15B41420Q00000015 SPANISH INTERPRETER.pdf
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U.S. Department of Justice Federal Bureau of Prisons
U.S. Medical Center for Federal Prisoners 1900 W. Sunshine
Office of Contracting
Springfield, MO 65807
August 3, 2020
RE: 15B41420Q00000015 – Spanish Interpreter/Translator Services Federal Bureau of Prisons United States Medical Center for Federal Prisoners, Springfield, Missouri
Dear Quoter:
Accompanying this cover letter is a Request for Quotation (RFQ) prepared by the Federal Bureau of Prisons, United States Medical Center for Federal Prisoners Contracting Office, for the acquisition of On-site Spanish Interpreter/Translator services at the United States Medical Center for Federal Prisoners, Springfield, Missouri. This package contains all the necessary information for submitting a quote for evaluation.
When submitting your quote, the quoter should consider all information provided herein.
Please carefully follow all instructions located in the solicitation package concerning content, format, and submission of quotes.
Quoters shall carefully read the solicitation and evaluation criteria and provide quotes that meet or exceed all requirements. A single award is intended to be made based on what is considered to be the best value to the government as defined in Section 2.1 of the solicitation.
All questions regarding the solicitation must be submitted to the government in writing to rhanners@bop.gov for clarification no later than 10:00 a.m. CST on Friday, August 7, 2020.
Offers shall be received on or before Friday, August 21, 2020 at 1:00 p.m. CST.
Offers shall be submitted via pdf attachment to email rhanners@bop.gov.
Verification of receipt is the responsibility of the Offeror.
Sincerely, //s//
Ross Hanners Contract Specialist
(417) 837-1700 cc: RFQ File mailto:rhanners@bop.gov
15B41420Q00000015 Page 1 of 46
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30
1. REQUISITION NUMBER
5. SOLICITATION NUMBER
15B41420Q00000015
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 6. SOLICITATION ISSUE
DATE
08/03/2020
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
Ross Hanners rhanners@bop.gov
b. TELEPHONE NUMBER (No collect calls)
417-837-1700
8. OFFER DUE DATE / LOCAL
TIME
08/21/2020 13:00 CT
CODE 15B414
Federal Bureau of Prisons USMCFP Springfield 1900 West Sunshine Springfield, MO 65807-2240
9. ISSUED BY UNRESTRICTED OR X SET ASIDE:100.00 % FOR
X 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:
SIZE STANDARD: $8,000,000
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
BSPGCODE15. DELIVER TO
Federal Bureau of Prisons USMCFP Springfield 1900 West Sunshine Springfield, MO 65807-2240
CODE BSPG16. ADMINISTERED BY
Federal Bureau of Prisons USMCFP Springfield 1900 West Sunshine Springfield, MO 65807-2240
FACILITY
CODE
CODE
TELEPHONE NO.
17a. CONTRACTOR/
OFFEROR
BSPGCODE18a. PAYMENT WILL BE MADE BY
Federal Bureau of Prisons USMCFP Springfield 1900 West Sunshine Springfield, MO 65807-2240
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 On-site Spanish Interpreter/Translator service for inmates at USMCFP Springfield, Missouri.
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)
Ross Hanners
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
15B41420Q00000015 Page 2 of 46
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
15B41420Q00000015 Page 3 of 46
Table of Contents
Section Description Page Number
1 Solicitation/Contract Form 2 Commodity or Services Schedule
2.1 Award Information
2.2 Statement of Work
3 Contract Clauses 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005) 52.21-603-70 Contracting Officer's Representative (COR) (June 2012)
52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE
2004) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) DJAR-PGD-07-12 Maintaining Contractor Performance During a Pandemic or Other Emergency DJAR-PGD-15-02-1A Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - (DEVIATION 2015-02) (March 2015) DJAR-PGD-15-02-1B Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Solicitation - (DEVIATION 2015-02) (March 2015) DJAR-PGD-15-02-1C Contractor Certification of Compliance with Federal Tax Requirements - Solicitation - (DEVIATION 2015-02) (March 2015) DJAR-PGD-15-03 Security of Department Information and Systems DJAR-PGD-02-02B Non-U.S. Citizens Prohibited from Access to DOJ Information Technology (IT) Systems 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) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) BOP 2852.237-77 Contractors Classified as Common Law Employees (Nov 2014) 52.212-3 Offeror Representations and Certifications--Commercial Items (Jun 2020) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Jun 2020) 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995)
4 List of Attachments
4.1 Special Contract Conditions
5 Solicitation Provisions
5.1 Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items (Jun 2020) FAO-0021 Business Management Questionnaire BOP 2852.237-78 Submission/Evaluation of Quotations/Offers by Individuals (Nov 2014) 52.217-5 Evaluation of Options (July 1990)
15B41420Q00000015 Page 4 of 46
Section 2 - Commodity or Services Schedule
SCHEDULE OF SUPPLIES/SERVICES
CONTINUATION SHEET
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 To provide Spanish Interpreter/Translator services for USMCFP Springfield, Missouri. Base Year - Effective Date of Award (EDOA) through September 30, 2021.
Firm Fixed Price
PSC: R608
1,152 SS $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 To provide Spanish Interpreter/Translator services for USMCFP Springfield, Missouri. Option Year #1 - October 1, 2021 through September 30, 2022.
Firm Fixed Price
PSC: R608
1,152 SS $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0003 To provide Spanish Interpreter/Translator services for USMCFP Springfield, Missouri. Option Year #2 - October 1, 2022 through September 30, 2023.
Firm Fixed Price
PSC: R608
1,152 SS $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0004 To provide Spanish Interpreter/Translator services for USMCFP Springfield, Missouri. Option Year #3 - October 1, 2023 through September 30, 2024.
Firm Fixed Price
PSC: R608
1,152 SS $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0005 To provide Spanish Interpreter/Translator services for USMCFP Springfield, Missouri. Option Year #4 - October 1, 2024 through September 30, 2025.
Firm Fixed Price
PSC: R608
1,152 SS $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0006 To provide Spanish Interpreter/Translator services for USMCFP Springfield, Missouri. 6 month extension - October 1, 2025 through March 31, 2026.
Option to Extend Services as Authorized by FAR 52.217-8.
Firm Fixed Price
PSC: R608
576 SS $________ $_________________
Total amount for the Base Period, 4 Option Years & 6 month extension $__________________________
2.1 Award Information
15B41420Q00000015 Page 5 of 46
The Federal Bureau of Prisons (BOP), U.S. Medical Center for Federal Prisoners, Springfield, Missouri, intends to make a single awar d to a responsible entity for the provision of On-site Spanish Interpreter/Translator services for the United States Medical Center for Federal Prisoners (USMCFP) located in Springfield, Missouri. General information regarding the Bureau of Prisons (BOP) and its fac ilities is located at www.bop.gov. The Government reserves the right to award without discussion and to make a single award. Theref ore, each initial quote should contain the quoter's best terms from a cost or price standpoint. The contract period shall consist of the E ffective Date of Award through September 30, 2021 and four 12 month option periods for renewal at the unilateral discretion of the Government. There is also a 6 month extension Clause 52.217-8.
The Government intends to make a single award to the responsible contractor whose offer, conforming to the solicitation, is consider ed to be the best value to the Government based on price and past performance.
Services are required to be provided in accordance with the Statement of Work (SOW).
The contract rate for these services shall be on a per session basis. Session lengths are defined as one (1) hour. (24 sessions a week, for 48 weeks in duration = 1152) The contract rate shall include all charges for providing these services. The contract pricing shall i nclude all charges to the Government for performing the services required by this solicitation/contract (e.g., insurance, bonding, overh ead, profit, supervision).
The quantity of services to be provided by the Contractor is estimated above. These estimates are not a representation to an offeror or contractor that the estimated quantities will be required or ordered, or that conditions effecting requirements will remain stable or no rmal (FAR 16.503(a)(1)). The offerors are required to submit a completed copy of the Schedule of Supplies/Services, located in the t able above, inclusive of the base year, all option years and the 6 month extension per Clause 52.217-8.
Pursuant to FAR 17.203(b), the Government's evaluation shall be inclusive of options. Pursuant to FAR 17.203(d), the offeror may off er varying prices for options, depending on the quantities actually ordered and the dates when ordered.
2.2 Statement of Work
PLACE OF PERFORMANCE
The On-site Spanish Interpreter/Translator services will provide the services for various departments including, but not limited to, Medical, Legal, Case Management, Mental Health, Medical Records, and Nursing located at 1900 West Sunshine Street, Springfield, MO 65807.
INSTITUTIONAL SCHEDULE
The requirement for these services will consist of an estimated 1152 sessions per 12 month period (approximately 24 sessions per wee k). Each session will be defined as one (1) hour in length. It is anticipated the services will be required Monday through Friday betwee n the hours of 8:00 a.m. to 11:00 a.m. (15 sessions) with an additional nine sessions scheduled between Monday and Friday between the hours of 12:00 p.m. to 3:00 p.m. The afternoon dates will vary but should total no more than three days. A mutually agreed upon schedule will be determined following the award of the contract.
The Contracting Officer’s Representative (COR) will be responsible for defining each weekly schedule. The schedule is subject to cha nge based on the variable needs of the institution and the unpredictable nature of the correctional environment. Advance notice of s chedule changes will be given whenever possible. Due to the nature of the correctional setting, delays in performance of work may be expected. Such delays may include, but are not limited to inclement weather, electrical or mechanical problems, or other security m atters. In the event of any absence, the contractor will be paid for one (1) session. Normally, any remaining sessions for that day will be suspended, the Contractor will be free to leave, and the Contractor will not be paid for the remaining incomplete sessions.
However, if the institution requests that the Contractor remain at the institution for eventual performance, the Contractor will be paid for such sessions. In the event of any long term absence, the contractor will generally be expected to provide replacement coverage, un less prior arrangements have been made between the Contractor and the COR. The COR will be responsible for defining each schedul
e. Upon agreement, any changes to the schedules must be coordinated with the COR assigned under this contract.
SERVICES TO BE PROVIDED
Contractor will provide On-site Spanish Interpreter/Translator services for the inmate population at the USMCFP Springfield. Contrac tors’ responsibilities shall include but are not limited to: verbal conversational interpretation between staff members or other contrac tors and inmate patients, and written translations of documents or records at the request of staff members or other authorized personnel . Contractor must be able to provide verbal word for word translations in place of conversational interpretation when requested. Con
15B41420Q00000015 Page 6 of 46 tractor to provide the services for various departments including, but not limited to, Medical, Legal, Case Management, Mental Healt h, Medical Records, Psychology, and Nursing. Services to include interpretations for forensic evaluators doing court-ordered evaluat ions and competency restoration services for federal courts as well as for psychologists conducting mental health evaluations and ps ychological individual and group treatment for designated, civilly committed, or pretrial inmates. The Contractor will provide interpret er services during court proceedings held at the institution and during attorney client meetings. The contractor must have the ability to work with an inmate population with a variety of cultural, regional, racial, and ethnic backgrounds.
In accordance with FAR 52.224-1 and 52.224-2, the Contractor may be required to use, disseminate, and/or handle inmates’ records that contain confidential information. The Contractor may have access to the BOP correctional, medical, and psychology records of inmates for whom the Contractor is providing service, as necessary to provide said services. All inmate records will be handled in ac cordance with Bureau of Prisons Policy
SUPPLIES AND EQUIPMENT
All equipment and supplies that the contractor may routinely need will be provided by the Government. These supplies normally will i nclude any materials needed to perform the services required. All records maintained by the contractor under this contract will remain the property of the institution.
ATTIRE
The contractor is expected to wear professional clothing while on duty (scrub uniforms are approved). The attire worn shall also be appropriate for the correctional environment in which the contract employee will be performing.
ACADEMIC, EXPERIENCE AND/OR SPECIAL QUALIFICATIONS REQUIREMENTS
The contractor will provide a Spanish Interpreter/Translator who must be fluent in the Spanish language. They must have experience in providing translation services in a hospital or medical care setting with a professional reference letter stating so. The contractor m ust have a minimum of a completed high school education with Spanish as a first language along with a documented class in Medica l Terminology, or a college degree with documented classes in Spanish and medical terminology. If Spanish is not a first language, a certification in Advanced Spanish will be required. Contractor must have knowledge of medical terminology and subject matter to make an intelligent translation or interpretation.
The contractor must specifically identify the individual(s) who will be performing these services under any subsequent contr act award. The contractor must provide proof that their candidate meets all qualifications. The candidate’s name and qualifi cations must be submitted at the time the quote is submitted. Contractor must submit with their quote a resume, photocopies of documents evidencing education, license, certification and training. A Bureau Of Prisons form A0660 Criminal History Check must also be submitted for the individual(s) the contractor intends to have perform the services. Note: the Government will not disclose the specifics of this check only advise if the individual is determined acceptable for a security application or no t.
The Contractor is responsible for submitting any updated license/certification to the COR as the license is renewed. The Contractor will submit all necessary information required for the USMCFP to maintain a complete credential file as outlined in BOP policy.
INMATE MANAGEMENT
The Contractor must agree to adhere to all regulations prescribed by USMCFP Springfield for the safety, custody, and conduct of inmates. The custody of federal inmates remains a primary responsibility of the designated facility. The provision of services under thi s 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 contractor’s scope of work shall abide by all rules, in e ffect, to ensure the safety and well-being of all participants. The contractor will report any infractions of rules and regulations by any i nmate to the HSA or COR.
INSTITUTION SECURITY
The contractor, as well as all employees of the contractor, agrees to adhere to all regulations prescribed by the institutions in regards to the safety, custody, and conduct of inmates. The contractor shall attend a four (4) hour orientation program prior to assuming inst itutional involvement. Contractor shall attend two (2) hour refresher training for each option year exercised. Reimbursement to the co ntractor for time spent in institution security orientation or other periodic security related training will be reimbursed at the contract r ate. The Bureau of Prisons requires all non-employees to sign in and out of the institution for security reasons. Contract staff will sign the log, indicating the date of visit to the institution, time of arrival, and time of departure.
The Contractor or its’ employees may, at any time, be removed from the institution at the discretion of the CEO. Additionally, contr act staff will each be required to wear an ID badge, provided by the Government, at all times within the confines of the institution . The Contractor will maintain and furnish time and attendance reports as required by the Health Services A
15B41420Q00000015 Page 7 of 46 dministrator. At the time of arrival and before entry into the institution, contractors may be required to submit th eir possessions for passage through an x-ray screening machine and may be required to clear a walk through m etal detector.
The contractor, as well as all employees of the contractor, must undergo a security clearance process prior to being permitted to enter the institution. It is the responsibility of the contractor to make sure that those employees submit the required information and comple te the necessary actions in a timely manner so as to complete their investigations as expeditiously as possible. Additionally, it is the res ponsibility of the contractor to provide employees to fulfill this contract who are reasonably certain to be able to successfully complete the security scrutiny. This may involve a more intensive screening process on the part of the contractor.
Contractor employees will be provided with a security and BOP procedures orientation session prior to performing any services under this contact. The date and time for this orientation will be coordinated by the COR. Refresher training in security and BOP procedures may be required annually. Compensation to the contractor for time spent in this, and any other required security related training, will b e at the contract rate, prorated hourly.
RESTRICTIONS ON CONTRACT WORKERS
The Contract employees shall not supervise inmates, supervise Bureau of Prisons staff, participate in inmate accountability, requisition , sign for or pickup supplies, formulate policy or procedures, or attend meetings, staff recalls or staff functions.
METHOD OF PERFORMANCE
The Contractor has sole responsibility and discretion for choosing and implementing the manner and method of performing tasks ou tlined in this Statement of Work as long as the requirements are met in accordance with the policies described above.
The services, although not directly supervised, shall be reviewed by institution medical staff to ensure contract compliance. The Co ntractors performance will be evaluated in accordance with FAR Part 42. Contract monitoring reports will be prepared by the COR and maintained in the contract file. The Government reserves the right to suspend, limit or revoke the Contractor’s privileges at the fa cility due to violations of security procedures.
When an observation indicates defective performance, the Contracting Officer may issue a Discrepancy Report to the Contractor. The Contractor shall address any Discrepancy Report in writing to the Contracting Officer within ten calendar days of notification, indic ating any corrective action taken to rectify the deficiency.
CONTRACTOR HEALTH REQUIREMENTS
The Contractor will be current with all immunizations required to work in a healthcare setting and proof of documentation will be av ailable for USMCFP Springfield prior to the first day of work. These immunizations include a complete hepatitis B series, MMR or proof of immunity if born prior to 1957and varicella immunization or history of illness. An annual tuberculin skin test record, a two-s tep tuberculosis skin test, or chest x-ray prior to contract work will be required for TB screening. Annual TB screening and annual infl uenza is required during contract employment. Contractors with a positive TB or tuberculin skin test history will have documentation of no active disease by an outside physician prior to contract start. If the Contractor subsequently develops a medical condition which might be reasonably expected to place other workers, patients, or the public at risk, he/she will immediately be removed from all patie nt care activities.
Interpreters must comply with mask, personal protective equipment (PPE), and Infection Control requirements as determined by local and regional policies and CDC recommendations. Failure to abide by these regulations will be considered non-compliance with contr act requirements and result in denial of entry or of being escorted out of the institution.
POINT OF CONTACT
The Contractor shall provide a Point of Contact (POC) who shall be responsible for the delivery of services under this contract. The POC shall have the full authority to act on behalf of the Contractor in all matters relating to the daily operation of the contracted servi ces. The Contractor shall designate this individual in writing to the Contracting Officer prior to the start date of the contract. An altern ate POC may be designated, however, the Contractor must identify those times when the alternate shall be the primary POC.
15B41420Q00000015 Page 8 of 46
Section 3 - Contract Clauses
A.1 ADDENDUM TO FAR 52.212-4, Award Information
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)
52.203-12 Limitation On Payments to Influence Certain Federal Transactions
(Jun 2020)
52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)
52.228-5 Insurance - Work on a Government Installation (Jan 1997)
52.232-18 Availability Of Funds (Apr 1984)
52.223-6 Drug-Free Workplace (May 2001)
52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (Jan 2017)
52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)
52.204-13 System for Award Management Maintenance (Oct 2018)
52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018)
52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017)
52.224-1 Privacy Act Notification (Apr 1984)
52.224-2 Privacy Act (Apr 1984)
52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors
(Dec 2013)
15B41420Q00000015 Page 9 of 46
Clause Title Fill-ins (if applicable)
52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr
1984)
52.253-1 Computer Generated Forms (Jan 1991)
Clauses By Full Text
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 contract or 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. O utlined 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 Sec urity 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 requ irements 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 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 issuance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecu tive 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 accord ing 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.
15B41420Q00000015 Page 10 of 46
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 exam ple, 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 acces s.
c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contracto r, 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 (w ithin 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 inve stigation, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second p hase 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-ap pointment waiver package.
4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations t o 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-app ointment waiver package.
[End of Clause]
52.21-603-70 Contracting Officer's Representative (COR) (June 2012)
(a)Melissa Di Dia ,Clinical Practical Nurse , USMCFP Springfield,417-862-7041, is hereby designated as the Contracting Officer's Representative (COR) under this contract.
(b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provide he reunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract or 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 ter ms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contractual 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 commi tment, 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 informa tion regarding allied countries: http://www.opm.gov/employ/html/citizen.htm
15B41420Q00000015 Page 11 of 46
By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.
[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 haza rdous 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 c ontractors 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 presenc e 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, d iscovers 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 th at 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 cons titute 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)
BPAP 37.103 Mandatory Statement Per Bureau of Prisons Acquisition Policy 4100.06 Dated July 17, 2017
Point of Contact for Victims of Domestic Violence, Sexual Assault, and Stalking.
It is the Department’s policy to enhance workplace awareness of and safety for victims of domestic violence, sexual assault, and stal king. This policy is summarized in DOJ Policy Statement 1200.02 (Department Policy on Domestic Violence, Sexual Assault, and St alking.), available in full for public viewing at www.justice.gov/sites/default/files/ovw/legacy/2013/12/19/federal-workplacee-respons es-to-domesticviolence-sexualassaultstalking.
pdf. Vendor agrees, upon contract award, to provide notice of this Policy Statement, including at a minimum the above-listed URL, to all of Vendor’s employees and employees of subcontractors who will be assigned to work on Department premises. The Point of Co ntact is the Human Resources Manager or Designee (417) 862-7041 x1773
(1) The service is a contractual arrangement and not a personnel appointment;
(2) Payment is based on an end product or the accomplishment of a specific result;
(3) The service does not constitute an employer/employee relationship; and
(4) The contractor will not be subject to Government supervision, except for security-related matters. However, contractor performan ce shall be monitored.
DJAR-PGD-07-12 Maintaining Contractor Performance During a Pandemic or Other Emergency
Continuing Contract Performance During a Pandemic Influenza or other National Emergency During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absente eism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.
The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce. Co ntractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission c ritical services, during a pandemic influenza or other emergency situation.
The types of actions a federal contractor should reasonably take to help ensure performance are:
Encourage employees to get inoculations or follow other preventive measures as advised by the public health service.
Contractors should cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services where telework is not an option.
15B41420Q00000015 Page 12 of 46
• Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful remote work in an emergency.
• Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency.
Establish communication processes to notify employees of activation of this plan.
• Integrate pandemic health crisis response expectations into telework agreements.
With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period). Secu rity concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees' pers onal computers and provide them with PCs or laptops as appropriate.
• Determine how all employees who may telework will communicate with one another and with management to accomplish work.
Practice telework regularly to ensure effectiveness.
• Make it clear that in emergency situations, employees must perform all duties assigned by management, even if they are outside usu al or customary duties.
• Identify how time and attendance will be maintained.
It is the contractor's responsibility to advise the government contracting officer if they anticipate not being able to perform and to w ork with the Department to fill gaps as necessary. This means direct communication with the contracting officer or in his/her absence, another responsible person in the contracting office via telephone or email messages acknowledging the contractors notification.
The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations.
(End of Clause)
DJAR-PGD-15-02-1A Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - (DEVIATION 2015-02) (March 2015)
(a) None of the funds made available by the Department's current Appropriations Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with a corporation -
(1) convicted of a felony criminal violation under any Federal law within the preceding 24 months, wher e the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or
(2) that has any unpaid Federal tax liability that has been assessed, for which all judicial and administra tive remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability , unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.
(b) By submitting a response to this solicitation, the offeror represents that, as of the date of this offer -
(1) the offeror is not a corporation convicted of a felony criminal violation under any Federal or State law within the preceding 24 months; and,
(2) the offeror is not a corporation that has any unpaid Federal or State tax liability that has been assessed , for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being p aid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.
(End of Provision)
DJAR-PGD-15-02-1B Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Solicitation - (DEVIATION 2015-02) (March 2015)
None of the funds appropriated to the Department under its current Appropriations Act may be used to enter into a contract, grant, or cooperative agreement with an entity that requires employess or contractors of such entity that requires employees or contractors of such entity seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statements prohibiting or otherw ise restricting such employees or contractors from lawfully reporting such waste, fraud, ora buse to a designated investigative or law e nforcement representative of a Federal department or agency authorized to receive such information. By submitting a response to thi s solicitation, the contractor certifies that it does not require employees or contractors of the contractor seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors f
15B41420Q00000015 Page 13 of 46 rom lawfully reporting waste, fraud, and abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(End of Provision)
DJAR-PGD-15-02-1C Contractor Certification of Compliance with Federal Tax Requirements - Solicitation - (DEVIATION 2015-02) (March 2015)
By submitting a response to this solicitation, the contractor certifies that, to the best of its knowledge, information and belief, the c ontractor has (a) filed all Federal tax returns required during the three years preceding the certification, (b) not been convicted of a cri minal offense under the Internal Revenue Code of 1986, and (c) not been notified, more than 90 days before the subject certification, of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is t he subject of a non-frivolous administrative or judicial proceeding.
(End of Provision)
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, sub contractors, and CSPs (hereinafter collectively, “Contractor”) that may access, collect, store, process, maintain, use, share, retrieve, dis seminate, transmit, or dispose of DOJ Information. It establishes and implements specific DOJ requirements applicable to this Contra
ct. The requirements established herein are in addition to those required by the Federal Acquisition Regulation (“FAR”), including F AR 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 Inform ation. 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 med ium, including textual, numerical, graphic, cartographic, narrative, or audiovisual. Information includes information in an electronic f ormat that allows it be stored, retrieved or transmitted, also referred to as “data,” and “personally identifiable information” (“PII”), reg ardless of form.
B. Personally Identifiable Information (or PII) means any information about an individual maintained by an agency, incl uding, 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, d ate and place of birth, mother's maiden name, biometric records, etc., including any other personal information which is linked or linka ble to an individual.
C. DOJ Information means any Information that is owned, produced, controlled, protected by, or otherwise within the custod y or responsibility of the DOJ, including, without limitation, Information related to DOJ programs or personnel.
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