Ammendment__15B40818Q00000031_0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER

3. EFFECTIVE DATE

10/04/2018

4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

15BFA0CODE

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

Tammie Johnson

(O) 972-352-4535 t8johnson@bop.gov

6. ISSUED BY 15B408CODE

Federal Bureau of Prisons USP Leavenworth

1300 METROPOLITAN AVENUE

LEAVENWORTH, KS 66048

7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NUMBER

15B40818Q00000031

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

10/02/2018

10A. MODIFICATION OF CONTRACT/ORDER

NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning __1__copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

ORDER NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Amendment #1 is to reflect a change in the closing date of Solicitation 15B40818Q00000031 from October 17, 2018 at 12:00 PM CST to October 31, 2018 at 12:00 PM CST. Interested quoters must acknowledge the modification by signing the SF30 in section 15 and submit page 1 of this document with their quote. All other aspects remains the same.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) Tammie Johnson

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

15B40818Q00000031/0001 Page 1 of 35

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 Native American Spiritual Guide

2.3 Special Contract Conditions

3 Contract Clauses 52.216-18 Ordering (Oct 1995) 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) 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 CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE

2004) BOP 2852.237-77 Contractors Classified as Common Law Employees (Nov 2014)

BOP 2852.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR

2011) DJAR-PGD-15-03 Security of Department Information and Systems

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

EXECUTIVE ORDERS—COMMERCIAL ITEMS (AUG 2018)

4 List of Attachments 5 Solicitation Provisions

2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) BOP 2852.237-78 Submission/Evaluation of Quotations/Offers by Individuals (Nov 2014)

BOP 2852.237-71 REQUIREMENTS FOR RELIGIOUS SERVICES (JAN 2005)

52.212-3 Offer Representations and Certifications – Commercial Items (12.301(B)(2)(Aug 2018)

15B40818Q00000031/0001 Page 2 of 35

Section 2 - Commodity or Services Schedule

Provisions of Life Connections Program (LCP) Native American Spiritual Guide in accordance with the Statement of Work.

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Year - estimated maximum. Previous :

1,500.000000

Change: 0.000000

Current :

1,500.000000

SS $____________ $___________________

0002 Option Year One - estimated maximum. Previous :

1,500.000000

Change: 0.000000

Current :

1,500.000000

SS $____________ $___________________

0003 Option Year Two- estimated maximum. Previous :

1,500.000000

Change: 0.000000

Current :

1,500.000000

SS $____________ $___________________

0004 Option Year Three - estimated maximum. Previous :

1,500.000000

Change: 0.000000

Current :

1,500.000000

SS $____________ $___________________

0005 Option Year Four - estimated maximum. Previous :

1,500.000000

Change: 0.000000

Current :

1,500.000000

SS $____________ $___________________

0006 Option period authorized by FAR 52.217-8 - estimated maximum. Previous :

750.000000

Change: 0.000000

SS $____________ $___________________

15B40818Q00000031/0001 Page 3 of 35

Current :

750.000000

2.1 Pricing Methodology

This estimate is not a representation to an offeror or contractor that the estimated quantity will be required or ordered, or that condi-tions affecting requirements will be stable or normal. (FAR 16.503(a)(1) Contract pricing shall include all charges to the Government for providing the services required by the solicitation.

The Government's evaluation shall be inclusive of options. Pursuant of FAR 17.203(b); the quoter may offer varying prices for op-tions, depending on the quantities actually ordered and the dates when ordered. Pursuant of FAR 17.203(d).

2.2 Statement of Work Native American Spiritual Guide

Introduction:

The Federal Bureau of Prisons, Field Acquisition Office in Grand Prairie, Texas intends to make a single award, a firm-fixed unit price indefinite delivery/requirements type contract(s) for the provision of a Native American Spiritual Guide for the United States Penitentiary, (USP) Leavenworth’s Life Connections Program. The con-tractor shall provide inmates guidance to successfully complete the program and a reasonable and equitable op-portunities to pursue religious beliefs and practices.

Description of Duties:

The Native American Spiritual Guide shall be responsible for providing religious instruction and leadership for inmates who are active participants in the BOP Residential Faith-Based Pre-Release Program at USP Leaven-worth. The contractor shall provide Native American services utilizing Life Connection’s material and the top-ics listed below in a correctional setting (Other Native American and / or general religious topics may be ad-dressed as determined by the Supervisory Chaplain and LCP Chaplain).

GENERAL TOPICS FOR NATIVE AMERICAN CONTRACTORS

1. Native American History

2. Morality

3. Beading

4. Worship

5. Ceremonial Dances

6. Medicine

7. Native American Church

8. Spirituality

9. Herbs

10. The Great Spirit

11. Native American Holy Days

12. Spiritism/Animism

13. Prayer

14. The Role of the Family in Native American Life

15. Spiritual Disciplines

16. Faith Based Addiction Recovery

17. Reconciliation

18. Sweat Lodge

These programs shall instruct inmates in the on-site Life Connections Program (LCP). The classes shall consist of religious based instruction on the following topics; how to live with integrity, how to grow spiritually, how to be a spiritual leader, criminal thinking, impact of crime on victims, and any other subjects mutually agreed upon by the contractor, the Supervisory Chaplain and LCP Chaplain. The Instructor will also be responsible to en-courage the inmate’s participation in all aspects of the LCP, i.e. journaling, attendance, discussion, accountabil-ity groups, service projects and victim impact discussion.

15B40818Q00000031/0001 Page 4 of 35

These programs provide inmates with intensive opportunities for spiritual growth and deepening their religious roots by sharing common space and programs for the purpose of personal transformation and reducing recidiv-ism. Inmates will participate in religion specific and inter-faith program components designed to bring restora-tion with God, family, community, and self. The program’s design will increase religious understanding and re-spect among inmates of various faiths; will connect each inmate with a spiritual mentor; and will link parti-cipants with a faith community at their release destination in order to enhance community reintegration. Anoth-er component of the program will initiate specific Victim Impact programs to assist inmates in claiming re-sponsibility for their actions and making amends with victims, family, and community.

The program will enlist partnerships with individuals and organizations in its efforts to lower recidivism and fa-cilitate spiritual growth and personal change. Volunteers, contractors, mentors, sponsoring religious congrega-tions and organizations are all essential partners in the program.

Selected contractor will need to be proficient in the use of computers (Word, Excel, Internet, etc.) as this is an essential part of their duties as a Native American Spiritual Guide.

Selected contractor will assist the LCP Chaplain with the implementation of any other Native American based and / or general religious instruction/duties that is deemed necessary by the LCP Chaplain and Supervisory Chaplain for the benefit of the program.

The goal of the BOP Residential Faith-based Pre-release Program is to provide inmates living in a shared living space with intensive opportunities for holistic life restoration for the purpose of reducing recidivism and enhan-cing prison management.

Method of Instruction:

Selected contractor will provide religious instruction based on their own expertise as it relates to the core cur-riculum materials. The contractor will work closely with the Life Connections Chaplain, and other program staff to assist in the development of the program and to gauge the progress of individual participants. Consulta-tions will be held with the Supervisory Chaplain and Life Connections Chaplain as needed. Although the in-struction will follow the tenants of Native American teaching, the contractor will also work with participants who follow other religions. The contractor will analyze the effectiveness of each class taught in the LCP and suggest workable methods of improving them. The contractor will also serve as a source for addressing faith specific (Native American) issues within LCP.

Management:

The contractor will be monitored by the Supervisory Chaplain and Life Connections Chaplain. The contractor shall attend all training required by the BOP for contract workers. The contractor will not be permitted to attend institution meetings, staff recalls, or government training sessions for institution staff on contract time or as a consideration of the contract. The contractor may attend team meetings, departmental meetings, or other meet-ings relating to the involvement of the services to be provided by terms of the contract. Some meetings and training will be required and accomplished on contract time.

The successful contractor will be required to follow any and all applicable guidelines for the services to be provided. He/she will also maintain accountability of all Government furnished materials, supplies, and equip-ment. The contractor will sign the provided log or sign-in sheet as documentation for sessions worked and for security purposes. The contractor will possess the knowledge and expertise necessary to work with minimum supervision.

Placement of Performance:

The services to be provided will be accomplished at:

USP Leavenworth (Chaplaincy Department) 1300 Metropolitan Avenue Leavenworth, KS 66048

Supplies:

15B40818Q00000031/0001 Page 5 of 35

All supplies the contractor may routinely need will be provided by the institution. These supplies will normally include any materials needed to perform the services covered under this contract.

The contractor performing these services at USP Leavenworth shall wear professional clothing in accordance with the dress policy of the institution.

Education and Experience

The contractor shall possess, at a minimum, a Bachelor’s Degree from an accredited college or university, with a major in some form of religious studies or a field that would assist in the implementation of the Life Connec-tions Program’s overall mission.

The contractor shall possess a letter of endorsement from their Native American tribe/organization etc. recog-nizing them as a spiritual leader and two letters of reference from individuals who are aware of Native Americ-an Spiritual Guide’s performance. Ordination certificate or equivalent from a Native American recognized or-ganization.

The contractor shall have a minimum of three years of documented and continuous experience as a leader with-in the Native American community.

Inmate Management

Provision of services under this contract will require frequent, unsupervised contact with inmates. The contract-or will not be responsible for the management of inmates other than to ensure that those inmates involved in activities within the contractor’s scope of services shall abide by all rules in effect to ensure their safety and well-being. He/she is to be constantly 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 USP Leavenworth. The contractor will be required to provide documentation to the Contracting Officer Representative (COR), or designee, any infractions of institutional rules and regulations by inmates for proper action. The contractor will familiarize himself/herself with the BOP relevant policies (i.e. Religious Services manual, Key Control, etc.) rules and regulations and agree to abide.

Institution Security

The contractor agrees to adhere to all regulations prescribed by the institution in regards to safety, custody, and conduct of inmates. The successful contractor must attend an initial Institution Familiarization Training and an annual Institution Familiarization Training as required by BOP policy. The BOP requires all non-employees to sign in and out of the institution for security reasons. Additionally, the contractor will be required to wear an ID badge, provided by the Government, at all times within the confines of the institution. The contractor shall sub-mit to a background investigation and drug testing and attend an orientation program prior to assuming duties within the institution. Reimbursement to the contractor for time spent in security/orientation related training will be at the contract rate, prorated hourly. The contractor providing services within the confines of the designated institution shall have a complete background investigation conducted in accordance with the BOP Program Statement 3000.03, as designated in the Personnel Manual.

By submitting a quotation, the quoter agrees to complete the required documents and undergo security proced-ures. A contractor who does not pass the security clearance will be unable to perform services under this con-tract. The final determination and completion of the security investigation procedures will be made at the sole discretion of the institution. All persons are advised that a urinalysis test for the detection of illegal drugs usage shall be performed. Any contractor testing positive shall be disqualified from performing under the resulting contract. Any contractor deemed not suitable by the BOP requirements will not be granted access to perform services under the contract; this is a condition of the contract.

Schedule

A session is defined as one hour. The contractor will normally provide six sessions per day up to 30 sessions each week of religious instruction and counseling in conjunction with the core curriculum topics of the Resid-ential Faith-Based Program. There is an estimated 1,500 sessions per year. Work hours will normally be between the hours of 8:00 am to 3:00 pm Monday thru Friday, excluding Federal Holidays. The schedule may include evening hours based on program needs. A mutually agreed upon schedule shall be determined after contract award.

15B40818Q00000031/0001 Page 6 of 35

Due to the nature of the correctional setting, delays in performance of work may be experienced. Such delays may include but are not limited to inclement weather, electrical or mechanical problems, or other security mat-ters. When contract employees report to the institution but are unable to perform services due to such delays, the contractor will be paid for one session. Normally, any remaining sessions for that day will be suspended and the contractor will be free to leave and the contractor will not be paid for the remaining unperformed sessions.

However, if the institution requests that the contractor remain at the institution for eventual performance, the contractor shall be paid for such sessions. In the event of any absence, the contractor may make up his/her time so long as it does not exceed 30 hours in any given week.

2.3 Special Contract Conditions

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 by January 1, 2019 and the ef-fective date of March 1, 2019.

The resulting contract will include a base year period from the Effective Date of Award (EDOA) through 12 months from the EDOA, four (4) possible 12-month option periods for renewal at the unilateral discretion of the Government, and one (1) 6 month extension in accordance to FAR 52.217-8 “Option to Extend Services”. Quoters are advised that the Government has the unilateral right to exer-cise 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."

Base Year : Effective Date of Award (DOA) through 12 months Option Year One: 13 months from effective DOA through 24 months Option Year Two: 25 months from effective DOA through 36 months Option Year Three: 37 months from effective DOA through 48 months Option Year Four: 49 months from effective DOA through 60 months Option Period Authorized by FAR 52.217-8: 60 months from Effective DOA through 66 months.

Place Of Performance: The place of performance is USP Leavenworth 1300 Metropolitan Ave. Leavenworth, Kansas.

Point of Acceptance: The point of acceptance is USP Leavenworth

The service is a contractual arrangement for and not a personnel appointment. Payment is based on the provision of an end product or the accomplishment of a specific result. The service does not constitute an employer/employee relationship. The contractor will not be subject to Government supervision, except for security related matters. However, contractor performance shall be monitored.

Reviews. The Contracting Officer or designee is authorized to review by on-site survey, review of records, or by any other reasonable manner, the quality of services rendered under this contract. All records shall be subject to review by the Contracting Officer or Con-tracting Officer Representative (COR).

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 pur-chase agreement is reserved to the Contracting Officer. This responsibility may be delegated to an Administrative Contracting Officer by the Contracting Officer.

The Administrative Contracting Office ACO will be the USP Leavenworth Contracting Office in Leavenworth, Kansas; At-tn: Contract Specialist. This assignment carries with it the authority to perform all of the normal contract administration functions lis-ted in FAR 53.302(IA) as items 1 through 71 to the extent that those functions apply to this contract. This assignment also includes delegation of authority to perform those negotiation functions as specified in FAR 42.302(b) as item (1) through (11).

Authorized Ordering Officials: Delivery Orders/Task Orders may be issued by any properly warranted Bureau Contracting Officer located at USP Leavenworth. Delivery Orders/Task Orders may be issued by any of the following methods: orally, facsimile, mail, or electronic commerce methods.

The employees of the contractor entering the institution may be required to meet certain security requirements prior to entering the in-stitution. Primary concerns are the amount of contact that may occur between the contractor and his/her employees with the inmate

15B40818Q00000031/0001 Page 7 of 35 population during the performance of the contract. Contract employees are allowed access to the institution at the sole discretion of the CEO of the institution. The program manager at USP Leavenworth is responsible for conducting the appropriate law enforcement check on all contractor staff that may need access inside the prison facility. The following investigative procedure will be performed:

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;

6) Resume/Personal Qualifications;

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

8) National Agency Check and Inquiries (NACI) check (if applicable); and

9) Urinalysis Test (for the detection of marijuana and other drug usage).

Quoters should also note that BPA clause 52.24-403-70, Notice of Contractor Personnel Security Requirements (Oct 2005) requires that contractor personnel have a “favorable credit report.” Quoters are strongly encouraged to pre-screen potential candidates for credit issues before submitting the candidate to USP Leavenworth.

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

Section 3 - Contract Clauses

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) 52.232-18 Availability Of Funds (Apr 1984)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Dec 2013)

Clauses By Full Text

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 the the 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

15B40818Q00000031/0001 Page 8 of 35 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 1 session, 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 1500 sessions;

(2) Any order for a combination of items in excess of 1500 sessions; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in para-graph (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 Regula-tion (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 limita-tions 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 con-tract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified un-der 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 Con-tractor 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 Con-tractor shall not be required to make any deliveries under this contract after the last day of the contract 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 Of-ficer may exercise the option by written notice to the Contractor within prior to the last day of the current performance period.

15B40818Q00000031/0001 Page 9 of 35

(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 the last day 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 years and 6 months (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 30th. The Government's obligation for per-formance 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 30th, 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 con-tractor 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 Se-curity 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 is-sued 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 re-quirements for short-term contractors are:

a. Favorable review of the security questionnaire form;

15B40818Q00000031/0001 Page 10 of 35

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 commen-surate 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 is-suance. 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 ex-ample, 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 ac-cess.

c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contract-or, 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 investiga-tion, 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]

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 haz-ardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other materi-al or working condition designated by the Contracting Officer's Technical Representative (COTR) as potentially hazardous and requir-ing 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 pres-ence of, or suspected presence of, any unsafe condition including asbestos or other hazardous materials or working conditions in areas in which they will be working.

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

(e) When the Government receives notice of an unsafe condition from the contractor, the parties will agree on a course of action to mitigate the effects of that condition and, if necessary, the contract will be amended. Failure to agree on a course of action will consti-

15B40818Q00000031/0001 Page 11 of 35 tute a dispute under the Disputes clause of this contract.

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

(End of Clause)

52.21-603-70 Contracting Officer's Representative (COR) (June 2012)

(a)Lonnie Sutton ,Chaplain , USP Leavenworth,913-682-8700 Ext. 1172, is hereby designated as the Contracting Officer's Represent-ative (COR) under this contract.

(b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provide hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the con-tractor effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contrac-tual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

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

For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commit-ment, individuals or contractor employees providing services must have:

1. Legally resided in the United States (U.S.);

2. worked for the U.S. overseas in a Federal or military capacity; or

3. been a dependent of a Federal or military employee serving overseas.

If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current inform-ation regarding allied countries: http://www.opm.gov/employ/html/citizen.htm By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.

[End of Clause]

BOP 2852.237-77 Contractors Classified as Common Law Employees (Nov 2014)

(a) When award is made to an individual other than a corporation, the provision of these services is considered to create a common law employment relationship. Therefore, the Bureau is responsible for the payment of FICA taxes and the withholding of the individual contractor’s taxes.

(b) An award made to an individual resulting from this solicitation is not subject to FAR 52.212-4(i), Prompt Payment Act.

(c) Upon contract award, the following forms shall be completed by the individual awardee:

• Direct Deposit (SF-1199A)

• Federal/State/City/County Tax forms (as applicable)

• Employee Locator Form (DOJ-233)

• Race and National Origin Identification (SF-181)

• Self-Identification of Handicap (SF-256)

• Employment Eligibility Verification (I-9)

(d) Despite an individual contractor’s status as a common law employee, the contractor is not entitled to other aspects of employment with the Bureau such as the filing of Equal Employment Opportunity claims, tort claims, etc.

[End of Clause]

BOP 2852.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR 2011)

The services, although not directly supervised, shall be reviewed by Federal Bureau of Prisons (BOP) staff to ensure contract compli-ance. The contractor's performance will be evaluated in accordance with FAR 42.15. Contract monitoring reports will be prepared by the Contacting Officer's Representative (COR) and maintained in the contract file.

15B40818Q00000031/0001 Page 12 of 35

In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit it to the Past Performance Information Retrieval System (PPIRS). The BOP utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to provide contractor performance evaluations. The contractor shall provide and maintain a current e-mail address throughout the life of the contract. The contractor will receive an e-mail from the Focal Point thru the following website address webptsmh@navy.milwhen the contract is registered in CPARS. The e-mail will contain a "user ID" and temporary password to register in the CPARS system. The contractor must be registered to access and review its evaluation and/or provide a response. If assistance is required when registering, please contact the Contracting Staff/Focal Point.

(End of Clause)

DJAR-PGD-15-03 Security of Department Information and Systems

I. Applicability to Contractors and Subcontractors

This clause applies to all contractors and subcontractors, including cloud service providers (“CSPs”), and personnel of contractors, subcontractors, and CSPs (hereinafter collectively, “Contractor”) that may access, collect, store, process, maintain, use, share, retrieve, disseminate, transmit, or dispose of DOJ Information. It establishes and implements specific DOJ requirements applicable to this Con-tract. The requirements established herein are in addition to those required by the Federal Acquisition Regulation (“FAR”), including FAR 11.002(g) and 52.239-1, the Privacy Act of 1974, and any other applicable laws, mandates, Procurement Guidance Documents, and Executive Orders pertaining to the development and operation of Information Systems and the protection of Government Informa-tion. This clause does not alter or diminish any existing rights, obligation or liability under any other civil and/or criminal law, rule, regulation or mandate.

II. General Definitions

The following general definitions apply to this clause. Specific definitions also apply as set forth in other paragraphs.

A. Information means any communication or representation of knowledge such as facts, data, or opinions, in any form or me-dium, including textual, numerical, graphic, cartographic, narrative, or audiovisual. Information includes information in an electronic format that allows it be stored, retrieved or transmitted, also referred to as “data,” and “personally identifiable information” (“PII”), re-gardless of form.

B. Personally Identifiable Information (or PII) means any information about an individual maintained by an agency, includ-ing, but not limited to, information related to education, financial transactions, medical history, and criminal or employment history and information, which can be used to distinguish or trace an individual's identity, such as his or her name, social security number, date and place of birth, mother's maiden name, biometric records, etc., including any other personal information which is linked or linkable to an individual.

C. DOJ Information means any Information that is owned, produced, controlled, protected by, or otherwise within the custody or responsibility of the DOJ, including, without limitation, Information related to DOJ programs or personnel. It includes, without lim-itation, Information (1) provided by or generated for the DOJ, (2) managed or acquired by Contractor for the DOJ in connection with the performance of the contract, and/or (3) acquired in order to perform the contract.

D. Information System means any resources, or set of resources organized for accessing, collecting, storing, processing, main-taining, using, sharing, retrieving, disseminating, transmitting, or disposing of (hereinafter collectively, “processing, storing, or trans-mitting”) Information.

E. Covered Information System means any information system used for, involved with, or allowing, the processing, storing, or transmitting of DOJ Information.

III. Confidentiality and Non-disclosure of DOJ Information

A. Preliminary and final deliverables and all associated working papers and material generated by Contractor containing DOJ Information are the property of the U.S. Government and must be submitted to the Contracting Officer (“CO”) or the CO’s Represent-ative (“COR”) at the conclusion of the contract. The U.S. Government has unlimited data rights to all such deliverables and associated working papers and materials in accordance with FAR 52.227-14.

B. All documents produced in the performance of this contract containing DOJ Information are the property of the U.S. Gov-ernment and Contractor shall neither reproduce nor release to any third-party at any time, including during or at expiration or termina-tion of the contract without the prior written permission of the CO.

C. Any DOJ information made available to Contractor under this contract shall be used only for the purpose of performance of

15B40818Q00000031/0001 Page 13 of 35 this contract and shall not be divulged or made known in any manner to any persons except as may be necessary in the performance of this contract. In performance of this contract, Contractor assumes responsibility for the protection of the confidentiality of any and all DOJ Information processed, stored, or transmitted by the Contractor.