15B50221Q00000026.pdf

15B50221Q00000026 Page 1 of 40

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15B50221Q00000026

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

07/08/2021

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Jodi Fulcher jxfulcher@bop.gov

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

TIME

08/10/2021 2:00 PM CST

CODE BBMX

Federal Bureau of Prisons FCC Beaumont 5980 Knauth Road Beaumont, TX 77705

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:

SIZE STANDARD: 7.5

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

BBMXCODE15. DELIVER TO

Federal Bureau of Prisons FCC Beaumont 5980 Knauth Road Beaumont, TX 77705

CODE BBMX16. ADMINISTERED BY

Federal Bureau of Prisons FCC Beaumont

PO BOX 26015

BEAUMONT, TX 77720

Jodi Fulcher

(O) 409-727-8187

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

BBMXCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCC Beaumont

PO BOX 26015

BEAUMONT, TX 77720

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

Jewish Rabbi Services at FCC Beaumont.

Quoters provide the following information.

DUNS:_______________________

TIN:_________________________

EMAIL

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 ____ 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) 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

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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

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Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

Statement of Work 3 Contract Clauses

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) FAO-0003 Required Insurance 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

OR OTHER NATIONAL EMERGENCY (May 2008) DJAR-PGD-15-03 Security of Department Information and Systems 52.21-603-70 Contracting Officer's Representative (COR) (June 2012) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.232-23 Assignment of Claims (May 2014) 52.232-18 Availability of Funds (Apr 1984) 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018) 52.204-7 System for Award Management (Oct 2018) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 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) 52.232-1 Payments (Apr 1984) 52.232-8 Discounts For Prompt Payment (Feb 2002) 52.232-11 Extras (Apr 1984) 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) 52.253-1 Computer Generated Forms (Jan 1991) 52.249-4 Termination for Convenience of the Government (Services) (Short Form) (Apr 1984) 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) 52.216-21 Requirements (Oct 1995) 52.228-5 Insurance-Work on a Government Installation (Jan 1997) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.217-8 Option to Extend Services (Nov 1999) 52.216-18 Ordering (Aug 2020) 52.216-19 Order Limitations (Oct 1995)

4 List of Attachments 5 Solicitation Provisions

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017) 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation (Dec 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)

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52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) 52.212-3 Offeror Representations and Certifications-Commercial Items (Feb 2021) 52.204-22 Alternative Line Item Proposal (Jan 2017) 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids (Nov 1999) 52.215-1 Instructions to Offerors-Competitive Acquisition (Jan 2017) 52.212-1 Instructions to Offerors-Commercial Items (Jun 2020) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020)

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

52.217-5 Evaluation of Options (July 1990)

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Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Provide Jewish Rabbi worship services for FCIL Beaumont, FCIM Beaumont, USP Beaumont, and FPC Beaumont.

Base Year 10/01/2021 - 09/30/2022

Firm Fixed Price

PSC: R499

48 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Provide Jewish Rabbi worship services for FCIL Beaumont, FCIM Beaumont, USP Beaumont, and FPC Beaumont. Option Year 1 10/01/2022 - 09/30/2023

Firm Fixed Price

PSC: R499

48 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Provide Jewish Rabbi worship services for FCIL Beaumont, FCIM Beaumont, USP Beaumont, and FPC Beaumont. Option year 2 10/01/2023 - 09/30/2024

Firm Fixed Price

PSC: R499

48 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Provide Jewish Rabbi worship services for FCIL Beaumont, FCIM Beaumont, USP Beaumont, and FPC Beaumont. Option Year 3 10/01/2024 - 09/30/2025

Firm Fixed Price

PSC: R499

48 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Provide Jewish Rabbi worship services for FCIL Beaumont, FCIM Beaumont, USP Beaumont, and FPC Beaumont. Option Year 4 10/01/2025 - 09/30/2026

Firm Fixed Price

PSC: R499

48 SS $________ $_________________

Statement of Work

Introduction The Federal Correctional Complex at Beaumont, TX intends to award one firm-fixed price contract for the provision of a Jewish Rabbi with the ability to work with federal offenders who are in the care and custody of the U.S. Attorney General. The work is to be performed in the Religious Services Area of the Federal Correctional Complex in Beaumont, TX, which includes: The United States Penitentiary, The Federal Correctional Institution (Medium Security ), The Federal Correctional Institution (Low Security), and The Federal Prison Camp (FPC). Sessions will ordinarily occur inside the Chapel however, on special occasions, may be performed at other locations within the institution. The Federal Correctional Complex is located at 5430 Knauth Road, Beaumont, TX 77705.

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The award of this Contract shall be based on the best price received which offers the best value to the Government. Payment is based on an end product or the accomplishment of a specific result. The Contractor will not be subject to Government supervision, except for security related matters. However, contractor performance shall be monitored. The service does not constitute an employer-employee relationship; however, the Government reserves the right to monitor the Contractor’s performance to insure he/she is in compliance with the Statement of Work (SOW). Each quote should contain the quoter’s best terms from a cost and price standpoint.

Period of Contract This contract will be for a Base Year with four (4) option year periods.

Base Year = effective date - 12 months.

Option Year One = 13 months – 24 months Option Year Two = 25 months – 36 months Option Year Three = 37 months – 48 months Option Year Four = 49 months – 60 months

Schedule of Services The Complex Chaplain will be responsible for defining the monthly schedule. These schedules are subject to change, based on the variable needs of the Institution(s) and the unpredictable nature of the correctional environment. Upon agreement, any changes to the schedule must be coordinated with the Complex Chaplain. The contractor shall be required to perform twelve services (one per month) at each facility (Camp, Low, Medium, and USP), for a total of 48 sessions. Each session will be one (1) hour in length, including entry and exit procedures. Services shall not exceed thirty (30) hours per week. Services will not be scheduled during the inmates’ meal time (11:00 a.m. – 12:30 p.m.). The contractor will submit a schedule for the fiscal year (October 1 – September 30) within thirty days of the awarding of the contract. In the event of an institutional emergency, classes may be delayed or canceled as necessary. The contractor is paid for conducting sessions with inmates. In the event the contractor is unable to enter the facility, due to the contractor’s schedule, or an institutional emergency, the contractor will not be paid for the session.

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 services. The contractor shall designate this individual in writing to the Contracting Officer prior to the start date of the contract.

Method of Performance The contractor shall perform services as outlined in the Statement of Work. This service is a contractual arrangement and not a personnel appointment.

Award of this contract in no way constitutes an employer/employee relationship. These services although not directly supervised, except for security related matters, will be reviewed by the Complex Chaplain. The Religious Services provided, being professional in nature, will be provided in the method as considered consistent with community standards.

Equipment and Supplies All necessary equipment and supplies needed to perform the services covered under this contract will be furnished by the Federal Bureau of Prisons. If specific supplies and/or equipment is necessary for the contractor to provide the required services, he shall forward the request to the Complex Chaplain. The contractor will be expected to account for all equipment and supplies placed under his supervision. All records maintained by the contractor under this contract will remain the property of FCC Beaumont.

Academic, Experience and Special Qualifications Requirements The contactor will be skilled in interpersonal communications and relations, group dynamics, counseling, and one-on-one assistance for adults. The contractor will have personal contact with convicted felons. The contractor will report infraction of rules or inappropriate behavior of inmates to the chaplain (or designee) on duty immediately. The contractor shall conduct himself/herself in an appropriate manner at all times.

The contractor must be familiar with the following subjects:

* Shabbat: Day of Rest

* Rosh Hashanah: The New Year, Shofar-blowing

* Yom Kippur: Day of Atonement

* Shavout

* Hannukah

* Pesach: the Exodus of the Jewish People

* Pesach: Rules of a Seder

* Sukkot

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* Lag Ba’Omer

* Tu Beshvat

* Purim

* Tisha B’Av: Eicha

* Torah Reading: Trope

* ‘Mitzvot and Aveirot (Good and Bad Deeds)

* Tallit and Tefillin (more generally, ritual garb)

* Symbolism in Judaism

* Kabbalah: Jewish Mysticism

* The Amidah: The Silent Prayer

* Prayer in Judaism: Shacharit, Mincha and Maariv

* The Sh’ma (Hear O Israel

* Kashrut

* The Main Denominations of Judaism: focusing on the Reform Movement,

* Conservative Movement and Orthodox Movement

* Hassidic Tales and their Morals

* Tikkun Olam (Social Action/ ‘repairing’ the world)

* Tzedakah (Charity)

* Cultural Judaism: Sephardic and Ashkenazi Jews

* Intermarriage

* Afterlife and Eschatology Free Will

* Gender Relations/Feminism

* Themes of Jewish Prayer

* Bikkur Holim: Visiting the Sick

* The Ten Commandments

* The Jewish Family

* The Many Books of Judaism

* Halakha (Jewish Law)

* Gematria (Numbers)

* Akeidat Yitzhak (Sacrifice of Isaac)

* Adam and Eve: the Creation Story

* Pirkei Avot: Teachings of our Fathers

* Is God Punishing Us?: Judaism’s response to tragic events, including the Holocaust

* Israel: the Jewish State

* Varying Cultural Tradition (i.e. Mimouna, the traditional Moroccan/Kurdish that celebrates the end of Pesach)

* The Traditional Minyan

* Male/Female Relationships

* Niggunim (Songs without words)

* Rikudei Am (“Israeli” Dancing)

* The Many Blessings of Judaism (including Tefilat Haderekh-blessing said when traveling, Shehekhiyanu—blessing said when something is done for the first time)

* Bar Mitzvah: the Jewish Concept of Adulthood

* Abraham’s Covenant with God: Circumcision

* Havdallah: Separating the Sabbath from the Rest of the Week

* Jewish Calendar

* Mikveh: the Ritual Bath

Nonpersonal Position The services provided are a contractual arrangement and not a personnel appointment. Payment is based on an end product or the accomplishment of a specific result or service. The service does not constitute an employer/employee relationship. The contractor will not be subject to Government supervision, except for security related matters. However, contractor performance will be closely monitored. Quoters failing to submit any of the required solicitation paperwork/documentation will be removed from further consideration for award.

Restriction on Contract Worker The Contractor shall not supervise inmates, supervise Bureau of Prisons staff, participate in inmate accountability, requisition, sign for, or pick up supplies, formulate policy or procedures, attend meetings, recalls or staff functions.

Inmate Management

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The contractor must agree to adhere to all regulations prescribed by the Federal Bureau of Prisons for the safety, custody, and conduct of inmates. The custody of federal inmates remains a primary responsibility of the Federal Correctional Complex. The provision of services under this proposed contract will require frequent and unsupervised contact with inmates. The contactor 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 effect, to ensure the safety and well-being of all participants.

The contractor will report any infractions of rules and regulations by any inmate to the Complex Chaplain and/or local Chaplain.

The Contractor shall, while within the Complex, wear professional clothing or clothing representative of his religious order. The Contractor shall also conduct themselves in a manner consistent with their own field of expertise.

Institution Security The contractor must qualify for entry into the facility. 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 an orientation program prior to assuming Institutional involvement. This will be coordinated by the Complex Chaplain. Compensation to the contractor for time spent in Institution Security Orientation or other periodic security related training will be prorated at the contract session rate.

Before entering an institution, the contractor and/or employees of the contractor shall meet certain security requirements. The Employee Services Department will establish a security file that will be maintained on each contractor from the beginning of work until the duration. The following information will be maintained in this file:

1. National Crime Information Center check (NCIC)

2. Declaration for Federal Employment (OF-306)

3. FD-258 (Fingerprint check)

4. Law Enforcement Agency checks

5. Vouchering of Employers

6. Employment Resume

7. Completed Contractor Pre-employment Questionnaire

8. Release of Information

9. Questionnaire for Sensitive Positions (SF-85 for Low Risk, SF-85P for Above Low Risk)

10. Credit Check, if applicable

10. Urinalysis Testing, if applicable (for detection of drug use)

By signing the contract document, the contractor agrees to complete the required documents and undergo the listed procedures.

Payment Terms Contractor must provide a means of electronic payment to include bank routing and account number. In order to ensure proper preparation of their bi-weekly payment voucher, all hours worked must be documented by the contractor, showing the hours worked during each visit. Documentation will be provided on a “Log of Consultants Visit” form with each entry being signed by the Federal Correctional Complex, Accounting Department, which accurately reflects days worked, number of sessions and the total amount due for the previous month’s services. Payment terms as specified in FAR 52.212-4(g), the due date for making an invoice payment by 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 contactor. The contractor can however offer discount payment terms for prompt payments as specified in block 12 on the SF-1449 form of the solicitation. Half sessions will not be authorized for payment. If the resulting contract is awarded to an individual (s) of sole proprietorship, the provision of these services has been determined to meet certain criteria of the Internal Revenue Service for creating a common law employee tax liability relationship. In such a situation, the BOP is responsible for payment of FICA taxes (7.65%) and the withholding of the individual’s taxes. These responsibilities apply only when award of the contract is made to an individual or sole proprietorship. It does not apply when the contract is awarded to a company, regardless of the size of the company. For evaluation purpose, an additional 7.65% will be added to the price submitted by individuals or sole proprietorships.

Quality Standards The Government reserves the right to inspect and evaluate all services provided during the performance of this contract. The Government may conduct surveillance of any task at any time during the performance of this contract. All surveillance observations will be documented by the Complex Chaplain. When an observation indicates defective performance, the Contracting Officer (CO), with the technical support of the Complex Chaplain may issue a Discrepancy Report to the Contractor. The Contractor shall address any negative comments and propose corrective action to the Contracting Officer within ten (10) calendar days after receiving the report.

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Insurance Requirement FAR 52.228-5 Insurance of Work on a Government Installation

A. The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

B. Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

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

Additional Requirements All quoters must complete attached form “Credentials of Religious Services Contactor”.

Contractors responding to this solicitation shall submit two personal references and one letter of endorsement from their local religious organization. All information provided will be reviewed by the Complex Chaplain. Contractors may be required to submit additional documents for review and/or be interviewed prior to contract award. There are no exceptions to the certification requirements for incumbent contactor. The Complex Chaplain will make the determination and conduct all document review prior to the contract being awarded.

Department Policy on 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 stalking. This policy is summarized in DOJ Policy Statement 1200.02 (Federal Workplace Responses to Domestic Violence, Sexual Assault, and Stalking), available in full for public viewing at http://www.justice.gov/sites/default/files/ovw/legacy/2013/12/19/federal-workplacee-responses-to-domesticviolence-sexualassault-stalking.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.

Point of Contact for Victims of Domestic Violence, Sexual Assault, and Stalking Upon contract award, the Department will notify contractor of the name and contact information for the Point of Contact for Victims of domestic violence, sexual assault, and stalking for the component or components where Contractor will be performing. Contractor agrees to inform its employees and employees of subcontractors who will be assigned to work on Department premises of the name and contact information for the Victim Point of Contact.

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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)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017)

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

1984)

52.232-23 Assignment of Claims (May 2014)

52.232-18 Availability of Funds (Apr 1984)

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

52.204-7 System for Award Management (Oct 2018)

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

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

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

Developed or Provided by Kaspersky Lab and Other Covered Entities

(Jul 2018)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (Aug 2020)

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

2015)

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

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Clause Title Fill-ins (if applicable)

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

Construction Contracts (Aug 2018)

52.232-1 Payments (Apr 1984)

52.232-8 Discounts For Prompt Payment (Feb 2002)

52.232-11 Extras (Apr 1984)

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)

52.253-1 Computer Generated Forms (Jan 1991)

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

Form) (Apr 1984)

52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984)

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 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

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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.

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)

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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]

FAO-0003 Required Insurance

See FAR 52.228-5, Insurance - Work on a Government Installation.

The Contractor shall, at its own expense, provide and maintain during the entire performance period of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

TYPE AMOUNT

(1) WORKERS COMPENSATION & EMPLOYER'S LIABILITY $100,000

The required Workmen's Compensation Insurance shall extend to cover employee's liability for accidental bodily injury or death and for occupational disease with a minimum liability of $100,000.

(2) COMPREHENSIVE GENERAL LIABILITY with a minimum limit of:

PER ACCIDENT OR

OCCURRENCE FOR BODILY INJURY $500,000

This insurance shall include contractor's protective and contractual liability.

(3) COMPREHENSIVE AUTOMOBILE LIABILITY with the following minimum limits:

PER PERSON $200,000

PER OCCURRENCE FOR BODILY INJURY $500,000

PER OCCURRENCE FOR PROPERTY DAMAGE $ 20,000

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.

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(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)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA OR OTHER NATIONAL EMERGENCY (May 2008)

During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absenteeism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in Government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.

The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce.

Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation.

The types of actions a federal contractor should reasonably take to help ensure performance are:

* Encourage employees to get inoculations or follow other preventive measures as advised by the public health service.

* Cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services where telework is not an option.

* Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful remote work in an emergency.

* Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency.

* Establish communication processes to notify employees of activation of this plan.

* Integrate pandemic health crisis response expectations into telework agreements.

* With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period). Security concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropriate.

* Determine how all employees who may telework will communicate with one another and with management to accomplish work.

* Practice telework regularly to ensure effectiveness.

* Make it clear that in emergency situations, employees must perform all duties assigned by management, even if they are outside usual or customary duties.

* Identify how time and attendance will be maintained.

It is the contractor's responsibility to advise the Government Contracting Officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her absence, another responsible person in the contracting office via telephone or email messages acknowledging the contractor's notification. The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations.

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

[End of Clause]

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

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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.

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:

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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;

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…