15B40221Q00000007_Complete Solicit Pkg.pdf

U.S. Department of Justice

Federal Bureau of Prisons Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

June 29, 2021

RE: 15B40221Q00000007, Auto Body/Collison Repair Technician Certification Program

Federal Prison Camp (FPC) – Duluth, MN

Dear Quoters:

This cover letter precedes the solicitation package has been prepared by the Federal Bureau of Prisons, Federal Acquisition Office, for the acquisition of Auto Body/Collison Repair Technician Certification Program. This package contains all necessary information for submitting a quote for evaluation for performing these services at FPC Duluth, MN.

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 July 27, 2021 at 3:00 pm Central Time. Please email all required documents for quotes to ldthomas@bop.gov.

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, Contracting Officer

Field Acquisition Office mailto:ldthomas@bop.gov mailto:ldthomas@bop.gov

15B40221Q00000007 Page 1 of 53

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15B40221Q00000007

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

06/29/2021

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

07/27/2021 15:00 CT

CODE 15BFA0

Federal Bureau of Prisons Field Acquisition Office U.S. Armed Forces Reserve Complex 346 Marine Forces Drive Grand Prairie, TX 75051

9. ISSUED BY 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

15B402CODE15. DELIVER TO

Federal Bureau of Prisons FPC Duluth 6902 Airport Road Attn: Business Office Duluth, MN 55814

CODE 15B40216. ADMINISTERED BY

Federal Bureau of Prisons FPC Duluth 6902 Airport Road Attn: Business Office Duluth, MN 55814

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

15B402CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FPC Duluth 6902 Airport Road Attn: Business Office Duluth, MN 55814

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 Auto Body/Collison Repair Technician Certification Program, Technical Instructor (15090) for FPC Duluth - - Based on inmate availability (Base Year, Four Option Years and 6 Month Option).

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

06/29/2021

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

15B40221Q00000007 Page 2 of 53

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

15B40221Q00000007 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 for Auto Body/Collison Repair Technician Certification Program

2.3 Special Contract Conditions

3 Contract Clauses 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018) 52.224-1 Privacy Act Notification (Apr 1984) 52.224-2 Privacy Act (Apr 1984) 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) 52.216-18 Ordering (Aug 2020) 52.216-19 Order Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 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) 52.21-603-70 Contracting Officer's Representative (COR) (June 2012)

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 (Jan 2021)

4 List of Attachments 5 Solicitation Provisions

52.204-7 System for Award Management (Oct 2018) 52.212-1 Instructions to Offerors-Commercial Items (Jun 2020) 52.217-5 Evaluation of Options (July 1990)

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 (Oct 2020) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) 52.212-3 Offeror Representations and Certifications-Commercial Items (Feb 2021)

15B40221Q00000007 Page 4 of 53

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0001 Auto Body/Collision Repair for FPC Duluth - - Base Year, October 1, 2021 through September 30, 2022. (FYI: 860 sessions * 9 inmates = 7,740 total sessions.)

Firm Fixed Price

PSC: U006

7,740 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0002 Auto Body/Collision Repair for FPC Duluth - - Option Year One, October 1, 2022 through September 30, 2023. (FYI: 860 sessions

* 9 inmates = 7,740 total sessions.)

Firm Fixed Price

PSC: U006

7,740 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0003 Auto Body/Collision Repair for FPC Duluth - - Option Year Two, October 1, 2023 through September 30, 2024. (FYI: 860 sessions

* 9 inmates = 7,740 total sessions.)

Firm Fixed Price

PSC: U006

7,740 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0004 Auto Body/Collision Repair for FPC Duluth - - Option Year Three, October 1, 2024 through September 30, 2025. (FYI: 860 sessions

* 9 inmates = 7,740 total sessions.)

Firm Fixed Price

PSC: U009

7,740 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0005 Auto Body/Collision Repair for FPC Duluth - - Option Year Four, Oct 1, 2025 through September 30, 2026. (FYI: 860 sessions * 9 inmates = 7,740 total sessions.)

Firm Fixed Price

PSC: U006

7,740 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0006 Auto Body/Collision Repair for FPC Duluth - - 6 Month Option.

(FYI: 430 sessions * 9 inmates = 3,870 total sessions.)

3,870 SS $________ $_________________

15B40221Q00000007 Page 5 of 53

Firm Fixed Price

PSC: U006

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0007 Sum of Auto Body/Collision Repair for Base Year, All Option Years and 6 Mon Opt (Lines 1-6)

Firm Fixed Price

PSC: U006

1 SS $________ $_________________

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.

Current Contract Details:

This is a new requirement.

2.2 Statement of Work for Auto Body/Collison Repair Technician Certification Program

Subject The Federal Bureau of Prisons (BOP), Field Acquisition Office (FAO), intends to make a single award to a post-secondary institution or vocational training school that will be responsible for providing instruction in Auto Body/Collison Repair Technician Certification Program for the Federal Prison Camp Duluth, Minnesota, herein after referred to as FPC Duluth. Successful completion of the training program must qualify inmates for at least entry-level employment in the Auto Body/Collision repair field upon release. Services will be provided to the inmate population off-site at the contractor’s facility. The Government reserves the right to award without discussion. Therefore, each initial quote should contain the quoter’s best terms from a cost or price standpoint. The contract period will be in effect from the date of award through 66 months. General information regarding the BOP is located at www.bop.gov.

Place of Performance Occupational training instruction will be performed in classrooms at the contractor's facility, which means the inmates will be traveling to the facility to participate in this program. Therefore, the contractor's facilities shall be no further than 20 miles from FPC Duluth (4464 Ralston Drive, Duluth, MN 55811) in order to be considered for contract award. Invoices for payment shall be submitted to:

FPC Duluth Attn: Business Office PO Box 1400 Duluth, MN 55814 Or DTH-BusinessOffice-S@bop.gov

Schedule Academic instruction will generally be performed Monday through Friday from 9:00 A.M. through 2:00 P.M., except for Federal Holidays. These hours may be adjusted by mutual agreement of both parties. Due to the nature of the correctional setting, delays in

15B40221Q00000007 Page 6 of 53 performance of work may be experienced. Such delays may include but are not limited to inclement weather, electrical or mechanical problems, or others security matters. It is anticipated that the certificate program would be completed for each student class in a period of one year consisting of two semesters.

Education and Qualifications The contractor shall not be a self-employed individual or individual employed by a post-secondary institution. The contract must be between FPC Duluth and awarded post-secondary institution, or vocational training school.

The occupational education program must fall under the provider's umbrella of accreditation and lead to transferable credits resulting in an industry-accepted college certification. Providers must be accredited by a recognized accrediting agency. If required for employment, certification tests from outside organizations may be administered to individual inmates upon completion of a specific occupational education program. However, the individual skill competency certification will not replace the training program's overall accreditation.

The occupational education program must lead to an industry-accepted college certification qualifying inmates for at least an entry-level position of employment. Credits earned from the college certificate must be transferable to a four-year college, or four-year degree programs. Programs in liberal arts/general studies are not authorized, although limited and specific courses of a liberal arts/ general studies nature may be permitted if directly related to preparation for a specific occupation or vocation.

Supplies and Equipment The contractor will provide the following supplies, equipment, and curriculum materials:

One set of textbooks, workbooks, and other tools and materials customarily provided to college level students for each course for 9 students for each contract performance period. Textbooks shall be utilized from one class to the next and one contract performance period to the next until there is an edition change. The contractor shall be responsible for bearing the expense of providing updated textbooks resulting from edition changes in the quantities set forth herein. Textbooks provided by the contractor may be "used" as long as they are in a condition customarily deemed acceptable for use by college-level students.

FPC Duluth will be responsible for providing replacements for any textbooks, workbooks, etc., which are lost, misplaced, confiscated or destroyed after issuance to the student. The contractor may make recommendations to the Supervisor of Education pertaining to the selection and purchase of additional supplies and equipment.

Description of Duties The contractor will provide instruction for an Auto Body/Collison Repair Certificate in accordance with Bureau of Prisons Program Statement 5353.01, Occupational Education Programs, and Bureau of Prisons Program Statement 5300.21, Education, Training and Leisure Time Program Standards.

Twenty-forty percent (20-40%) of the curriculum's competencies must be hands-on replication of the actual work environment.

Application of hands-on work must be occupational in nature. An institution live work project may be utilized to demonstrate or apply hands-on competencies. Electronic or computer based simulation does not satisfy the hands-on or live work requirement.

Examples of hands-on replication of actual work would be:

* Simple Dent Repair

* Auto Trim and Glass Service

* Auto Body Welding

* Automotive Refinishing

* Collision Repair/Replacement

* Unibody and Frame Replacement

* Production Lab

The Supervisor of Education must approve live work projects.

Marketable programs shall afford inmates the opportunity to gain in demand skills in a specific occupation, industry, or trade. The Auto Body Repair program must qualify inmate graduates for at least an entry-level position in auto body repair. As a precondition of the quote for the contract, the contractor shall specify in writing to the Supervisor of Education the position(s) of employment for which inmate graduates will be eligible to apply.

Examples of possible employment:

15B40221Q00000007 Page 7 of 53

* Entry Level Auto Body Technician

* Auto Body Apprentice

* Resurfacing Technician

* Powder Coater

* Auto Reconditioning/Rim Repair

The quoter shall provide services in accordance with the requirements of this solicitation for 9 students at FPC Duluth. Services shall include the provision of offsite academic instruction and appropriate academic advisement.

The contractor shall maintain records on each student which include registration/enrollment status, attendance, academic progress/ standing, completion, and withdrawal data. The contractor must inform the COR (or FPC Duluth staff designated by the COR) of issues or concerns in a timely manner. In addition, the contractor shall designate an individual to provide students with enrollment information, establish, and coordinate program requirements, as well as coordinate affairs between the Contractor and FPC Duluth.

The curriculum must include clear criteria, which establishes minimum expectations for program completion, provisions for the assessment of student progress, and the hands-on competencies.

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. The contractor is prohibited from wearing green clothing of any type as this is the color clothing the inmate population wear.

Inmate Management Provision of services will require frequent and unsupervised contact with inmates. The inmates eligible for this program have been classified by the Bureau of Prisons as minimum security. Inmates designated with this security classification have Bureau of Prisons approval to transport themselves in a Bureau of Prisons issued vehicle to/from the contractor's facility.

A Bureau of Prisons staff member will not ordinarily accompany the inmate students. 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 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 Contractor Officers Representative (COR), or designee, of any infractions of institutional rules and regulations by inmates for proper action.

The contractor shall maintain records on each student which include registration/enrollment status, attendance, academic progress/ standing, completion and withdrawal data, and inform the COR (or FPC Duluth staff designated by the COR) of issues or concerns in a timely manner. In addition, the contractor shall designate an individual to provide students with enrollment information, establish and coordinate program requirements, and coordinate affairs between the contractor and FPC Duluth.

Inmates shall not use a computer without prior written approval of the Computer Services Manager.

Institution Security All instructors will be required to attend/complete a four-hour security orientation program prior to performing off-site services.

Thereafter, all instructors providing off-site services will be required to comply with all applicable Federal Bureau of Prisons security policies and procedures. The date and time for this orientation will be mutually agreed upon by both parties.

The Contractor agrees to adhere to all regulations prescribed by the institution in regards to the safety, custody, and conduct of inmates. The Bureau of Prisons requires all non-employees to sign in and out of the institution for security reasons. The Contractor’s service provider may, at any time, be removed from the institution at the discretion of the CEO for violations of institutional security policies or behavior that may jeopardize the safety and security of the institution.

The Contractor must successfully pass background investigation to include:

1. National Crime Information Center (NCIC) check;

2. DOJ-99 (Name Check);

3. FD-258 (Fingerprint Check);

4. Law Enforcement Agency Checks;

5. Vouchering of Employers over past five years;

6. Resume/Personal Qualifications;

7. OPM-329-A (Authority for Release of Information); and

15B40221Q00000007 Page 8 of 53

8. NACI Check (if applicable.)

A urinalysis test is required for the detection of marijuana and other drug usage before the contract is awarded. If the proposed contract is with an individual, and if the test is positive, the proposed contractor shall be disqualified from being awarded the contract.

If the proposed contract is with a company and the individual(s) assigned to perform the work test positive, the individual(s) shall be excluded and the proposed contractor shall provide acceptable replacement personnel subject to the same security requirements.

The contractor agrees to adhere to all regulations/policies prescribed by FPC Duluth and the Bureau of Prisons to ensure the safety, custody and conduct of the inmate. All services are to be supervised as required by institution policy, Contract, Part-time, Volunteer Employee Rules, Regulations, and Orientation” and Policy Statement 3730.2.

Non-Personal Services Information This is a contractual arrangement and not a personnel appointment. As specified in FAR 37.101, A Non-personal Service Contracts means a contract under which the personnel rendering the services are not subject, either by the contract's terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

The contractor shall not supervise inmates, supervise Bureau of Prisons Staff, participate in inmate accountability, requisition, sign for or pick up supplies, formulate policy or procedures, attend meetings, recalls or staff functions, or be a member of the Employee’s Club. All duties outlined in this Statement of Work shall be performed in accordance with standards and methods generally accepted within the contractor's own field of expertise. Payment shall be based on the accomplishment of specific results, and the results to be obtained shall be entirely within the contractor's own unsupervised determination. The COR will periodically evaluate the contractor's performance of the contract.

By submission of a quote, the contractor agrees to all the above requirements.

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 2021 and with an anticipated effective date of award (EDOA) of October 1, 2021.

On or about the EDOA, FPC Duluth will issue a task order to the contractor. The contractor shall commence full performance of services within 3 days of the EDOA.

The resulting contract will include a base year period from October 1, 2021 through September 30, 2022 with four (4) possible 12-month option years for renewal as well as a 6 month option period at the unilateral discretion of the Government. Quoters are advised that the Government has the unilateral right to exercise option periods in accordance with 52.217-9, "Option to Extend the Term of the Contract" and FAR 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 – October 1, 2021 through September 30, 2022

Option Year 1 – October 1, 2022 through September 30, 2023

Option Year 2 – October 1, 2023 through September 30, 2024

Option Year 3 – October 1, 2024 through September 30, 2025

Option Year 4 – October 1, 2025 through September 30, 2026

6 Month Option Period

Point of Acceptance:

The point of acceptance is the contractor’s facility that is located within 20 miles from FPC Duluth, MN located at 4464 Ralston Drive, Duluth, MN 55811.

Non-Personal Services Information (BPAP 37.103(g):

Award of this contract shall not be construed as a personnel appointment, but the result of a contractual arrangement only. The services shall not constitute an employer/ employee relationship. Payments to the Contractor shall be based on the provision of an end product or the accomplishment of a specific task. Results to be obtained are within the Contractor's own unsupervised determination. The Contractor will not be subject to Government supervision but its efforts will be monitored for quality assurance.

Contracting Officer’s Representative (COR):

The Contracting Officer will designate in writing a COR who shall be responsible for:

a) Monitoring technical progress, including surveillance and assessment of performance and issuing technical changes;

b) Interpreting the scope of work;

c) Technical evaluation as required;

15B40221Q00000007 Page 9 of 53

d) Technical inspection and acceptance;

e) Assisting in the resolution of technical problems encountered by the service provider during contract performance;

f) Monitoring funds available for obligation;

g) Ensuring that task orders are issued in accordance with appropriate terms;

h) Ensuring that invoices and payments are processed in a timely manner;

i) Assisting in the resolution of administrative problems encountered by the service provider during the contract performance.

The Contracting Officer’s Representative (COR) will periodically evaluate the contractor’s performance of the contract. In this evaluation, the performance of individual contractor will be evaluated by the COR and/or the Unit Team. If the performance of an individual contractor is deemed unacceptable based on the COR and/or Facilities Manager, that contractor will no longer perform those said duties. In this event, the company will be responsible for replacing that contractor.

All duties outlined in this Statement of Work shall be performed in accordance with standards and methods generally accepted within the Contractor’s own field of expertise.

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 resulting 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 FPC Duluth 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 FPC Duluth 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 OF-347, SF-1449, or purchase card acquisition form will be used as the task order.

Contract Security/Investigative Requirements:

The employees of the Contractor entering the institution shall meet certain security requirements to receive an institutional pass as required by Bureau of Prisons

Program Statement 3000.03 dated December 19, 2007. Primary concerns are the amount of contact that may occur between the contractor and his/her employees with the inmate population during the performance of the contract.

The program manager at the FPC is responsible for conducting the appropriate vouchering, law enforcement checks, and ensuring that fingerprinting is completed on all

Contractor staff that may need access inside the confines of the secure perimeter. The personnel department will establish a security file that will be maintained on each of the Contractor's employees from the beginning of the contract through its duration. The following investigative procedures will be performed:

(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.

By submitting a quote, the Contractor and its employees agree to complete the required documents and undergo the listed procedures. An individual employee of the

Contractor who does not pass the security clearances will be unable to perform services under the contract. The final determination and completion of the security investigation procedures will be made at the sole discretion of the FPC. All persons are advised that a urinalysis test for the detection of marijuana and other drug

15B40221Q00000007 Page 10 of 53 usage shall be performed. Any person(s) testing positive shall be disqualified from performing under the resulting contract. Any individual employed by the Contractor deemed not suitable by the Bureau of Prisons requirements will not be granted access to perform services under the contract. This is a condition of the contract. The

Contractor must be in compliance with Department of Justice regulations at 8 CFR 274a regarding the employment of aliens. A copy of this directive is available upon the Contractor's request.

In addition, each Contractor employee must attend an orientation program at the institution. The purpose of this program is to familiarize Contractor employees with

FCI operations, the institution, and general rules of conduct and procedures inside the institution. Contractor employees shall adhere to all institution regulations regarding conduct and performance. Contractor employees will be allowed access to the institution at the sole discretion of the Chief Executive Officer (CEO). Any individual performing under this contract may be removed if it becomes apparent that his/her conduct does not reflect the conduct of that prescribed for those people performing under non-personal service contracts.

Schedule of Required 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. In accordance with FAR clause 52.228-5 entitled "Insurance-Work on a Government Installation" the Contractor shall, at its own expense, provide and maintain during the entire performance of the resulting contract, at least the kinds and minimum amounts of insurance required as listed below:

Worker’s Compensation & Employers Liability:

The contractor shall 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 performance period operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of a least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (FAR 28.307-2(a))

Comprehensive General Liability:

$500,000 per accident on occurrence for bodily injury. This insurance shall include contractor’s protective and liability (FAR 28.307-2(b)), and Automobile liability:

(FAR 28.307-2(c)).

Before commencing work under this contract, the contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required coverage shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the state in which this contract is to be performed, or (2) until 30 days after insurer or the contractor gives written notice to the Contracting Officer, whichever period is longer.

The Contractor shall insert the substance of this clause, including this paragraph, in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain insurance required in the schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractor's proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

Statement of Equivalent Hires:

N/A

Department of Labor Wage Determination:

N/A

15B40221Q00000007 Page 11 of 53

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)

52.224-1 Privacy Act Notification (Apr 1984)

52.224-2 Privacy Act (Apr 1984)

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

52.216-18 Ordering (Aug 2020)

(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)

15B40221Q00000007 Page 12 of 53

(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.

(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)

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting

15B40221Q00000007 Page 13 of 53

Officer may exercise the option by written notice to the Contractor within the current performance period [insert the period of time within which the Contracting Officer may exercise the option].

(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)

52.232-19 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)

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).

15B40221Q00000007 Page 14 of 53

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

2. Short-Term Contractor Personnel:

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

a. Favorable review of the security questionnaire form;

b. Favorable fingerprint results;

c. Favorable credit report, if required;5 and

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

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

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

3. Intermittent Contractors:

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

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

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

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

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

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

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

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

Notes:

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

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

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

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

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

[End of Clause]

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…