Hazardous waste disposal Amend 1

Request for Quotation

RFQ number:                           TXWPROB26 – LAB/SA                       

Quotes due no later than:        July 27, 2026 at 1:00 PM CST

Provide quotes to:                   Lori Hearn at contact@example.gov

The U.S. Probation Services with the Western District of Texas is requesting quotes for the services described below.

Using the quote sheet provided herein, email your quote no later than the date and time specified above.  Late quotes will not be considered unless the judiciary determines, at its own discretion, that considering the late quote is in the judiciary’s best interest and will not unduly delay the procurement. Note:  No questions will be accepted as the statement of work addresses our specific requirements.  THE JUDICIARY IS NOT ACCEPTING RESPONSES THAT INCLUDE SUBCONTRACTING FOR THIS SOLICITATION.

The Court anticipates receiving three (3) dual price proposals from all Offerors, one price proposal based on pricing for award of a base year and an option for subsequent years two and three. The Court intends to make an award based on the lowest priced, technically acceptable quote for entire period of performance. All items should be quoted as a fixed price. Payment terms will be considered Net 30 unless more favorable terms are offered.

The period of performance will be:

            Year One - September 1, 2026 to August 30, 2027

            Optional Year 2 – September 1, 2027 to August 30, 2028

            Optional Year 3 – September 1, 2028 to August 30, 2029

The place of performance will be Pretrial Services Lab Room - 262 W. Nueva St., Suite 1-242 San Antonio, TX 78207

Sincerely,

Lori Hearn

Contracting Officer

Quote Sheet for RFQ # TXWPROB26 – LAB/SA

Instructions for Quoter:

Provide the information requested here and below at Provision 3-5 and Clause 7-10:

Company name:

DUNS number or UEI:

Discount terms, if other than Net 30:

Instructions for Quoter:

Fill in the unit price and extended price for each item.

Fill in the grand total amount.

Year 1

Item

Description

Qty

Unit of Issue

Unit Price ($)

Extended Price ($)

1

Fee for four (4) 28-gallon leak-proof containers marked and labeled with biohazard symbol. Weekly service (date to be determined at time of award) unless holidays interfere.

   12

months

2

Disposal of above containers.

   12

months

GRAND TOTAL:

$

Notes:

1. Include process for handling erroneous charges.
2. Vendor to provide red leak-proof trash bags.

Optional Year 2

Item

Description

Qty

Unit of Issue

Unit Price ($)

Extended Price ($)

1

Fee for four (4) 28-gallon leak-proof containers marked and labeled with biohazard symbol. Weekly service (date to be determined at time of award) unless holidays interfere.

   12

months

2

Disposal of above containers.

   12

months

GRAND TOTAL:

$

Notes:

1. Include process for handling erroneous charges.
2. Vendor to provide red leak-proof trash bags.

Optional Year 3

Item

Description

Qty

Unit of Issue

Unit Price ($)

Extended Price ($)

1

Fee for four (4) 28-gallon leak-proof containers marked and labeled with biohazard symbol. Weekly service (date to be determined at time of award) unless holidays interfere.

   12

months

2

Disposal of above containers.

   12

months

GRAND TOTAL:

$

Notes:

1. Include process for handling erroneous charges.
2. Vendor to provide red leak-proof trash bags.

STATEMENT OF WORK (SOW)

The Western District of Texas Probation Services is requesting biohazardous waste management and disposal services for the San Antonio Regional Lab Room.  The lab provides drug testing results throughout the judiciary and requires disposal of non-sharps items contaminated with human specimen material (bodily fluids).  Other personal protective equipment includes urine collection kits, plastic bags, gloves, and bottles.

SPECIAL REQUIREMENTS/INFORMATION

Vendor shall:

1. Provide government with documentation reflecting that the disposal of waste acquired under the specified purchase order has been disposed of following federal, state, and local guidelines.
2. Maintain a current permit issued by the Department of Transportation for the transport of biohazardous (non-sharp) waste.
3. Indemnify and hold the government harmless for any and all losses, damages or liability on account of personal injury, death or property damage, or claims foe personal injury, death or property damage of any nature whatsoever and by whomsoever made, arising out of the activities of the vendor, his employee or agents under the specified purchase order.

REQUIREMENTS

Vendor shall provide the following:

      1)  Four (4) 28-gallon leak-proof contains marked and labeled with the biohazard symbol.

      2)  Repairs and maintenance of containers during the contract period.

      3)  Weekly service (service (date to be determined at time of award)) 8:00 am to 12:00 pm

            (CST) unless holidays interfere.

1. Vendor to notify designated judiciary staff of there is a change within 24 hours

             after determination.

      5)  Invoices with copies of signed order detailing pickup (waste manifest) and final

            disposition on a monthly basis.

      6)  Training support covering new waste regulations to ensure compliance with

regulatory agencies at no additional cost.

Vendor shall inform judiciary designee and contracting officer of all changes in applicable federal and local regulations and licensor requirements that may impact services provided to the judiciary.

SCHEDULE FOR PERFORMANCE

1. Schedule shall be submitted to the contracting officer and agreed upon prior to implementation.
2. Schedule shall be during normal working or agreed upon hours Monday through Friday on a weekly basis.
3. In cases of severe weather, vendor shall contact the Drug Analysis Specialist or designee to request the exception and provide an alternate date of service.  Note: designated government representative will inform vendor of federal holidays within two to three days prior to scheduled service.

LOCATION OF PERFORMANCE

Lab Room - 262 W. Nueva St., Suite 1-242, San Antonio, TX 78207

TERMS AND CONDITIONS

The following judiciary terms and conditions are incorporated into this request and will be included in the resulting order.

SOLICITATION PROVISIONS Provision 3-5, Taxpayer Identification and Other Offeror Information (APR 2011)

(a) Definitions.  "Taxpayer Identification (TIN)," as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a social security number or an employer identification number.

(b)  All offerors shall submit the information required in paragraphs (d) and (e) of this provision to comply with debt collection requirements of 31 U.S.C. §§ 7701(c) and 3325(d), reporting requirements of 26 U.S.C. §§ 6041, 6041A, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c)  The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror's relationship with the government (31 U.S.C. § 7701(c)(3)). If the resulting contract is subject to payment recording requirements, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(d)  Taxpayer Identification Number (TIN): ______________________________

[  ]  TIN has been applied for.

[  ]  TIN is not required, because:

[  ]  Offeror is a nonresident alien, foreign corporation or foreign partnership that does not   have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

[  ]  Offeror is an agency or instrumentality of a foreign government;

[  ]  Offeror is an agency or instrumentality of the federal government.

(e)  Type of Organization:

[  ]  sole proprietorship;

            [  ]  partnership;

[  ]  corporate entity (not tax-exempt);

[  ]  corporate entity (tax-exempt);

[  ]  government entity (federal, state or local);

[  ]  foreign government;

[  ]  international organization per 26 CFR 1.6049-4;

[  ]  other

(f)  Contractor representations. The offeror represents as part of its offer that it is [___], is not [___] 51% owned and the management and daily operations are controlled by one or more members of the selected socio-economic group(s) below:

[  ]  Women Owned Business

[  ]  Minority Owned Business (if selected then one sub-type is required)

[  ]  Black American Owned

[  ]  Hispanic American Owned

[  ]  Native American Owned (American Indians, Eskimos, Aleuts, or Native Hawaiians)

[  ]  Asian-Pacific American Owned (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru)

[  ]  Subcontinent Asian (Asian-Indian) American Owned (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal)

[  ]  Individual/concern, other than one of the preceding.

(end)

Provision B-1, Solicitation Provisions Incorporated by Reference (SEP 2010)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: http://www.uscourts.gov/procurement.aspx.

(end)

The following provisions marked with an ‘X’ are incorporated by reference:

2-15

Warranty Information (JAN 2003)

2-70

Site Visit (JAN 2003)

X

2-85A

Evaluation Inclusive of Options (JAN 2003)

2-85B

Evaluation Inclusive of Options (JAN 2003)

2-85C

Evaluation of Options Exercised at Time of Contract Award (JAN 2003)

3-185

Evaluation of Compensation for Professional Employees (JAN 2003)

4-155

Alternate Awards (JUN 2014)

4-165

Price Proposal Instruction – Multi-Year Contract (JUN 2014)

CONTRACT CLAUSES

B-5 - Clauses Incorporated by Reference – OCT. 2010

This procurement 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:

http://www.uscourts.gov/procurement.aspx.

Clause 7-10, Contractor Representative (JAN 2003)

(a) The contractor's representative to be contacted for all contract administration matters is as follows (contractor complete the information):

Name:

Address: 

Telephone: 

E-mail:

Fax: 

(b) The contractor's representative shall act as the central point of contact with the judiciary, shall be responsible for all contract administration issues relative to this contract, and shall have full authority to act for and legally bind the contractor on all such issues.

(end)

The following clauses marked with an ‘X’ are incorporated by reference:

2-5B

Inspection of Services (APR 2013)

2-20A

Incorporation of Warranty (JAN 2003)

2-40B          

Delivery of Excess Quantities (JAN 2003)

2-50

Continuity of Services (JAN 2003)

2-55

Privacy or Security of Safeguards (JAN 2003)

2-80

Judiciary Property (JAN 2003)

2-90C

Option to Extend Services (APR 2013)

2-90D

Option to Extend the Term of the Contract (APR 2013)

2-110

Option to Purchase Equipment (JAN 2003)

2-125

Security for Advance Payment (APR 2013)

2-130

Energy Efficiency in Energy-Consuming Products (APR 2013)

2-135

Acquisition of EPEAT®-Registered Personal Computer Products (MAR 2019)

2-140

Judiciary IT Security Standards (APR 2013)

3-1

Contractor Use of Mandatory Sources of Products or Services (JUN 2012)

X

3-3

Provisions, Clauses, Terms and Conditions - Small Purchases (JUN 2014)

4-150

Cancellation Under Multi-Year Contracts (JUN 2014)

5-1

Payments under Personal and Professional Services Contracts (APR 2013)

5-30

Authorization and Consent (JAN 2003)

5-30

Alternate I (JAN 2003)

6-10

Deposit of Assets Requirements (APR 2013)

6-15

Deposit of Assets Instead of Surety Bonds (JAN 2003)

6-65

Rights in Data – Special Works (JAN 2010)

6-75

Rights to Data in an Offer (APR 2013)

6-80

Rights in Data – Existing Works (JAN 2010)

6-90

Notice and Assistance Regarding Patent and Copyright Infringement (APR 2010)

6-110

Deferred Ordering of Technical Data or Computer Software (JUN 2014)

X

7-1

Contract Administration (JAN 2003)

X

7-5

Contracting Officer's Representative (APR 2013)

X

7-15

Observance of Regulations/Standards of Conduct (JAN 2003)

X

7-25

Indemnification (AUG 2004)

7-45

Travel (APR 2013)

7-55

Contractor Use of Judiciary Networks (JUN 2014)

7-70

Judiciary Property Furnished "As Is" (APR 2013)

7-95

Contractor Inspection Requirements (JAN 2003)

7-115

Availability of Funds (JAN 2003)

7-160

Limitation on Withholding of Payments (APR 2013)

7-170

Notice of Intent to Disallow Costs (JAN 2003)

7-180

Prohibition of Assignment of Claims (JUN 2012)

X

7-215

Notification of Ownership Changes (JAN 2003)

Clause 3-175, Fair Labor Standards Act and Service Contract Labor Standards – Price Adjustment (Multi-Year and Option Contracts)

 Fair Labor Standards Act and Service Contract Labor Standards – Price Adjustment (Multi-Year and Option Contracts) (MAR 2019)

(a)This clause applies to both contracts subject to area prevailing wage determinations and contracts subject to collective bargaining agreements.

(b)The contractor warrants that the prices in this contract do not include any allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

(c)The wage determination, issued under the Service Contract Labor Standards statute (41 U.S.C. § 6701 et seq.), by the Administrator, Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, current on the anniversary date of a multi-year contract or the beginning of each renewal option period, will apply to this contract. If no such determination has been made applicable to this contract, then the federal minimum wage as established by section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended, (29 U.S.C. § 206) current on the anniversary date of a multi-year contract or the beginning of each renewal option period, will apply to this contract.

(d)The contract price, contract unit price labor rates, or fixed hourly labor rates will be adjusted to reflect the contractor's actual increase or decrease in applicable wages and fringe benefits to the extent that the increase is made to comply with or the decrease is voluntarily made by the contractor as a result of:

(1)the Department of Labor wage determination applicable on the anniversary date of the multi-year contract, or at the beginning of the renewal option period. For example, the prior year wage determination required a minimum wage rate of $4.00 per hour. The contractor chose to pay $4.10. The new wage determination increases the minimum rate to $4.50 per hour. Even if the contractor voluntarily increases the rate to $4.75 per hour, the allowable price adjustment is $.40 per hour;

(2)an increased or decreased wage determination otherwise applied to the contract by operation of law; or

(3)an amendment to the Fair Labor Standards Act of 1938 that is enacted after award of this contract, affects the minimum wage, and becomes applicable to this contract under law.

(e)Any adjustment will be limited to increases or decreases in wages and fringe benefits as described in paragraph (d) of this clause, and the accompanying increases or decreases in social security and unemployment taxes and workers' compensation insurance, but shall not otherwise include any amount for general and administrative costs, overhead, or profit.

(f)The contractor shall notify the contracting officer of any increase claimed under this clause within 30 days after receiving a new wage determination unless this notification period is extended in writing by the contracting officer. The contractor shall promptly notify the contracting officer of any decrease under this clause, but nothing in the clause will preclude the government from asserting a claim within the period permitted by law. The notice shall contain a statement of the amount claimed and the change in fixed hourly rates (if this is a time-and-materials or labor-hour contract), any relevant supporting data, including payroll records, that the contracting officer may reasonably require. Upon agreement of the parties, the contract price or contract unit price labor rates will be modified in writing. The contractor shall continue performance pending agreement on or determination of any such adjustment and its effective date.

(g)The contracting officer or an authorized representative will have access to and the right to examine any directly pertinent books, documents, papers and records of the contractor until the expiration of 3 years after final payment under the contract.

(end)

7-65 - Protection of Judiciary Buildings, Equipment, and Vegetation – APR. 2013

The contractor shall use reasonable care to avoid damaging buildings, equipment, and vegetation (such as trees, shrubs, and grass) on the judiciary facility. If the contractor's failure to use reasonable care causes damage to any of this property, the contractor shall replace or repair the damage at no expense to the judiciary, as the contracting officer directs. If the contractor fails or refuses to make such repair or replacement, the contractor shall be liable for the cost, which may be deducted from the contract price.

Request for Quotation

RFQ number:                                      TXWPROB26 – LAB/SA                       

Quotes due no later than:        July 27, 2026 at 1:00 PM CST

Provide quotes to:                   Lori Hearn at contact@example.gov

The U.S. Probation Services with the Western District of Texas is requesting quotes for the services described below.

Using the quote sheet provided herein, email your quote no later than the date and time specified above.  Late quotes will not be considered unless the judiciary determines, at its own discretion, that considering the late quote is in the judiciary’s best interest and will not unduly delay the procurement. Note:  No questions will be accepted as the statement of work addresses our specific requirements.

The Court anticipates receiving three (3) dual price proposals from all Offerors, one price proposal based on pricing for award of a base year and an option for subsequent years two and three. The Court intends to make an award based on the lowest priced, technically acceptable quote for entire period of performance. All items should be quoted as a fixed price. Payment terms will be considered Net 30 unless more favorable terms are offered.

The period of performance will be:

            Year One - September 1, 2026 to August 30, 2027

            Optional Year 2 – September 1, 2027 to August 30, 2028

            Optional Year 3 – September 1, 2028 to August 30, 2029

The place of performance will be Pretrial Services Lab Room - 262 W. Nueva St., Suite 1-242 San Antonio, TX 78207

Sincerely,

Lori Hearn

Contracting Officer

Quote Sheet for RFQ # TXWPROB26 – LAB/SA

Instructions for Quoter:

Provide the information requested here and below at Provision 3-5 and Clause 7-10:

Company name:

DUNS number or UEI:

Discount terms, if other than Net 30:

Instructions for Quoter:

Fill in the unit price and extended price for each item.

Fill in the grand total amount.

Year 1

Item

Description

Qty

Unit of Issue

Unit Price ($)

Extended Price ($)

1

Fee for four (4) 28-gallon leak-proof containers marked and labeled with biohazard symbol. Weekly service (date to be determined at time of award) unless holidays interfere.

   12

months

2

Disposal of above containers.

   12

months

GRAND TOTAL:

$

Notes:

1. Include process for handling erroneous charges.
2. Vendor to provide red leak-proof trash bags.

Optional Year 2

Item

Description

Qty

Unit of Issue

Unit Price ($)

Extended Price ($)

1

Fee for four (4) 28-gallon leak-proof containers marked and labeled with biohazard symbol. Weekly service (date to be determined at time of award) unless holidays interfere.

   12

months

2

Disposal of above containers.

   12

months

GRAND TOTAL:

$

Notes:

1. Include process for handling erroneous charges.
2. Vendor to provide red leak-proof trash bags.

Optional Year 3

Item

Description

Qty

Unit of Issue

Unit Price ($)

Extended Price ($)

1

Fee for four (4) 28-gallon leak-proof containers marked and labeled with biohazard symbol. Weekly service (date to be determined at time of award) unless holidays interfere.

   12

months

2

Disposal of above containers.

   12

months

GRAND TOTAL:

$

Notes:

1. Include process for handling erroneous charges.
2. Vendor to provide red leak-proof trash bags.

STATEMENT OF WORK (SOW)

The Western District of Texas Probation Services is requesting biohazardous waste management and disposal services for the San Antonio Regional Lab Room.  The lab provides drug testing results throughout the judiciary and requires disposal of non-sharps items contaminated with human specimen material (bodily fluids).  Other personal protective equipment includes urine collection kits, plastic bags, gloves, and bottles.

SPECIAL REQUIREMENTS/INFORMATION

Vendor shall:

1. Provide government with documentation reflecting that the disposal of waste acquired under the specified purchase order has been disposed of following federal, state, and local guidelines.
2. Maintain a current permit issued by the Department of Transportation for the transport of biohazardous (non-sharp) waste.
3. Indemnify and hold the government harmless for any and all losses, damages or liability on account of personal injury, death or property damage, or claims foe personal injury, death or property damage of any nature whatsoever and by whomsoever made, arising out of the activities of the vendor, his employee or agents under the specified purchase order.

REQUIREMENTS

Vendor shall provide the following:

      1)  Four (4) 28-gallon leak-proof contains marked and labeled with the biohazard symbol.

      2)  Repairs and maintenance of containers during the contract period.

      3)  Weekly service (service (date to be determined at time of award)) 8:00 am to 12:00 pm

            (CST) unless holidays interfere.

1. Vendor to notify designated judiciary staff of there is a change within 24 hours

             after determination.

      5)  Invoices with copies of signed order detailing pickup (waste manifest) and final

            disposition on a monthly basis.

      6)  Training support covering new waste regulations to ensure compliance with

regulatory agencies at no additional cost.

Vendor shall inform judiciary designee and contracting officer of all changes in applicable federal and local regulations and licensor requirements that may impact services provided to the judiciary.

SCHEDULE FOR PERFORMANCE

1. Schedule shall be submitted to the contracting officer and agreed upon prior to implementation.
2. Schedule shall be during normal working or agreed upon hours Monday through Friday on a weekly basis.
3. In cases of severe weather, vendor shall contact the Drug Analysis Specialist or designee to request the exception and provide an alternate date of service.  Note: designated government representative will inform vendor of federal holidays within two to three days prior to scheduled service.

LOCATION OF PERFORMANCE

Lab Room - 262 W. Nueva St., Suite 1-242, San Antonio, TX 78207

TERMS AND CONDITIONS

The following judiciary terms and conditions are incorporated into this request and will be included in the resulting order.

SOLICITATION PROVISIONS Provision 3-5, Taxpayer Identification and Other Offeror Information (APR 2011)

(a) Definitions.  "Taxpayer Identification (TIN)," as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a social security number or an employer identification number.

(b)  All offerors shall submit the information required in paragraphs (d) and (e) of this provision to comply with debt collection requirements of 31 U.S.C. §§ 7701(c) and 3325(d), reporting requirements of 26 U.S.C. §§ 6041, 6041A, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c)  The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror's relationship with the government (31 U.S.C. § 7701(c)(3)). If the resulting contract is subject to payment recording requirements, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(d)  Taxpayer Identification Number (TIN): ______________________________

[  ]  TIN has been applied for.

[  ]  TIN is not required, because:

[  ]  Offeror is a nonresident alien, foreign corporation or foreign partnership that does not   have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

[  ]  Offeror is an agency or instrumentality of a foreign government;

[  ]  Offeror is an agency or instrumentality of the federal government.

(e)  Type of Organization:

[  ]  sole proprietorship;

            [  ]  partnership;

[  ]  corporate entity (not tax-exempt);

[  ]  corporate entity (tax-exempt);

[  ]  government entity (federal, state or local);

[  ]  foreign government;

[  ]  international organization per 26 CFR 1.6049-4;

[  ]  other

(f)  Contractor representations. The offeror represents as part of its offer that it is [___], is not [___] 51% owned and the management and daily operations are controlled by one or more members of the selected socio-economic group(s) below:

[  ]  Women Owned Business

[  ]  Minority Owned Business (if selected then one sub-type is required)

[  ]  Black American Owned

[  ]  Hispanic American Owned

[  ]  Native American Owned (American Indians, Eskimos, Aleuts, or Native Hawaiians)

[  ]  Asian-Pacific American Owned (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru)

[  ]  Subcontinent Asian (Asian-Indian) American Owned (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal)

[  ]  Individual/concern, other than one of the preceding.

(end)

Provision B-1, Solicitation Provisions Incorporated by Reference (SEP 2010)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: http://www.uscourts.gov/procurement.aspx.

(end)

The following provisions marked with an ‘X’ are incorporated by reference:

2-15

Warranty Information (JAN 2003)

2-70

Site Visit (JAN 2003)

X

2-85A

Evaluation Inclusive of Options (JAN 2003)

2-85B

Evaluation Inclusive of Options (JAN 2003)

2-85C

Evaluation of Options Exercised at Time of Contract Award (JAN 2003)

3-185

Evaluation of Compensation for Professional Employees (JAN 2003)

4-155

Alternate Awards (JUN 2014)

4-165

Price Proposal Instruction – Multi-Year Contract (JUN 2014)

CONTRACT CLAUSES

B-5 - Clauses Incorporated by Reference – OCT. 2010

This procurement 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:

http://www.uscourts.gov/procurement.aspx.

Clause 7-10, Contractor Representative (JAN 2003)

(a) The contractor's representative to be contacted for all contract administration matters is as follows (contractor complete the information):

Name:

Address: 

Telephone: 

E-mail:

Fax: 

(b) The contractor's representative shall act as the central point of contact with the judiciary, shall be responsible for all contract administration issues relative to this contract, and shall have full authority to act for and legally bind the contractor on all such issues.

(end)

The following clauses marked with an ‘X’ are incorporated by reference:

2-5B

Inspection of Services (APR 2013)

2-20A

Incorporation of Warranty (JAN 2003)

2-40B          

Delivery of Excess Quantities (JAN 2003)

2-50

Continuity of Services (JAN 2003)

2-55

Privacy or Security of Safeguards (JAN 2003)

2-80

Judiciary Property (JAN 2003)

2-90C

Option to Extend Services (APR 2013)

2-90D

Option to Extend the Term of the Contract (APR 2013)

2-110

Option to Purchase Equipment (JAN 2003)

2-125

Security for Advance Payment (APR 2013)

2-130

Energy Efficiency in Energy-Consuming Products (APR 2013)

2-135

Acquisition of EPEAT®-Registered Personal Computer Products (MAR 2019)

2-140

Judiciary IT Security Standards (APR 2013)

3-1

Contractor Use of Mandatory Sources of Products or Services (JUN 2012)

X

3-3

Provisions, Clauses, Terms and Conditions - Small Purchases (JUN 2014)

4-150

Cancellation Under Multi-Year Contracts (JUN 2014)

5-1

Payments under Personal and Professional Services Contracts (APR 2013)

5-30

Authorization and Consent (JAN 2003)

5-30

Alternate I (JAN 2003)

6-10

Deposit of Assets Requirements (APR 2013)

6-15

Deposit of Assets Instead of Surety Bonds (JAN 2003)

6-65

Rights in Data – Special Works (JAN 2010)

6-75

Rights to Data in an Offer (APR 2013)

6-80

Rights in Data – Existing Works (JAN 2010)

6-90

Notice and Assistance Regarding Patent and Copyright Infringement (APR 2010)

6-110

Deferred Ordering of Technical Data or Computer Software (JUN 2014)

X

7-1

Contract Administration (JAN 2003)

X

7-5

Contracting Officer's Representative (APR 2013)

X

7-15

Observance of Regulations/Standards of Conduct (JAN 2003)

X

7-25

Indemnification (AUG 2004)

7-45

Travel (APR 2013)

7-55

Contractor Use of Judiciary Networks (JUN 2014)

7-70

Judiciary Property Furnished "As Is" (APR 2013)

7-95

Contractor Inspection Requirements (JAN 2003)

7-115

Availability of Funds (JAN 2003)

7-160

Limitation on Withholding of Payments (APR 2013)

7-170

Notice of Intent to Disallow Costs (JAN 2003)

7-180

Prohibition of Assignment of Claims (JUN 2012)

X

7-215

Notification of Ownership Changes (JAN 2003)

Clause 3-175, Fair Labor Standards Act and Service Contract Labor Standards – Price Adjustment (Multi-Year and Option Contracts)

 Fair Labor Standards Act and Service Contract Labor Standards – Price Adjustment (Multi-Year and Option Contracts) (MAR 2019)

(a)This clause applies to both contracts subject to area prevailing wage determinations and contracts subject to collective bargaining agreements.

(b)The contractor warrants that the prices in this contract do not include any allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

(c)The wage determination, issued under the Service Contract Labor Standards statute (41 U.S.C. § 6701 et seq.), by the Administrator, Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, current on the anniversary date of a multi-year contract or the beginning of each renewal option period, will apply to this contract. If no such determination has been made applicable to this contract, then the federal minimum wage as established by section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended, (29 U.S.C. § 206) current on the anniversary date of a multi-year contract or the beginning of each renewal option period, will apply to this contract.

(d)The contract price, contract unit price labor rates, or fixed hourly labor rates will be adjusted to reflect the contractor's actual increase or decrease in applicable wages and fringe benefits to the extent that the increase is made to comply with or the decrease is voluntarily made by the contractor as a result of:

(1)the Department of Labor wage determination applicable on the anniversary date of the multi-year contract, or at the beginning of the renewal option period. For example, the prior year wage determination required a minimum wage rate of $4.00 per hour. The contractor chose to pay $4.10. The new wage determination increases the minimum rate to $4.50 per hour. Even if the contractor voluntarily increases the rate to $4.75 per hour, the allowable price adjustment is $.40 per hour;

(2)an increased or decreased wage determination otherwise applied to the contract by operation of law; or

(3)an amendment to the Fair Labor Standards Act of 1938 that is enacted after award of this contract, affects the minimum wage, and becomes applicable to this contract under law.

(e)Any adjustment will be limited to increases or decreases in wages and fringe benefits as described in paragraph (d) of this clause, and the accompanying increases or decreases in social security and unemployment taxes and workers' compensation insurance, but shall not otherwise include any amount for general and administrative costs, overhead, or profit.

(f)The contractor shall notify the contracting officer of any increase claimed under this clause within 30 days after receiving a new wage determination unless this notification period is extended in writing by the contracting officer. The contractor shall promptly notify the contracting officer of any decrease under this clause, but nothing in the clause will preclude the government from asserting a claim within the period permitted by law. The notice shall contain a statement of the amount claimed and the change in fixed hourly rates (if this is a time-and-materials or labor-hour contract), any relevant supporting data, including payroll records, that the contracting officer may reasonably require. Upon agreement of the parties, the contract price or contract unit price labor rates will be modified in writing. The contractor shall continue performance pending agreement on or determination of any such adjustment and its effective date.

(g)The contracting officer or an authorized representative will have access to and the right to examine any directly pertinent books, documents, papers and records of the contractor until the expiration of 3 years after final payment under the contract.

(end)

7-65 - Protection of Judiciary Buildings, Equipment, and Vegetation – APR. 2013

The contractor shall use reasonable care to avoid damaging buildings, equipment, and vegetation (such as trees, shrubs, and grass) on the judiciary facility. If the contractor's failure to use reasonable care causes damage to any of this property, the contractor shall replace or repair the damage at no expense to the judiciary, as the contracting officer directs. If the contractor fails or refuses to make such repair or replacement, the contractor shall be liable for the cost, which may be deducted from the contract price.