15B31719Q00000031_Complete_Solicit_Pkg.pdf

U.S. Department of Justice

Federal Bureau of Prisons Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

September 26, 2019

RE: 15B31719Q00000031, Welding Instructor Program

Federal Correctional Complex (FCI) – Bennettsville, SC

Dear Quoters:

This cover letter precedes the solicitation package that has been prepared by the Federal Bureau of Prisons, Federal Acquisition Office, for the acquisition of Welding Instructor Program. This package contains all necessary information for submitting a quote for evaluation for performing these Welding Instructor Program at FCI Bennettsville, SC to include the Federal Prisons Camp and the Federal Correction Institute.

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 quotes must be received on or before October 24, 2019 at 4:00 pm Central Standard Time. Please email all required documents for quotes to ldthomas@bop.gov.

If you have questions about 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.

If you have any further questions, please email them to ldthomas@bop.gov. We will consider all questions received and provide responses, where appropriate.

Sincerely, LaShundra D. Thomas, Contract Specialist

Field Acquisition Office mailto:ldthomas@bop.gov http://www.aptac-us.org/ mailto:ldthomas@bop.gov

15B31719Q00000031 Page 1 of 43

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

15B31719Q00000031

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

09/26/2019

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

LaShundra D. Thomas ldthomas@bop.gov

b. TELEPHONE NUMBER (No collect calls)

9723524529

8. OFFER DUE DATE / LOCAL

TIME

10/24/2019 17:00:00

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: 611210

SIZE STANDARD: $22,000,000

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

15B317CODE15. DELIVER TO

Federal Bureau of Prisons FCI Bennettsville 696 Muckerman Road Bennettsville, SC 29512

CODE 15B31716. ADMINISTERED BY

Federal Bureau of Prisons FCI Bennettsville 696 Muckerman Road Bennettsville, SC 29512

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

15B317CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCI Bennettsville 696 Muckerman Road Bennettsville, SC 29512

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

To provide Welding Instructor Program (15090) for FCI/ FPC Bennettsville - - Based on inmate availability (Base Year, Four Option Years).

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

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: 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)

LaShundra Thomas

31c. DATE SIGNED

09/26/2019

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

0186-19

15B31719Q00000031 Page 2 of 43

19.

ITEM NO.

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. 2/2012) BACK

15B31719Q00000031 Page 3 of 43

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

2.3 Special Contract Conditions

3 Contract Clauses 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment 52.216-18 Ordering (Oct 1995) 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) 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

OR OTHER NATIONAL EMERGENCY (May 2008) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996)

52.27-103-72 DOJ RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)

52.21-603-71 Evaluation Of Contractor Performance Utilizing CPARS (Apr 2011) DJAR-PGD-15-03 Security of Department Information and Systems Attachment 1 (April 2015) PGD-14-05 Contractor Notice Regarding DOJ Policy Statement 1200.02, Federal Workplace Responses to Domestic Violence, Sexual Assault, and Stalking (Dec 2014) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (May 2019)

4 List of Attachments 5 Solicitation Provisions

5.1 Addendum to FAR 52.212-1, Instructions to Quoters-Commercial Items 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) 52.212-3 Offeror Representations and Certifications--Commercial Items (Oct 2018)

15B31719Q00000031 Page 4 of 43

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Welding Instructor Program for FCI Bennettsville - - Base Year, April 1, 2020 through March 31, 2021. This is for both FCI and

FPC. (FYI: 360*2 (FCI) + 360*2 (FPC) = 1440.)

1,440.000000 SS $____________ $___________________

0002 Welding Instructor Program for FCI Bennettsville - - Option Year 1, April 1, 2021 through March 31, 2022. This is for both FCI and

FPC. (FYI: 360*2 (FCI) + 360*2 (FPC) = 1440.)

1,440.000000 SS $____________ $___________________

0003 Welding Instructor Program for FCI Bennettsville - - Option Year 2, April 1, 2022 through March 31, 2023. This is for both FCI and

FPC. (FYI: 360*2 (FCI) + 360*2 (FPC) = 1440.)

1,440.000000 SS $____________ $___________________

0004 Four (4) Welding Services for FCC Victorville - - Option Year 3, October 1, 2022 through September 30, 2023. (Calculations should be as follows: 4 welding classes X 72 sessions X price = Option Year 3 Total)

1,440.000000 SS $____________ $___________________

0005 Welding Instructor Program for FCI Bennettsville - - Option Year 4, April 1, 2023 through March 31, 2024. This is for both FCI and

FPC. (FYI: 360*2 (FCI) + 360*2 (FPC) = 1440.)

1,440.000000 SS $____________ $___________________

0006 Sum of Base Year and All Option Years (Lines 1-5) 1.000000 $____________ $___________________

2.1 Pricing Methodology

Quoters are required to submit, as part of their quote, a completed copy of Section 2, “Commodity or Services Schedule.” 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/contract.

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.

This is a new requirement.

2.2 Statement of Work

Subject The Federal Bureau of Prisons, Federal Correctional Institution Bennettsville, intends to award to a firm-fixed price indefinite delivery/requirements type contract resulting from this solicitation to a post-secondary education institution for a Vocational Training

- Welding Instructor Program which meets the requirements outlined in this statement of work. Course completions will meet the Federal Bureau of Prisons standards for education and training. Services will be provided for inmates incarcerated at the Federal Correctional Institution (FCI) Bennettsville, South Carolina located at 696 Muckerman Road, Bennettsville, SC 29512, to include the Federal Prisons Camp and the Federal Correction Institute. General information regarding the FBOP, its facilities, and referenced Program Statements can be located at www.bop.gov.

Place of Performance Training Instruction will be performed in the Education Department inside the Federal Correctional Institution and Federal Prison Camp, Bennettsville, SC.

15B31719Q00000031 Page 5 of 43

Schedule The Contractor will make available, on a nondiscriminatory basis, two separate cycles (360 hours/cycle each) at the FCI and the FPC, of vocational training in Welding Technology per 12 month period for a total of 1440 hours per year. The services will include classroom application instruction and hands on instruction in the Welding Shop at FCI/FPC Bennettsville, Monday through Friday, typically between the hours of 7:00 am through 3:00 pm or other hours as mutually agreed to by the Vocational Training Instructor and the Contractor.

Due to the nature of correctional settings, delays in performance may be expected. Such delays may include, but not limited to, inclement weather, electrical or mechanical problems, and other security matters. When contract employees report to the institution, but are not able to perform services due to such delays, the contractor will be reimbursed for the first hour should the contractor be turned away. If the institution requests that the contractor remain for eventual performance, the contractor shall be paid for the full hours worked.

Education and Qualifications The contractor must be an accredited college or vocational school capable of providing certificates of completion, as well as provide 36 ceu’s (continuing education units) per student for Welding Technology completions. In addition, the contractor must offer program accreditation and AWS certification to students that complete the program. All instructors provided by the contractor must have a Diploma in welding from an accredited college, and a minimum of four years teaching experience in a classroom setting.

Supplies and Equipment The contractor will be responsible for providing the instructor. All registration fees, certificates, program certification fees, AWS testing fees, and classroom instructional services shall be included in the contract price. The contractor will make recommendations to the Vocational Training Instructor pertaining to the selection and purchase of additional supplies and equipment.

Description of Duties The manner and method of performing the task outlined in the statement of work is the sole responsibility and within the sole discretion of the contractor; provided, however, contractor shall perform in accordance with standards and methods normally accepted by the contractor’s field of expertise.

The contractor’s provided instructor is required to have extensive knowledge in the areas related to the curriculum leading to the applicable college credits in the area of Welding Technology. The Instructor shall teach by lecture, demonstration, and project assignments. The contractor shall develop and administrate classroom evaluation of the inmate/students and submit grades in accordance with the established educational procedures similar to those in the community. The contractor may, when applicable, allow advanced students to assist students of lesser abilities.

FCI Bennettsville will provide a curriculum for the program. The course will be designed to prepare inmates to be qualified at a minimum for entry level welding positions. Program completion will result in marketable skills that meet the minimum qualifications according to industry standards and a certificate of completion from the contractor (accredited college). Class size will be limited to 15 students. Students will be screened and selected by the Vocational Training Instructor or designee responsible for the program.

The contractor will provide pre-approved and qualified personnel to act as an alternate instructor(s) in the event of the primary instructor's absence, or the class will be extended additional hours to complete the course curriculum.

Contractor will take attendance daily on a roll sheet provided by the institution, noting and reporting all absences. The roll sheet will be turned into the Vocational Training Instructor or designee at the conclusion of each class. Any inmate who has two consecutive unexcused absences, will be dropped from the program.

Attire The contractor is expected to wear professional clothing while on duty. The attire worn shall also be appropriate for the correctional environment in which the contract employee will be performing.

Inmate Management Provision of services will require frequent and unsupervised contact with inmates. The contract employee shall not be responsible for the management of any inmates, other than to ensure inmates involved within the contract’s scope of work abide by all rules to ensure their safety and well-being. The successful contractor shall attend the Institution Familiarization Orientation program prior to assuming institution involvement. Reimbursement to the contractor for the time spent in the institution orientation or other specific security related training will be at the contract rate, prorated hourly. The contractor may, at any time, be removed from the

15B31719Q00000031 Page 6 of 43 institution at the discretion of the Warden. The contractor is to constantly be aware of security and maintain a professional relationship with inmates at all times. Any violation of the institution rules and regulations are to be brought immediately to the attention of any Government employee employed at the institution. The contractor will be required to provide documentation to the Contracting Officer’s Representative or designee, of any infractions of institutional rules and regulations by inmates for proper action.

Institution Security The contractor’s instructor(s) will be required to attend a four to six hour orientation program on safety/security procedures for the institution. The contractor/contract employees shall agree to all regulations prescribed by the institution for the safety, custody, and conduct of inmates. The contract employee will be required to sign in and out of the institution for accountability purposes. A badge will be issued and worn at all times for proper identification.

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 August 2019 and with an anticipated effective date of award (EDOA) of April 1, 2020. The contractor shall commence full performance of services on the EDOA. Therefore, all background clearances shall be completed prior to the EDOA.

The resulting contract will include a base year period from April 1, 2020 through March 31, 2021 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” and 52.217-8, "Option to Extend Services." Pursuant to FAR 17.203(b), the Government's evaluation shall be inclusive of options.

Performance:

The periods of performance of the resulting contract shall be as follows:

Base Year – April 1, 2020 through March 31, 2021 Option Year 1 – April 1, 2021 through March 31, 2022 Option Year 2 – April 1, 2022 through March 31, 2023 Option Year 3 – April 1, 2023 through March 31, 2024 Option Year 4 – April 1, 2024 through March 31, 2025

Point of Acceptance:

The point of acceptance destination is FCI Bennettsville.

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. The contractor shall attend all training required by the Bureau of Prisons for contract workers. The contractor will not be permitted to attend institution meetings, staff recalls or Government training sessions for institution staff.

Reviews:

The Contracting Officer or designee is authorized to review by on-site survey, review of records, or by any other reasonable manner, the quality of supplies rendered under this contract. All records shall be subject to review by the Contracting Officer or other representative of the BOP.

Payment Terms:

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 blanket purchase agreement is reserved to the Contracting Officer. This responsibility may be delegated to an Administrative Contracting Officer by the Contracting Officer.

Contract Administration Office (CAO):

15B31719Q00000031 Page 7 of 43

The Contracting Office at FCI Bennettsville is assigned to be the CAO for a resultant contract. This assignment carries with it the authority to perform all normal contract administration functions as listed in FAR 42.302(a), items 1 through 70; to the extent those functions apply to this contract. This assignment also includes delegation of authority to perform functions specified in FAR 42.302(b), items 1 through 11.

Ordering Official:

Task orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for FCI Bennettsville with an appropriate certificate of appointment. Each task order will identify the supply schedule for that period. Orders can be issued orally or electronic commerce methods. The SF-1449 will be the form used for task orders.

Contract Security/Investigative Requirements:

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.

In addition to the above procedures, Contractor employees must agree to undergo a urinalysis test (for the detection of marijuana and other drug usage). If a test result is positive, the individual(s) shall be excluded and the Contractor shall provide acceptable replacement personnel subject to the same security requirements. Before a quote can be considered for award, the Contractor must agree to submit to the all the above security requirements.

Statement of Equivalent Hires:

The applicable fill in information for FAR 52.222-42, Statement of Equivalent Hires (May 2014) is as follows: Technical Instructor, Code 15090 - $20.30 plus benefits. As stated in the contract clause, this is for informational purposes only.

Department of Labor Wage Determination:

The applicable DOL Wage Determination for this procurement has been determined to be Wage Determination No. 2015-4455, Revision No. 11 dated 7/16/2019. 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.

15B31719Q00000031 Page 8 of 43

Section 3 - Contract Clauses

A.1 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.

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)

52.212-4 Contract Terms and Conditions--Commercial Items (Oct 2018)

52.228-5 Insurance - Work on a Government Installation (Jan 1997)

52.232-18 Availability Of Funds (Apr 1984)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Dec 2013)

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

Clauses By Full Text

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

(a) Definitions. As used in this clause—

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means-

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

15B31719Q00000031 Page 9 of 43

Critical technology means-

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub.

L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information;

in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE)

15B31719Q00000031 Page 10 of 43 code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

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)

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 one each, 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; 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 in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

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(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)

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 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 [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(End of clause)

52.222-42 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 5332.

This Statement is for Information Only:

It is not a Wage Determination Emp###loye###e Cl###ass Mon###etar###y Wa###ge -### Fri###nge ###Bene###fits

(End of clause)

52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond September 30 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

15B31719Q00000031 Page 12 of 43 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)

52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication

201 (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I.

1. Long-Term Contractor Personnel:

In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 contractor employee whose background investigation (BI) process begins on or after October 27, 2005:

a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form I-9, OMB No. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture ID);

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

c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position.

Outlined below are the minimum BI requirements for each risk level:

###High Risk - Background Investigation (5 year scope) ###Moderate Risk - Limited Background Investigation (LBI) or Minimum Background Investigation (MBI) ###Low Risk - National Agency Check with Inquiries (NACI) investigation

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

1) Favorable review of the security questionnaire form;

2) Favorable fingerprint results;

3) Favorable credit report, if required;3

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

and

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

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

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

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

2. Short-Term Contractor Personnel:

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

a. Favorable review of the security questionnaire form;

b. Favorable fingerprint results;

c. Favorable credit report, if required;5 and

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

A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of issuance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PIV-I identity proofing process.

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

3. Intermittent Contractors:

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

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

15B31719Q00000031 Page 13 of 43

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

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

d. If an intermittent contractor is approved for unescorted access, the contractor will only be issued a daily badge. The daily badge will be issued upon entrance into a DOJ facility or space and must be returned upon exiting the same facility or space.

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

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

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

Notes:

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

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

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

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

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

[End of Clause]

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.

###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.

15B31719Q00000031 Page 14 of 43

###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 contractor's 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.

The Department does reserve the right in such emergency situations to use Federal employees, employees of other agencies, contract support from other existing contractors, or to enter into new contracts for critical support services. Any new contracting efforts would be acquired following the guidance in the Office of federal Procurement Policy issuance "Emergency Acquisitions", May, 2007 and Subpart 18.2. Emergency Acquisition Flexibilities, of the Federal Acquisition Regulations.

[End of Clause]

2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 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 Technical Representative (COTR) 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…