand delivered quotes will not be accepted.

Please submit any questions you may have, in writing, via email to sburke@bop.gov.

Sincerely, Sarah Burke

Contracting Officer http://www.aptac-us.org/ mailto:sburke@bop.gov mailto:sburke@bop.gov

15BFA025Q00000087 Page 1 of 53

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

1. REQUISITION NUMBER

15B20825PR000177

PAGE 1 OF

5. SOLICITATION NUMBER

15BFA025Q00000087

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

05/14/2025

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Sarah Burke sburke@bop.gov

b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

TIME

06/09/2025 10:00 ET

CODE BFAO

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:100.00 % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

8(A)

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

562111

SIZE STANDARD:

$47M

10. THE ACQUISITION IS

SEE SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

13b. RATING

X REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

CODE15. DELIVER TO CODE 15B20816. ADMINISTERED BY

Federal Bureau of Prisons 772 St Joseph St Loretto, PA 15940

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

15B208CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons 772 St Joseph St 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 NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

The provision of Solid Waste Removal Services at FCI Loretto according to the attached Statement of Work.

UEI: ________________________________________

EMAIL: _____________________________________

Firm Fixed Price

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

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

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

AND 52.212-5 ARE ATTACHED. ADDENDA

X ARE ARE NOT ATTACHED

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

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE _____________________________

OFFER DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK

5) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

Sarah Burke

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

15BFA025Q00000087 Page 2 of 53

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

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

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

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

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

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

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 11/2021) BACK

15BFA025Q00000087 Page 3 of 53

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2.1 PRICING METHODOLOGY

2.2 STATEMENT OF WORK - SOLID WASTE DISPOSAL SERVICES - FCI LORETTO

2.3 SPECIAL CONTRACT CONDITIONS

3 Contract Clauses 52.204-13 System for Award Management Maintenance (Oct 2018) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) 52.228-5 Insurance-Work on a Government Installation (Jan 1997) 52.232-18 Availability of Funds (Apr 1984) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.242-13 Bankruptcy (July 1995) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (May 2024) 52.216-18 Ordering (Aug 2020) 52.216-19 Order Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) 2852.201-70 Contracting Officer's Representative (COR) (NOV 2020) 2852.222-70 Domestic Violence, Sexual Assault, and Stalking (DEC 2014) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (NOV 2020)

BOP 2852.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS

(APR 2011)

DOJ-01 Whistleblower Information Distribution (Oct 2021) DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021) DOJ-08 Continuing Contract Performance During a Pandemic Influenza or other National Emergency (OCT 2007)

4 List of Attachments 5 Solicitation Provisions

52.204-7 System for Award Management (Oct 2018) 52.217-5 Evaluation of Options (July 1990) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) 52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures (Dec 2023) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2024) 2852.233-70 Protests Filed Directly with the Department of Justice (NOV 2020)

5.1 Quote Submission Requirements/Evaluation and Award Methodology/SAM Registration/

PTAC/FOIA

15BFA025Q00000087 Page 4 of 53

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Solid Waste Removal Services

Pull Charge Compactor (Inside)

ESTIMATED MAXIMUM

PSC: S205

Base Period

60 PULL $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Solid Waste Removal Services

Pull Charge Compactor (Outside)

ESTIMATED MAXIMUM

PSC: S205

Base Period

6 PULL $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Solid Waste Removal Services

Pull Charge Open Top Container (Outside)

ESTIMATED MAXIMUM

PSC: S205

Base Period

12 PULL $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Solid Waste Removal Services

Landfill Tipping Fees Compactors

ESTIMATED MAXIMUM

PSC: S205

Base Period

525 TN $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Solid Waste Removal Services

Landfill Tipping Fees Open Top Container

ESTIMATED MAXIMUM

PSC: S205

Base Period

60 TN $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 Solid Waste Removal Services

Hourly Maintenance Fee

ESTIMATED MAXIMUM

PSC: S205

Base Period

50 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

15BFA025Q00000087 Page 5 of 53

0007 Solid Waste Removal Services

Pull Charge Compactor (Inside)

ESTIMATED MAXIMUM

PSC: S205

Unexercised Option 1

60 PULL $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0008 Solid Waste Removal Services

Pull Charge Compactor (Outside)

ESTIMATED MAXIMUM

PSC: S205

Unexercised Option 1

6 PULL $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0009 Solid Waste Removal Services

Pull Charge Open Top Container (Outside)

ESTIMATED MAXIMUM

PSC: S205

Unexercised Option 1

12 PULL $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 Solid Waste Removal Services

Landfill Tipping Fees Compactors

ESTIMATED MAXIMUM

PSC: S205

Unexercised Option 1

525 TN $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0011 Solid Waste Removal Services

Landfill Tipping Fees Open Top Container

ESTIMATED MAXIMUM

PSC: S205

Unexercised Option 1

60 TN $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0012 Solid Waste Removal Services

Hourly Maintenance Fee

ESTIMATED MAXIMUM

PSC: S205

Unexercised Option 1

50 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0013 Solid Waste Removal Services

Pull Charge Compactor (Inside)

ESTIMATED MAXIMUM

PSC: S205

Unexercised Option 2

60 PULL $________ $_________________

15BFA025Q00000087 Page 6 of 53

0014 Solid Waste Removal Services

Pull Charge Compactor (Outside)

ESTIMATED MAXIMUM

PSC: S205

Unexercised Option 2

6 PULL $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0015 Solid Waste Removal Services

Pull Charge Open Top Container (Outside)

ESTIMATED MAXIMUM

PSC: S205

Unexercised Option 2

12 PULL $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0016 Solid Waste Removal Services

Landfill Tipping Fees Compactors

ESTIMATED MAXIMUM

PSC: S205

Unexercised Option 2

525 TN $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0017 Solid Waste Removal Services

Landfill Tipping Fees Open Top Container

ESTIMATED MAXIMUM

PSC: S205

Unexercised Option 2

60 TN $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0018 Solid Waste Removal Services

Hourly Maintenance Fee

ESTIMATED MAXIMUM

PSC: S205

Unexercised Option 2

50 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0019 Solid Waste Removal Services

Pull Charge Compactor (Inside)

ESTIMATED MAXIMUM

PSC: S205

Unexercised Option 3

60 PULL $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0020 Solid Waste Removal Services

Pull Charge Compactor (Outside)

ESTIMATED MAXIMUM

PSC: S205

Unexercised Option 3

6 PULL $________ $_________________

15BFA025Q00000087 Page 7 of 53

0021 Solid Waste Removal Services

Pull Charge Open Top Container (Outside)

ESTIMATED MAXIMUM

PSC: S205

Unexercised Option 3

12 PULL $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0022 Solid Waste Removal Services

Landfill Tipping Fees Compactors

ESTIMATED MAXIMUM

PSC: S205

Unexercised Option 3

525 TN $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0023 Solid Waste Removal Services

Landfill Tipping Fees Open Top Container

ESTIMATED MAXIMUM

PSC: S205

Unexercised Option 3

60 TN $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0024 Solid Waste Removal Services

Hourly Maintenance Fee

ESTIMATED MAXIMUM

PSC: S205

Unexercised Option 3

50 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0025 Solid Waste Removal Services

Pull Charge Compactor (Inside)

ESTIMATED MAXIMUM

PSC: S205

Unexercised Option 4

60 PULL $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0026 Solid Waste Removal Services

Pull Charge Compactor (Outside)

ESTIMATED MAXIMUM

PSC: S205

Unexercised Option 4

6 PULL $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0027 Solid Waste Removal Services

Pull Charge Open Top Container (Outside)

ESTIMATED MAXIMUM

PSC: S205

Unexercised Option 4

12 PULL $________ $_________________

15BFA025Q00000087 Page 8 of 53

0028 Solid Waste Removal Services

Landfill Tipping Fees Compactors

ESTIMATED MAXIMUM

PSC: S205

Unexercised Option 4

525 TN $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0029 Solid Waste Removal Services

Landfill Tipping Fees Open Top Container

ESTIMATED MAXIMUM

PSC: S205

Unexercised Option 4

60 TN $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0030 Solid Waste Removal Services

Hourly Maintenance Fee

ESTIMATED MAXIMUM

PSC: S205

Unexercised Option 4

50 EA $________ $_________________

Aggregate Total: $ ________________________________(Base year plus all option years)

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.

2.2 STATEMENT OF WORK - SOLID WASTE DISPOSAL SERVICES - FCI LORETTO

SUBJECT:

The Federal Bureau of Prisons (BOP), Field Acquisition Office (FAO), intends to make a single award of an indefinite delivery/requirements type contract, with firm fixed prices to a responsible contractor who can provide the services in accordance with the stated requirements. This requirement is for the provision of Solid Waste Removal Services as prescribed in the description of duties listed below at the Federal Correctional Institution (FCI) Loretto and the Federal Prison Camp (FPC) Loretto, located in Loretto, PA. The FCI, is comprised of two different, but co-located facilities, the FCI and FPC.

PLACE OF PERFORMANCE:

FCI and FPC Loretto 772 Saint Joseph Street Loretto, PA 15940

DESCRIPTION OF DUTIES:

15BFA025Q00000087 Page 9 of 53

The Contractor shall provide services that include transportation, collection, labor, and equipment necessary for the removal and disposal of solid waste, trash, refuse and debris from FCI Loretto to a disposal site (landfill). The Contractor shall be responsible for all trash, garbage, and debris spilled from any container during the pulling and hauling process.

All material in the containers becomes the property of the Contractor upon removal from Federal property and is the responsibility of the Contractor to dispose of the material in a lawful and proper manner. The term "pickups" shall mean the same as pulls, hauls and /or dumps.

During the trash removal process at the pickup sites and disposal route on Government Property, keep the area adjacent to the containers clean of debris.

Clean and perform maintenance on containers/compactors as necessary. When requested by FCI Loretto, the contractor will provide maintenance services, including all parts and labor to Government-owned compactors.

METHOD OF PERFORMANCE:

The Contractor shall provide the services described in this statement of work, independent of Government supervision. The Contractor is required to empty two (2) government-owned compactors at the FCI, two (2) government-owned compactors at the FPC and one (1) government-owned open top container at the FPC.

*Note at the time of the solicitation the FPC is considered deactivated. The estimated number of pulls for this location is 6 per year.

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), 34-cubic yard, wet-waste compactors at the FCI, two (2), 30-cubic yard, wet-waste compactors at the FPC and one (1), 30-cubic yard, open-top container at the 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 of which do not permit loss of refuse. The Contractor shall have sufficient equipment for execution of these services.

Schedules and Pick-ups:

Trash Pick-up: Trash will not be separated 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 – One (1), 34-cubic yard compactor pull, per week, each Thursday prior to 12:00 p.m.

2. FPC (outside the fence) – One (1), 30-cubic yard compactor pull every other month at will-call. 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.

15BFA025Q00000087 Page 10 of 53

3. FPC (outside the fence) – One (1), 30-cubic yard, open-top container pull per month at will-call. 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.

THE ABOVE SCHEDULE IS SUBJECT TO CHANGE BASED ON THE NEEDS OF FCI LORETTO. IF CONTAINERS

BECOME FULL PRIOR TO SCHEDULED PICK-UP, THE CONTRACTOR WILL BE NOTIFIED BY THE

CONTRACTING OFFICE'S REPRESENTATIVE (COR) OR THE CONTRACTING OFFICER (CO) WHEN SPECIAL PICK-UPS ARE REQUIRED, SPECIAL PICK UPS WILL BE ON A "WILL-CALL" BASIS. THE TIME FRAME FOR THE SPECIAL PICK-UPS SHALL BE MADE IN AGREEMENT WITHIN THE "WILL-CALL" INSTRUCTIOS OF THE COR/CO

OR WITHIN TWENTY-FOUR (24) HOURS OF THE "WILL-CALL."

Removal and Disposal:

Removal time and frequencies shall be as stated above and may be altered as to 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 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/cleaned by the Contractor. The contractor must ensure container locations are clean prior to removing the containers from the areas.

Holiday Schedule:

15BFA025Q00000087 Page 11 of 53

When a scheduled collection falls on a Federal Holiday the pick-up shall be made the following day at the regularly scheduled time at no additional cost to the Government.

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.

Institution 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 adults in custody. 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).

While on institution grounds and prior to departure, the operator, equipment, and vehicle shall be subject to security checks and inspections. 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.

2.3 SPECIAL CONTRACT CONDITIONS

Type of Contract: The Government contemplates a single award of an indefinite delivery/requirements type contract with firm-fixed unit prices resulting from this solicitation. It is anticipated that the contract resulting from this solicitation will be awarded in July 2025 and with an anticipated Effective Date of Award (EDOA) of October 01, 2025. On or about the EDOA, FCI Loretto will issue a delivery/task order to the contractor. The contractor shall commence full performance services on the EDOA.

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

Performance Period(s): The anticipated Effective Date of Award (EDOA) Base Year: Effective Date of Award (EDOA) through 12 months from EDOA;

Option Year 1: 13 months from EDOA through 24 months from EDOA Option Year 2: 25 months from EDOA through 36 months from EDOA Option Year 3: 37 months from EDOA through 48 months from EDOA Option Year 4: 49 months from EDOA through 60 months from EDOA

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

Non-Personal Services Information: This service is a contractual arrangement and not a personnel appointment.

Payment is based on the provison of an end product or the accomplishment of a specific task. The service does not constitute an employer/employee relationship. The contractor will not be subject to Government supervision, except for security related matters. However, contractor performance shall be monitored. The contractor shall attend all training

15BFA025Q00000087 Page 12 of 53 required by the Bureau of Prisons for contract workers. The contractor will not be permitted to attend istitution meetings, staff recalls or Government training sessions for institution staff.

Reviews: The Contracting Officer or designee is authorized to review by on-site survey, review of records, or by any other reasonable manner, the quality of supplies rendered under this contract. All records shall be subject to review by the Contracting Officer or other representative of the BOP. Payments will be denied when such service does not support the charges or if the service is deemed not necessary or appropriate. Such determinations may be made by the Contracting Officer or Contracting Officer Representative (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 the Field Acquisition Office (FAO) 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 71; 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.

Authorized Ordering Official: Individual 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. Task orders will take the form of an OF-347 or SF-1449.

Requirements for Security Clearances: The Contractor will not be subject to Government supervision, except for security related matters and monitoring of contract performance. The following investigative procedures may be applied and appropriate forms completed before any Contractor employees are permitted inside an institution:

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

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

(3) FD-258 (fingerprint check);

(4) Law Enforcement Agency checks;

(5) Vouchering of Employers;

(6) Employment Resume;

(7) Completed Contractor Pre-employment Questionnaire;

(8) Release of Information;

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

(10) Credit Check, if applicable;

(11) Urinalysis, if applicable.

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

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

Schedule of Insurance: In accordance with FAR 52.228-5 and 28.307-2,

(a) Workers’ compensation and employer’s liability. Contractors are required to comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability overage of at least $100,000 shall be required, except in States with exclusive or

15BFA025Q00000087 Page 13 of 53 monopolistic funds that do not permit workers’ compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

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

(c) Automobile Liability. The contracting officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

Statement of Equivalent Hires:

The applicable fill in information for FAR 52.222-42, Statement of Equivalent Hires (May 2014) is as follows: Refuse Collector - Code: 99730 - $18.69 plus benefits. As stated in the contract clause, this is for information purposes only.

Services Contract Labor Standards Wage Determination: the applicable Wage Determination for this requirement is WD 2015-4227, Revision 27, dated 12/23/2024. The current revision of the Wage Determination is provided as an Attachment. Orders placed against the contract will be subject to the version of the Wage Determination in effect at the time each Delivery/Task Order is issued.

15BFA025Q00000087 Page 14 of 53

Section 3 - Contract Clauses

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

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

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov

Clause Title Fill-ins (if applicable)

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

52.209-10 Prohibition on Contracting with Inverted Domestic

Corporations (Nov 2015)

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

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

1997)

52.232-18 Availability of Funds (Apr 1984)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors (Mar 2023)

52.233-3 Protest after Award (Aug 1996)

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

52.242-13 Bankruptcy (July 1995)

Clauses By Full Text

52.216-18 Ordering (Aug 2020)

15BFA025Q00000087 Page 15 of 53

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

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

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

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

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

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

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

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

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

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than deliverable, as identified in Schedule of Services [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

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

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

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

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

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

(End of clause)

52.216-21 Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders

15BFA025Q00000087 Page 16 of 53 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 last day of the effective option year [insert date].

(End of clause)

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

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

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

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

(End of clause)

52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage Determination Employee Class Monetary Wage-Fringe Benefits 99730 - Refuse Collector $18.69 plus fringe benefits

(End of clause)

15BFA025Q00000087 Page 17 of 53

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

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

(End of clause)

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

(a) Mr./Ms. Edward Krug, Engineering Technician of FCI Loretto , 772 Saint Joseph Street, Loretto, PA 15940 , (814) 471-1513 is hereby designated to act as Contracting Officer's Representative (COR) underContract Number: TBD , for the period of EDOA through 60 months from EDOA (specify the performance period of the contract that the designation covers).

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

(i) Receiving all deliverables;

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

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

(iv) Evaluating performance of the Contractor; and

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

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

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

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

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

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

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

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

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

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

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

(f) COR authority is not re-delegable.

(End of Clause)

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

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

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

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

15BFA025Q00000087 Page 18 of 53 to work on DOJ premises, with the name and contact information of the point of contact for victims of domestic violence, sexual assault, and stalking.

(End of Clause)

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

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

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

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

(d) Prior to commencement of work, Contractors are required to inspect for and report to the Contracting Officer the presence of, or suspected presence of, any unsafe condition including asbestos or other hazardous materials or working conditions in areas in which they will be working.

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

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

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

(End of Clause)

BOP 2852.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS…

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