15B41320Q00000012 - Solicitation Packet.pdf

SOLICITATION NO. 15B41320Q00000012

VT Dog Training FCI Sandstone

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF PRISONS

Sandstone, MN 55072

ISSUE DATE: April 13, 2020

OFFER DUE DATE: May 04, 2020, by 12:00 P.M. CENTRAL

OFFERS SHALL BE ADDRESSED TO:

P.O. Box 999

Sandstone, MN 5072 ATTN: Brian Wendorff

INSTRUCTIONS TO OFFERORS

OFFER SUBMISSION PROCEDURES

SOLICITATION/REQUEST FOR QUOTATIONS

15B41320Q00000012

TITLE: FCI Sandstone VT Dog Training

DEADLINE FOR May 04, 2020

RECEIPT OF OFFERS: 12:00 P.M. CENTRAL

MAIL OFFERS TO:

FCI Sandstone P.O. Box 999 Sandstone, MN 55072 ATTN: Brian Wendorff, SUPERVISORY CONTRACT SPECIALIST

(320) 245-6205

***********************************IMPORTANT**********************************

CONTRACTORS MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM) AT

WWW.SAM.GOV.

I. Each offeror SHALL complete and submit the following forms, clauses, and statements with his/her offer.

Failure to furnish all required information or any rejection of or addition to the terms and conditions of the solicitation may cause your offer to be considered as non-responsive and ineligible for award.

*SUBMIT PAGES 1 and 4 OF THE SOLICITATION DOCUMENT*

A. SECTION 1:

Standard Form-1449 – Solicitation, Offer, and Award, pages 1 & 4

Complete blocks 30a, 30b, and 30c (remember to include the signer’s title in block 30b). Ensure the address typed in block 17a matches the address in your SAM registration.

Include duns#, tax id#, CAGE code, and email address where indicated in block 20.

B. SECTION 2:

Complete the unit price (SS = session) and Amount blocks.

NOTE: complete Total amount for Performance Period 1-5.

*SUBMIT PAGES 1 and 4 OF THE SOLICITATION DOCUMENT*

Any questions relating to the solicitation shall be submitted to Brian Wendorff, Supervisory Contract Specialist, via email at bwendorff@bop.gov no later than April 24, 2020 at 2:00 p.m. local time. In order to provide sufficient response time prior to the quotation due date, the Government is establishing the above cut-off date for questions about the solicitation. All offerors shall offer in accordance with the current solicitation to include all amendments (if any) as issued by the Contracting Officer only.

III. Each offeror is requested to submit the following information in accordance with the instructions:

A. The preferred method of submission is e-mail. Quotations shall be submitted to bwendorff@bop.gov by 1200 local time on 05/04/2020.

B. Offer Label (see template below)

1. This label shall be completed and used on the envelope containing the offer. This envelope shall be placed inside of shipping boxes or envelopes supplied by couriers such as FedEx. Complete the information on the label and cut and paste or transfer it to the LOWER left corner of the envelope containing your offer (not on the courier envelope/packaging). Print or type your name and address in the UPPER left corner of the envelope containing your offer.

*Double check all amendments (if issued) for any offer due date extension and enter accordingly on label*

Quote/OFFER

SOLICITATION NO.

15B41320Q00000012

05/04/2020 FOR RECEIPT OF QUOTES/OFFERS

1200 FOR RECEIPT OF Quotes/OFFERS

OFFICE DESIGNATED TO RECEIVE BIDS/OFFERS

Federal Bureau of Prisons FCI Sandstone, P.O. Box 999, Sandstone, MN 55072

CONTRACTING OFFICER NAME

Brian Wendorff

15B41320Q00000012 Page 1 of 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

15B41320Q00000012

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

04/13/2020

7. FOR SOLICITATION

INFORMATION CALL:

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

TIME

05/04/2020 12:00:00

CODE 15B413

Federal Bureau of Prisons FCI Sandstone 2300 County Rd. 29 Attn: Business Office Sandstone, MN 55072

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: 611519

SIZE STANDARD: $25,000,000

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

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

BSSTCODE15. DELIVER TO

Federal Bureau of Prisons FCI Sandstone 2300 County Rd. 29 Attn: Business Office Sandstone, MN 55072

CODE BSST16. ADMINISTERED BY

Federal Bureau of Prisons FCI Sandstone 2300 County Rd. 29 Attn: Business Office Sandstone, MN 55072

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

BSSTCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCI Sandstone

PO BOX 999

Sandstone, MN 55072

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 Psychiatry services for FCI Sandstone, MN.

RP#0110-20

DUNS:______________________________

Tax ID:______________________________

CAGE Code:_________________________ e-mail address:_______________________

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

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 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)

Brian Wendorff

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

15B41320Q00000012 Page 2 of 30

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

15B41320Q00000012 Page 3 of 30

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

3 Contract Clauses 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

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

2004) DJAR-PGD-15-03 Security of Department Information and Systems 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) 52.252-6 Authorized Deviations in Clauses (Apr 1984)

4 List of Attachments

4.1 Special Contract Conditions

5 Solicitation Provisions 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Dec 2019)

5.1 Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items (Feb 2012) 52.204-8 Annual Representations and Certifications (Mar 2020) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.207-1 Notice Of Standard Competition (May 2006) 52.252-5 Authorized Deviations in Provisions (Apr 1984) BOP 2852.237-78 Submission/Evaluation of Quotations/Offers by Individuals (Nov 2014)

15B41320Q00000012 Page 4 of 30

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE FEES AMOUNT

0001 Firm Fixed Price

BASE YEAR: Effective date of award (EDOA) through 12 Months from EDOA (estimated maximum) Provide Dog Training Program Services for FCI Sandstone (estimated 104 sessions per year).

PSC: U008

104.000000 SS $___________ $_________ $___________

0002 Firm Fixed Price

OPTION YEAR ONE: 13 months from EDOA through 24 Months from EDOA (estimated maximum) Provide Dog Training Program Services for FCI Sandstone (estimated 104 sessions per year).

PSC: U008

104.000000 SS $___________ $_________ $___________

0003 Firm Fixed Price

OPTION YEAR TWO: 25 months from EDOA through 36 Months from EDOA (estimated maximum) Provide Dog Training Program Services for FCI Sandstone (estimated 104 sessions per year).

PSC: U008

104.000000 SS $___________ $_________ $___________

0004 Firm Fixed Price

OPTION YEAR THREE: 37 months from EDOA through 48 Months from EDOA (estimated maximum) Provide Dog Training Program Services for FCI Sandstone (estimated 104 sessions per year).

PSC: U008

104.000000 SS $___________ $_________ $___________

0005 Firm Fixed Price

OPTION YEAR FOUR: 49 months from EDOA through 60 Months from EDOA (estimated maximum) Provide Dog Training Program Services for FCI Sandstone (estimated 104 sessions per year).

PSC: U008

104.000000 SS $___________ $_________ $___________

2.1 Pricing Methodology

Total amount for Performance Period 1-5 $______________________________

PRICING METHODOLOGY

The duration of the contract will be up to five years (if performance periods are exercised).

15B41320Q00000012 Page 5 of 30

Please complete the above information when preparing your quote for the base period and options years. Any resulting blanket purchase agreement will be an indefinite delivery/requirements contract. As such, quantities listed are estimates only and are not a representation to an offeror or contractor that the estimated quantities will be required or ordered or that conditions affecting requirements will be stable or normal (FAR 16.503(a)(1)). Quotes will be evaluated for award based solely upon price.

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

NOTE: Award shall be made to the responsive/responsible offeror(s) submitting the lowest TOTAL OFFERED AMOUNT AND PAST PERFORMANCE. Rate of remuneration will be based on a per session rate. This price will include all overhead, profit, administrative costs, etc., being charged by the Contractor.

2.2 Statement of Work

STATEMENT OF WORK/SPECIFICATIONS FOR DOG TRAINING PROGRAM

GENERAL INFORMATION:

The Federal Bureau of Prisons (BOP), Federal Correctional Institute (FCI) Sandstone, Sandstone, MN intends to make a single award of an indefinite delivery/requirements type contract with firm fixed prices to a responsible post-secondary, vocational training or industry-based school for the provision of a Vocational Dog Training Program in the area of Dog Trainer Certificate for male offenders at the Federal Correctional Institution (FCI) Sandstone, located in Sandstone, Minnesota. General Information regarding the Federal Bureau of Prisons (BOP), its facilities, and referenced Program Statements can be located atwww.bop.gov.

The course is a twelve (12) month certificate program for qualified inmates. The type of services will include, but are not limited to: course planning and lesson preparation, classroom instruction in the specialized area of dog obedience, street certification skills, grooming and husbandry skills, and other specialized areas to receive animal trainer certificate. The contractor will supply FCI Sandstone with an instructor and a minimum of ten (10) quality puppies of known lineage and two (2) "finishing" dogs of known lineage within thirty (30) days of the contract award. Upon completion of the program, the contractor is responsible for placement of the dogs back into the community. The contractor will also be responsible for providing all medicine and medical attention. The contractor is responsible for establishing an agreement with a local veterinarian. The provision of all training equipment (wheelchairs, door plus, weights, etc.) associated with the upkeep of the dogs and all record keeping associated with the program is the responsibility of the contractor. Each class size will not exceed 24 students.

PLACE OF PERFORMANCE

Training Program will be taught at the Federal Correctional Institution in Sandstone, Minnesota.

PROGRAM SPECIFICATIONS

15B41320Q00000012 Page 6 of 30

The contract must be between FCI Sandstone and [post-secondary institution. vocational training school or industry-based school]. The program is required to be from an accredited school or the Instructor accredited/certified by an accredited school or institution. The instructor(s) must also have successfully completed a certificate program in Dog Obedience Training Program. The contractor will provide a copy of all diplomas and/or certificates to support stated qualifications.

The curriculum, lesson plans and routine organizations of the program will be the responsibility of the contracted instructor. In addition, the instructors will be responsible for initiating communication with the SOE.

The course program will have an enrollment that will not exceed 24 eligible students.

The contractor will work jointly with the Bureau of Prisons (BOP) staff in the retention of and recommendations for the continued participation of students for the program. The contractor will provide the program curriculum to the SOE prior to the start of the program.

Curriculum topics should include, but are not limited to the following: Introduction to dog obedience, general safety, knowledge and proper training techniques, dog obedience skills, dog obedience commands, dog obedience occupations, dog safety, grooming, health care, and basic communication skills.

The determination of successful completion will be the sole determination of the Dog Obedience Instructor based on the fulfillment of classroom assignments and projects, a demonstration of the proficiency in al I related skills and completion of a minimum number of hours of on-the-job training o as practical lab experience.

SUPPLIES AND EQUIPMENT

The institution will provide classroom space utilities, boarding space, outside kennels, cleaning supplies, textbooks, pencils and paper. The institution will also provide access to a telephone, photocopy machine, fax and miscellaneous office supplies and equipment necessary to complete the Program Specifications. Photocopies will be provided for the contractor; however the instructors will be required to make their own copies as part of the lesson preparation.

Furthermore, only those materials which do not violate Federal copyright laws may be reproduced. If special equipment is required by the contractor, a request in writing should be submitted to the Supervisor of Education.

SCHEDULE

It is estimated the contractor will conduct two (2) session per week. Each session is defined as one (1) hours in length. This estimate is not a representation to an offer of contractor that the estimated quantity will be required or ordered, or conditions affecting requirements will be stable or normal. The SOE will agree to exact hours of instruction. The Government anticipates the following schedule (Schedule is subject to change with the needs of the Government):

1. The SOE plans to schedule two (2) session per day, one (1) day per week between the hours of 12:00pm and 2:00pmMonday-Friday, excluding all federal holidays. The day will be determined by the SOE.

15B41320Q00000012 Page 7 of 30

2. In the event of any absence of the instructor, the contractor shall provide replacement coverage. If the contractor fails to provide coverage, the Government may seek contractual remedy.

3. Due to the nature of the correctional setting, delays in performance of work may be expected. Such delays include, but are not limited to inclement weather, electrical or mechanical problems, or other security matters. In the event of an institutional emergency, classes maybe delayed or canceled as necessary.

INMATE MANAGEMENT

Provision of services under this contract will require frequent, unsupervised contact with inmates. The contractor is to be constantly aware of the security issues and maintain a professional relationship with the inmates at all times. Any violations of institution rules or regulations are to be brought immediately to the attention of an appointed Government employee in order for prompt, proper action. There will be an open line of communication between the contractor, SOE and Unit Management staff to ensure that the students who are enrolled in the program are satisfactorily participating in the program. The contractor will not be responsible for the management of the inmates other than to ensure that those inmates involved in activities within the contractor's scope of services shall abide by all the rules in effect to insure their safety and well-being. The instructor may be asked to provide documentation to the SOE in regard to any infractions of the institution regulations on the part of the inmate. The accountability and supervision of inmates will be the sole responsibility of the BOP staff.

The contractor must agree to adhere to all regulations prescribed by FCI Sandstone for the safety, custody, and conduct of inmates. The custody of federal inmates remains a primary responsibility of this facility. The provision of services under this contract will require frequent and unsupervised contact with inmates. The Contractor will not be responsible for the management of inmates except to ensure that those inmates involved in activities within the contractors scope of work shall abide by all rules, in effect, to ensure the safety and wellbeing of all participants. The contractor will report any infractions of rules and regulations by any inmate to the SOE or Correctional Services staff.

INSTITUTION SECURITY

The contractor shall adhere to all federal, state and local laws and regulations in effect during the term of this contract. Contract staff should adhere to all policies and procedures prescribed by the BOP relating to the safety, custody, and conduct of inmates. The contractor will be provided an orientation class by a member of the FCI staff to assure that he/she understands the institutional policies and procedures. An identification card (contractor pass) will be issued and worn inside the institution for proper identification. The contractor will be required to sign in and out of the institution for accountability purposes. The contractor must attend an orientation/ security program provided by the institution prior to assuming any institutional involvement.

Primary concerns are the nature and amount of contact that may occur between the contractor and the contractor's employees, and the inmate population during the performance of the contract. The Human Resources Department will establish a security file that will be maintained

15B41320Q00000012 Page 8 of 30 on each contractor and their employees from the beginning of work until the termination of employment. The following information will be maintained:

1. National Crime Information Center check (NCIC)

1. DOJ-99 (Name Check)

2. FD-99 (Fingerprint check)

3. Law Enforcement Agency checks

4. Vouchering of Employers for past five years

5. SF-171 (Personnel Qualifications Statement)

6. OPM-329-A (Authority for Release of Information)

Each prospective contractor is advised that a urinalysis is required (for detection of drug usage) before the contract is awarded. The contractor will be required to participate in an orientation session for contractors provided by the Federal Correctional Institution, Sandstone, Minnesota.

All contractors will also be required to complete an annual refresher training course. Any individual deemed not suitable by Bureau of Prisons requirements will not be granted access to work within the confines of the perimeter security. This is a condition of the contract.

NONPERSONAL POSITION

This is a contractual agreement and not a Civil Service Appointment. As specified in FAR

37.101 A Non-personal Service Contract. The Government may evaluate the quality and the professional and administrative service provided but retains no control over the professional aspect covered. The contractor is required to indemnify the Government for any liability producing act or omission by the contractor, its employees and agents occurring during contract performance. These services, although not directly supervised, will be under the administrative review of the Supervisor of Education.

The SOE will periodically evaluate the contractor's performance of the contract. In this evaluation, the performance of the individual will be evaluated. If the performance of an individual contract instructor is deemed unacceptable, the contractor will be responsible for immediately replacing the contract instructor.

All contracted personal providing services within the confines of the FCI shall have a completed background investigation conducted in accordance with BOP Program statement

3000.002 "Personal Manual" See also section "Institution Security" of this solicitation/contract.

Due to the sensitive nature of the correctional environment, trainers are expected to 1) be prompt in reporting to work in order to support the inmate accountability policy 2) adhere to the Privacy Act of 1974 and Freedom of Information Act.

All trainers are required to submit a resume which must include a complete work history.

MISCELLANEOUS INFORMATION:

Contractor Restrictions, the contractor will not: Supervise BOP Staff, participate in inmate accountability, formulate policies or procedures, attend recalls or staff functions, or be a member of the Employees' Club.

15B41320Q00000012 Page 9 of 30

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

PAYMENT TERMS:

In order to ensure proper preparation of payment, all contact hours must be documented by the contractor, showing all the contact hours during each visit. Documentation will be provided on a ''FCI Sandstone - Education Contract Employee Timesheet" form with each entry being signed by the Contractor and witnessed by BOP staff.

Contractor must provide a means of electronic payment to include bank routing and account number.

The contractor shall provide a monthly billing statement to the Federal Correctional Complex Accounting department which accurately reflects contact hours with days worked, number of session and the total amount due for the previous month's services. Payment terms as specified in FAR 52.2 l 2-4(g), the due date for making an invoice payment by the designated payment office shall be the 30th day after the designated payment office shall be the 30th day after the designated billing office has received a proper invoice, or the government accepts the services performed by the contractor.

Performance Period

Contract Periods of Performance shall be as follows:

Base Year: Effective Date of Award (EDOA) through 12 months from EDOA Option Year 1: Month 13 through 24 months from EDOA Option Year 2: Month 25 through 36 months from EDOA Option Year 3: Month 37 through 48 months from EDOA Option Year 4: Month 49 through 60 months from EDOA

15B41320Q00000012 Page 10 of 30

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)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(Oct 2018)

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

52.204-19 Incorporation by Reference of Representations and Certifications (Dec

2014)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities

(Jul 2018)

52.209-6 Protecting the Government's Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (Oct

2015)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015)

52.216-18 Ordering (Oct 1995) (a)From Date: "1st day of the current performance period"

(a)To Date: "the last day of the current performance period"

15B41320Q00000012 Page 11 of 30

Clause Title Fill-ins (if applicable)

52.216-19 Order Limitations (Oct 1995) (a): "1 unit"

(b)(1): "the estimated quantities identified in the schedule of items within the current performance period"

(b)(2): "the estimated quantities identified in teh schedule of items within the current erformance period"

(b)(3): "30 "

(d): "5"

52.216-21 Requirements (Oct 1995) (f): "the last day of the performance period"

52.216-22 Indefinite Quantity (Oct 1995) (d): "the last day of the performance period"

52.219-28 Post-Award Small Business Program Rerepresentation (Mar 2020)

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

52.222-3 Convict Labor (June 2003)

52.222-21 Prohibition of Segregated Facilities (Apr 2015)

52.222-26 Equal Opportunity (Sept 2016)

52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014)

52.222-50 Combating Trafficking in Persons (Jan 2019)

52.222-41 Service Contract Labor Standards (Aug 2018)

52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015)

52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017)

52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and

Construction Contracts (Aug 2018)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

(Aug 2011)

52.224-3 Privacy Training (Jan 2017)

52.225-1 Buy American-Supplies (May 2014)

52.232-1 Payments (Apr 1984)

15B41320Q00000012 Page 12 of 30

Clause Title Fill-ins (if applicable)

52.232-8 Discounts For Prompt Payment (Feb 2002)

52.232-11 Extras (Apr 1984)

52.232-23 Assignment of Claims (May 2014)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Dec 2013)

52.233-1 Disputes (May 2014)

52.233-3 Protest after Award (Aug 1996)

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

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr

1984)

52.249-4 Termination for Convenience of the Government (Services) (Short

Form) (Apr 1984)

Clauses By Full Text

2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996)

(a) "Unsafe condition" as used in this clause means the actual or potential exposure of contractor or Government employees to a hazardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other material or working condition designated by the Contracting Officer's Technical Representative (COTR) as potentially hazardous and requiring safety controls.

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

(c) Prior to commencement of work, contractors are required to inspect for and report to the contracting officer or designee the presence of, or suspected presence of, any unsafe condition including asbestos or other hazardous materials or working conditions in areas in which they will be working.

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

(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 constitute 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)

52.24-403-70 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:

15B41320Q00000012 Page 13 of 30

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

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

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

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

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

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

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

1) Favorable review of the security questionnaire form;

2) Favorable fingerprint results;

3) Favorable credit report, if required;3

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

and

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

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

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

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

2. Short-Term Contractor Personnel:

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

a. Favorable review of the security questionnaire form;

b. Favorable fingerprint results;

c. Favorable credit report, if required;5 and

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

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

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

3. Intermittent Contractors:

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

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

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.

15B41320Q00000012 Page 14 of 30

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]

52.27-103-72 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 commitment, 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 information 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]

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 Contract. 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 Information. 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 medium, 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”), regardless of form.

B. Personally Identifiable Information (or PII) means any information about an individual maintained by an agency, including, 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.

15B41320Q00000012 Page 15 of 30

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 limitation, 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, maintaining, using, sharing, retrieving, disseminating, transmitting, or disposing of (hereinafter collectively, “processing, storing, or transmitting”) 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 Representative (“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.

Government and Contractor shall neither reproduce nor release to any third-party at any time, including during or at expiration or termination 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 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. When requested by the CO (typically no more than annually), Contractor shall provide a report to the CO identifying, to the best of Contractor’s knowledge and belief, the type, amount, and level of sensitivity of the DOJ Information processed, stored, or transmitted under the Contract, including an estimate of the number of individuals for whom PII has been processed, stored or transmitted under the Contract and whether such information includes social security numbers (in whole or in part).

IV. Compliance with Information Technology Security Policies, Procedures and Requirements

A. For all Covered Information Systems, Contractor shall comply with all security requirements, including but not limited to the regulations and guidance found in the Federal Information Security Management Act of 2014 (“FISMA”), Privacy Act of 1974, E- Government Act of 2002, National Institute of Standards and Technology (“NIST”) Special Publications (“SP”), including NIST SP 800-37, 800-53, and 800-60 Volumes I and II, Federal Information Processing Standards (“FIPS”) Publications 140-2, 199, and 200, OMB Memoranda, Federal Risk and Authorization Management Program (“FedRAMP”), DOJ IT Security Standards, including DOJ Order 2640.2, as amended. These requirements include but are not limited to:

1. Limiting access to DOJ Information and Covered Information Systems to authorized users and to transactions and functions that authorized users are permitted to exercise;

2. Providing security awareness training including, but not limited to, recognizing and reporting potential indicators of insider threats to users and managers of DOJ Information and Covered Information Systems;

3. Creating, protecting, and retaining Covered Information System audit records, reports, and supporting documentation to enable reviewing, monitoring, analysis, investigation, reconstruction, and reporting of unlawful, unauthorized, or inappropriate activity related to such Covered Information Systems and/or DOJ Information;

4. Maintaining authorizations to operate any Covered Information System;

5. Performing continuous monitoring on all Covered Information Systems;

6. Establishing and maintaining baseline configurations and inventories of Covered Information Systems, including hardware, software, firmware, and documentation, throughout the Information System Development Lifecycle, and establishing and enforcing security configuration settings for IT products employed in Information Systems;

15B41320Q00000012 Page 16 of 30

7. Ensuring appropriate contingency planning has been performed, including DOJ Information and Covered Information System backups;

8. Identifying Covered Information System users, processes acting on behalf of users, or devices, and authenticating and verifying the identities of such users, processes, or devices, using multifactor authentication or HSPD-12 compliant authentication methods where required;

9. Establishing an operational incident handling capability for Covered Information Systems that includes adequate preparation, detection, analysis, containment, recovery, and user response activities, and tracking, documenting, and reporting incidents to appropriate officials and authorities within Contractor’s organization and the DOJ;

10. Performing periodic and timely maintenance on Covered Information Systems, and providing effective controls on tools, techniques, mechanisms, and personnel used to conduct such maintenance;

12. Protecting Covered Information System media containing DOJ Information, including paper, digital and electronic media;

limiting access to DOJ Information to authorized users; and sanitizing or destroying Covered Information System media containing DOJ Information before disposal, release or reuse of such media;

13. Limiting physical access to Covered Information Systems, equipment, and physical facilities housing such Covered Information Systems to authorized U.S. citizens unless a waiver has been granted by the Contracting Officer (“CO”), and protecting the physical facilities and support infrastructure for such Information Systems;

14. Screening individuals prior to authorizing access to Covered Information Systems to ensure compliance with DOJ Security standards;

15. Assessing the risk to DOJ Information in Covered Information Systems periodically, including scanning for vulnerabilities and remediating such vulnerabilities in accordance with DOJ policy and ensuring the timely removal of assets no longer supported by the Contractor;

16. Assessing the security controls of Covered Information Systems periodically to determine if the controls are effective in their application, developing and implementing plans of action designed to correct deficiencies and eliminate or reduce vulnerabilities in such Information Systems, and monitoring security controls on an ongoing basis to ensure the continued effectiveness of the controls;

17. Monitoring, controlling, and protecting information transmitted or received by Covered Information Systems at the external boundaries and key internal boundaries of such Information Systems, and employing architectural designs, software development techniques, and systems engineering principles that promote effective security; and

18. Identifying, reporting, and correcting Covered Information System security flaws in a timely manner, providing protection from malicious code at appropriate locations, monitoring security alerts and advisories and taking appropriate action in response.

B. Contractor shall not process, store, or transmit DOJ Information using a Covered Information System without first obtaining an Authority to Operate (“ATO”) for each Covered Information System. The ATO shall be signed by the Authorizing Official for the DOJ component responsible for maintaining the security, confidentiality, integrity, and availability of the DOJ Information under this contract. The DOJ standards and requirements for obtaining an ATO may be found at DOJ Order 2640.2, as amended. (For Cloud Computing Systems, see Section V, below.)

C. Contractor shall ensure that no Non-U.S. citizen accesses or assists in the development, operation, management, or maintenance of any DOJ Information System, unless a waiver has been granted by the by the DOJ Component Head (or his or her designee) responsible for the DOJ Information System, the DOJ Chief Information Officer, and the DOJ Security Officer.

D. When requested by the DOJ CO or COR, or other DOJ official as described below, in connection with DOJ’s efforts to ensure compliance with security requirements and to maintain and safeguard against threats and hazards to the security, confidentiality, integrity, and availability of DOJ Information, Contractor shall provide DOJ, including the Office of Inspector General (“OIG”) and Federal law enforcement components, (1) access to any…