15B50419Q00000018_Sol.pdf

U.S. Department of Justice Federal Bureau of Prisons

Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

RE: Request for Quote 15B50419Q00000018 Post-Secondary – Accredited College Courses Federal Prison Camp Bryan (FPC)

Dear Quoter:

Attached is a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the provision of post secondary - accredited college courses at FPC Bryan, Texas. This package contains all necessary information to submit a quote.

When submitting your quote, you shall consider all information provided herein. Please carefully follow all instructions located on pages 27 of 41 of the solicitation package concerning content, format, and submission of quotes.

All potential quoters are advised that this solicitation includes the provision at FAR 52.204-7 System for Award Management which requires that an offeror be registered in SAM when submitting an offer or quote and continue to be registered throughout the duration of the contract. Quoters should include their Data Universal Number System (DUNS) number in their quotes. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardees DUNS number into the SAM database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award. For the purposes of this solicitations, all quoters SAM registration should include NAICS code 611310.

If you have questions about the System for Award Management (SAM), Government procurements in general, or need assistance in the preparation of your quote, a local Procurement Technical Assistance Center (PTAC) may be able to help. The Procurement Technical Assistance Program was authorized by Congress in 1985 in an effort to expand the number of businesses capable of participating in the Government marketplace. To locate a PTAC near you, go to http://www.aptac-us.org.

Quotes shall be received on or before the deadline of June 18, 2019, at 9:00 a.m. Central Time. Quotes shall be submitted electronically via email to t8johnson@bop.gov in pdf format only and will be deemed received at the time as indicated on the email notification. Faxed and hand delivered quotes will not be accepted. Quotes received after the quote deadline will be handled in accordance with FAR 52.212-1(f).

Please submit any questions you may have in writing. Questions may be submitted via email to t8johnson@bop.gov

Sincerely, Tammie Johnson, Contracting Officer Tammie Johnson

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

15B50419Q00000018

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

06/04/2019

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME

Tammie Johnson t8johnsons@bop.gov

b. TELEPHONE NUMBER (No collect calls)

972-352-4535

8. OFFER DUE DATE / LOCAL

TIME

06/18/2019 09:00:00

CODE 15BFA0

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

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 611310

SIZE STANDARD: $27,500,000

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

15B504CODE15. DELIVER TO

Federal Bureau of Prisons FPC Bryan 1100 Ursuline Business Office Bryan, TX 77803

CODE 15B50416. ADMINISTERED BY

Federal Bureau of Prisons FPC Bryan 1100 Ursuline Business Office Bryan, TX 77803

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

15B504CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FPC Bryan 1100 Ursuline Business Office Bryan, TX 77803

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

Provision of Post-Secondary Education Programs/AOE Services to be performed in accordance to the Statement of Work for the inmate population at FPC Bryan, Texas.

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

Tammie Johnson

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

15B50419Q00000018 Page 1 of 41

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

15B50419Q00000018 Page 2 of 41

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2.1 Pricing Methodology

2.2 Statement of Work

2.3 Special Contract Conditions

3 Contract Clauses 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984) 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

OR OTHER NATIONAL EMERGENCY (May 2008) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) 52.21-603-70 Contracting Officer's Representative (COR) (June 2012)

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

2004)

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

2011) DJAR-PGD-15-03 Security of Department Information and Systems DJAR-PGD-14-05 Contractor Notice Regarding DOJ Policy Statement 1200.02, Federal Workplace Responses to Domestic Violence, Sexual Assault, and Stalking (Dec 2014) 52.212-5 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (May 2019)

4 List of Attachments 5 Solicitation Provisions

5.1 Quote Submission Instructions

5.2 Evaluation and Award Methodology

52.209-7 Information Regarding Responsibility Matters (Oct 2018) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) 52.212-3 Offeror Representations and Certifications--Commercial Items (Oct 2018)

15B50419Q00000018 Page 3 of 41

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Post-Secondary Education Programs/AOE-Information Management Program Base Year: Effective Date of Award (EDOA) through 12 months. Estimated Maximum of 720 session per year.

(36 hours of college credit for 20 participants.)

720.000000 SS $____________ $___________________

0002 Post-Secondary Education Programs/AOE- Medical Transcription Program Base Year: Effective Date of Award (EDOA) through 12 months. Estimated Maximum of 720 session per year.(EDOA) through 12 months. (36 hours of college credit for 20 participants.)

720.000000 SS $____________ $___________________

0003 Post-Secondary Education Programs/AOE- Small Business Program A Base Year: Effective Date of Award (EDOA) through 12 months. Estimated Maximum of 720 session per year.(EDOA) through 12 months. (36 hours of college credit for 20 participants.)

720.000000 SS $____________ $___________________

0004 Post-Secondary Education Programs/AOE- Small Business Program B Base Year: Effective Date of Award (EDOA) through 12 months. Estimated Maximum of 720 session per year.(EDOA) through 12 months. (36 hours of college credit for 20 participants.)

720.000000 SS $____________ $___________________

0005 Post-Secondary Education Programs/AOE-Information Management Program Option Year 1: From 13 months through 24 months. Estimated Maximum of 720 session per year. (36 hours of college credit for 20 participants.)

720.000000 SS $____________ $___________________

0006 Post-Secondary Education Programs/AOE- Medical Transcription Program Option Year 1: From 13 months through 24 months.

(Estimated Maximum of 720 session per year36 hours of college credit for 20 participants.)

720.000000 SS $____________ $___________________

0007 Post-Secondary Education Programs/AOE- Small Business Program A Option Year 1: From 13 months through 24 months.

Estimated Maximum of 720 session per year. (36 hours of college credit for 20 participants.)

720.000000 SS $____________ $___________________

0008 Post-Secondary Education Programs/AOE- Small Business Program B Option Year 1: From 13 months through 24 months.

Estimated Maximum of 720 session per year (36 hours of college credit for 20 participants.)

720.000000 SS $____________ $___________________

0009 Post-Secondary Education Programs/AOE- Information Management Program Option Year 2: From 25 months through 36 months. Estimated Maximum of 720 session per year (36 hours of college credit for 20 participants.)

720.000000 SS $____________ $___________________

0010 Post-Secondary Education Programs/AOE- Medical Transcription Program Option Year 2: From 25 months through 36 months.

Estimated Maximum of 720 session per year(36 hours of college credit for 20 participants.)

720.000000 SS $____________ $___________________

0011 Post-Secondary Education Programs/AOE- Small Business Program A Option Year 2: From 25 months through 36 months.

Estimated Maximum of 720 session per year. (36 hours of college credit for 20 participants.)

720.000000 SS $____________ $___________________

0012 Post-Secondary Education Programs/AOE- Small Business Program B Option Year 2: From 25 months through 36 months.

Estimated Maximum of 720 session per year(36 hours of college credit for 20 participants.)

720.000000 SS $____________ $___________________

0013 Post-Secondary Education Programs/AOE- Information Management Program Option Year 3: From 37 months through 48 months. Estimated Maximum of 720 session per year. (36 hours of college credit for 20 participants.)

720.000000 SS $____________ $___________________

0014 Post-Secondary Education Programs/AOE- Medical Transcription Program Option Year 3: From 37 months through 48 months.

Estimated Maximum of 720 session per year. (36 hours of college credit for 20 participants.)

720.000000 SS $____________ $___________________

15B50419Q00000018 Page 4 of 41

0015 Post-Secondary Education Programs/AOE- Small Business Program A Option Year 3: From 37 months through 48 months.

Estimated Maximum of 720 session per year. (36 hours of college credit for 20 participants.)

720.000000 SS $____________ $___________________

0016 Post-Secondary Education Programs/AOE- Small Business Program B Option Year 3: From 37 months through 48 months.

Estimated Maximum of 720 session per year. (36 hours of college credit for 20 participants.)

720.000000 SS $____________ $___________________

0017 Post-Secondary Education Programs/AOE- Information Management Program Option Year 4: From 49 months through 60 months. Estimated Maximum of 720 session per year. (36 hours of college credit for 20 participants.)

720.000000 SS $____________ $___________________

0018 Post-Secondary Education Programs/AOE- Medical Transcription Program Option Year 4: From 49 months through 60 months.

Estimated Maximum of 720 session per year. (36 hours of college credit for 20 participants.)

720.000000 SS $____________ $___________________

0019 Post-Secondary Education Programs/AOE- Small Business Program A Option Year 4: From 49 months through 60 months.

Estimated Maximum of 720 session per year. (36 hours of college credit for 20 participants.)

720.000000 SS $____________ $___________________

0020 Post-Secondary Education Programs/AOE- Small Business Program B Option Year 4: From 49 months through 60 months.

Estimated Maximum of 720 session per year. (36 hours of college credit for 20 participants.)

720.000000 SS $____________ $___________________

Total aggregate pricing: __________________________

2.1 Pricing Methodology

The quantity of services to be provided by the contractor is estimated. These estimates are not a representation to an quoter or con-tractor that the estimated quantity will be required or ordered, or that conditions affecting requirements will be stable or normal. (FAR 16.503(a)(1) Contract pricing shall include all charges to the Government for providing the services required by the solicitation.

Pursuant to FAR 17.203(b), The Government's evaluation shall be inclusive of options.

The Government will evaluate quotes for award purposes by adding the total price of all options to the total price of the base year re-quirement. Pursuant to FAR 17.203(d), the quoter may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

2.2 Statement of Work

Subject

The Federal Bureau of Prisons, Field Acquisition Office, Grand Prairie, Texas intends to make a single award to a responsible entity for the provision of various college level courses leading to certification from an accredited post-secondary institution in the following fields of study: Information Management Systems, Medical Tran-scription, and Small Business Management. The courses offered in these programs will be provided for female offenders incarcerated at the Federal Prison Camp (FPC) located in Bryan, Texas. Successful completion of these courses must qualify inmates to earn college credit.

Place of Performance

The contractor shall perform in the Education Department at the FPC located at 1100 Ursuline Avenue, Bryan, Texas 77803.

Sessions

The estimated classroom participants is 20 inmates at the determination of the Supervisor of Education. The Government estimates total of 2,880 sessions (36 credit hours x 20 inmates x 4 courses) being provided for each class during each twelve month period. One session is defined as one hour in length.

15B50419Q00000018 Page 5 of 41

Classroom Schedule

Classes for Information Management, Medical Transcription and Small Business Program shall be taught in three semesters, not to exceed one calendar year, with each semester equaling 12 credit hours. Specific class schedules will be mutually agreed upon by both parties. Classes will not be held on weekends or federal holi-days.

Lab Instruction: The FPC will provide the contractor and instructors access to the computer lab during the fol-lowing hours:

Monday - Friday 7:30 a.m. – 10:30 a.m.

12:00 noon - 3:30 p.m.

Classes: Classes shall be instructed during the following hours:

Monday - Friday 7:30 a.m. – 10:30 a.m.

12:00 noon - 3:30 p.m.

5:00 p.m. - 8:00 p.m.

Due to the nature of the correctional setting, delays in performance of work may be experienced. Such delays may include but are not limited to inclement weather, electrical or mechanical problems, or other security mat-ters. These hours may be adjusted to meet the needs of the institution. A schedule that is mutually acceptable to the Government and the contractor can be determined after award of the contract. When contract employees report to the institution but are unable to perform services due to such delays, the contractor will be paid for one session. Normally, any remaining sessions for that day will be suspended and the contractor will be free to leave and the contractor will not be paid for the remaining unperformed sessions. However, if the institution re-quests that the contractor remain at the institution for eventual performance, the contractor shall be paid for such sessions. In the event of any absence, the contractor may make up his/her time so long as it does not exceed 30 hours in any given week. If the contractor fails to provide coverage, the Government may seek contractual rem-edy.

Education and Qualifications

The contractor shall not be a self-employed individual or individual employed by a post-secondary institution.

The contractor shall be recognized by the Department of Education as an Accredited Institution of Post Second-ary Education. The contract must be between FPC Bryan and a post-secondary institution, vocational training school or industry-based school.

The occupational education program must fall under the provider’s umbrella of accreditation and lead to an in-dustry-accepted certificate. Providers must be listed with the US Department of Education and able to receive/ provide fed government financial aid/assistance to their students: https://ope.ed.gov/dapip/#/home.

All contract staff assigned to provide instructional services as part of the resulting contract must be certified in the general field of post-secondary education with certification in their area of expertise. Contract teachers shall be certified to teach in the State of Texas. The contractor shall also provide pre-approved and qualified person-nel who will act as substitute instructors in the event of a scheduled instructor’s absence.

Supplies and Equipment All necessary supplies and classroom materials not including textbooks that the contractor may routinely need shall be provided by the Education Department at FPC Bryan. If specific materials are deemed necessary for the contractor to provide programming, he or she shall forward their request to the Contracting Officer’s Represent-ative (COR). The contractor shall be expected to account for all materials and supplies placed under his or her disposition. The contractor and contract instructors shall not bring in supplies without prior approval of the

COR.

The contractor personnel shall not bring in equipment and/or software without the approval of the COR. Any software necessary for the completion of the accredited program shall be provided by the contractor. The con-tractor will make recommendations to the Supervisor of Education pertaining to the selection and purchase of additional supplies and equipment.

Description of Duties The contractor will provide instruction for Post – Secondary Programs/College AOE Courses – Information Management, Medical Transcription and Small Business Programs in accordance with Bureau of Prisons Pro-gram Statement 5353.01, Occupational Education Programs, and Bureau of Prisons Program Statement 5300.21, Education, Training and Leisure Time Program Standards. (www.bop.gov.) The courses shall afford in-mates the opportunity to gain accredited college hours, which can be applied towards a college degree.

15B50419Q00000018 Page 6 of 41

The Supervisor of Education shall determine the minimum and maximum number of enrollments. Instructors placed on site by the contractor are responsible for the student attendance records, statistics, and certification records.

Description of Duties – Information Management Systems

The contractor shall provide instruction for students seeking employment or advancement in administrative field of studies. The 36 hours accredited certificate program shall place emphasis on acquiring communication, computer (latest MS Office Software), computational and management skills. Graduates of the program should be prepared to seek employment in occupations ranging from entry-level secretarial jobs to advanced positions as a staff assistant or office manager.

The program shall concentrate on the following accredited courses, but shall not be limited to the following:

1. Records and Information

2. Keyboarding/Document Processing

3. Business English

4. Introduction to Speech

5. Survey of Accounting I

6. Presentation of Media Software

7. Introduction to Word Processing

8. Business Calculation, Math & Machine Applications

9. Business Communication

10. Administrative Systems

11. Administrative Office Procedures

12. Advanced Word Processing

The contractor will be required to present a program curriculum packet and course outline for each program ele-ment. The outlines shall be periodically reviewed and updated by the contractor to assure quality program-ming. The contractor shall furnish upon request information or data that is needed to comply with the education data system. Such data information would include classroom enrollments, attendance records, and classroom completions.

Description of Duties – Medical Transcription

The contractor shall provide instruction to students in order for them to utilize their talents in a variety of healthcare settings or may choose to work out of their homes as employees of transcription services or as inde-pendent contractors. The 36 hours accredited certificate program shall develop a practical knowledge of medic-al terminology, anatomy, physiology, disease processes, and the internal organization of medical records.

The program shall concentrate on the following accredited courses, but shall not be limited to the following:

1. Records and Information Management

2. Keyboarding/Document Processing

3. Business English

4. Introduction to Speech

5. Medical Terminology

6. Introduction to Health Records

7. Introduction to Word Processing

8. Transcription I

9. Medical Coding

10. Pharmacology

11. Anatomy & Physiology

12. Transcription II

The contractor will be required to present a program curriculum packet and course outline for each program ele-ment. The outlines shall be periodically reviewed and updated by the contractor to assure quality program-ming. The contractor shall furnish upon request information or data that is needed to comply with the education data system. Such data information would include classroom enrollments, attendance records, and classroom completions.

Description of Duties – Small Business Program

The contractor shall provide instruction for students seeking employment or advancement in administrative field of studies. The 36 hours accredited certificate program shall place emphasis on acquiring communication, computer (latest MS Office Software), computational and management skills. Graduates of the program should be prepared to start and operate a small business. Topics should include facts about a small business plan, fin-ancial needs, marketing strategies, and legal issues. The student will learn about important issues related to

15B50419Q00000018 Page 7 of 41 small business; identify essential management skills required of a successful entrepreneur.

The program shall concentrate on the following accredited courses, but shall not be limited to the following:

1. Business English

2. Business Math

3. Introduction to Business

4. Business Computer Applications

5. Introduction to Accounting I

6. Small Business Operations

7. Personal Finance

8. Introduction to Speech and Communications

9. Computerized Accounting

10. Small Business Management

11. Business Communications

12. Entrepreneurship

The contractor will be required to present a program curriculum packet and course outline for each program ele-ment. The outlines shall be periodically reviewed and updated by the contractor to assure quality program-ming. The contractor shall furnish upon request information or data that is needed to comply with the education data system. Such data information would include classroom enrollments, attendance records, and classroom completions.

Attire The contractor is expected to wear professional clothing while on duty. The attire worn shall also be appropri-ate for the correctional environment in which the contract employee will be performing.

Inmate Management Provision of services will require frequent and unsupervised contact with inmates. The contract employee shall not be responsible for the management of any inmates, other than to ensure inmates involved within the con-tract’s scope of work abide by all rules to ensure their safety and well-being. The successful contractor shall at-tend the Institution Familiarization Orientation program prior to assuming institution involvement. Reimburse-ment to the contractor for the time spent in the institution orientation or other specific security related training will be at the contract rate. The contractor may, at any time, be removed from the institution at the discretion of the CEO. The contractor is to constantly be aware of security and maintain a professional relationship with in-mates at all times. Any violation of the institution rules and regulations are to be brought immediately to the at-tention of any Government employee employed at the institution. The contractor will be required to provide documentation to the COR, or designee, of any infractions of institutional rules and regulations by inmates for proper action.

Institution Security

The contractor/contract employees shall agree to all regulations prescribed by the institution for the safety, cus-tody, and conduct of inmates. All contract personnel providing services within the confines of the FPC shall have a complete investigation conducted in accordance with BOP Program Statement 3000.02, “Personnel Manual”. The contract employee will be required to sign in and out of the institution for accountability pur-poses. A badge will be issued and worn at all times for proper identification. All instructors and other applic-able staff who enter the FPC on a regular basis shall be required to attend a four-hour institution orientation pro-gram prior to assuming his or her responsibilities under the contract. A “refresher” orientation must be com-pleted annually.

2.3 Special Contract Conditions

The Government contemplates a single award of an indefinite delivery/requirements type contract with firm-fixed unit prices resulting from this solicitation. It is anticipated that the contract resulting from this solicitation will be awarded by August 1, 2019 and the ef-fective date of September 1, 2019.

The resulting contract will include a base year period from the Effective Date of Award (EDOA) through 12 months from the EDOA, four (4) possible 12-month option periods for renewal at the unilateral discretion of the Government. Quoters are advised that the Government has the unilateral right to exercise option periods in accordance with FAR 43.103(b) and 52.217-9, "Option to Extend the Term of the Contract.”

Base Year 1: Effective Date of Award (DOA) through August 31, 2020

15B50419Q00000018 Page 8 of 41

Option Year 2: September 1, 2020 through August 31, 2021 Option Year 3: September 1, 2021 through August 31, 2022 Option Year 4: September 1, 2022 through August 31, 2023 Option Year 5: September 1, 2023 through August 31, 2024

Place Of Performance: The place of performance is FPC Bryan 1100 Ursuline Avenue Bryan, Texas 77803.

Point of Acceptance: The point of acceptance is FPC Bryan, Texas

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

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

Payments will be denied when such service does not support the charges or if the service is deemed not necessary or appropriate. Such determinations may be made by the Contracting Officer or COR, whichever is appropriate. All records shall be subject to review by the Contracting Officer or other delegated representatives of the BOP.

Contracting Officer Responsibility: Authority to negotiate changes in the terms, conditions, or amounts cited in this contract is re-served to the Contracting Officer. This responsibility may be delegated to an Administrative Contracting Officer by the Contracting Officer.

The Administrative Contracting Office ACO: The Administrative Contracting Office ACO will be the FPC Bryan Contracting Of-fice in Bryan, Texas: Attn: Contract Specialist. This assignment carries with it the authority to perform all of the normal contract ad-ministration functions listed in FAR 53.302(IA) as items 1 through 71 to the extent that those functions apply to this contract. This as-signment also includes delegation of authority to perform those negotiation functions as specified in FAR 42.302(b) as item (1) through (11).

Authorized Ordering Officials: Delivery Orders/Task Orders may be issued by any properly warranted Bureau Contracting Officer located at FPC Bryan. Delivery Orders/Task Orders may be issued by any of the following methods: orally, facsimile, mail, or elec-tronic commerce methods.

The employees of the contractor entering the institution may be required to meet certain security requirements prior to entering the in-stitution. Primary concerns are the amount of contact that may occur between the contractor and his/her employees with the inmate population during the performance of the contract. Contract employees are allowed access to the institution at the sole discretion of the CEO of the institution. The program manager at FPC Bryan is responsible for conducting the appropriate law enforcement check on all contractor staff that may need access inside the prison facility. The following investigative procedure will be performed:

(1) National Crime Information Center (NCIC) check;

(2) Declaration of Federal Employment (OF-306);

(3) FD-258 (fingerprint check);

(4) Law Enforcement Agency checks;

(5) Vouchering of Employers;

(6) Employment Resume;

(7) Completed Contractor Pre-employment Questionnaire;

(8) Release of Information;

(9) Questionnaire for Sensitive Positions (SF-85 for Low Risk, SF-85P for above low risk);

(10) Credit Check, if applicable;

(11) Urinalysis, if applicable.

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

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

15B50419Q00000018 Page 9 of 41

Section 3 - Contract Clauses

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov

Clause Title Fill-ins (if applicable) 52.232-18 Availability Of Funds (Apr 1984)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Dec 2013)

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

Clauses By Full Text

52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from first day of the current performance period through last day of the performance period.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1, the Gov-ernment is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of 720;

(2) Any order for a combination of items in excess of 720; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in para-graph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regula-tion (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

15B50419Q00000018 Page 10 of 41

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limita-tions in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-21 Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this con-tract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified un-der this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Con-tractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Con-tractor shall not be required to make any deliveries under this contract after the last day of the current performance period.

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided that the Govern-ment gives the Contractor a preliminary written notice of its intent to extend at least 60 days days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years (months)(years).

(End of clause)

52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond September 30th. . The Government's obligation for per-formance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30th., until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I.

1. Long-Term Contractor Personnel:

15B50419Q00000018 Page 11 of 41

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

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

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

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

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

• High Risk - Background Investigation (5 year scope)

• Moderate Risk - Limited Background Investigation (LBI) or Minimum Background Investigation (MBI)

• Low Risk - National Agency Check with Inquiries (NACI) investigation

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

1) Favorable review of the security questionnaire form;

2) Favorable fingerprint results;

3) Favorable credit report, if required;3

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

and

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

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

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

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

2. Short-Term Contractor Personnel:

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

a. Favorable review of the security questionnaire form;

b. Favorable fingerprint results;

c. Favorable credit report, if required;5 and

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

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

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

3. Intermittent Contractors:

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

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

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

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

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

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

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

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

Notes:

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

2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-I identity proofing process, including initiation and adjudication of the required background investiga-

15B50419Q00000018 Page 12 of 41 tion, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-II) requires badge issuance to all affected long-term contractors.

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

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

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

[End of Clause]

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 absentee-ism 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 suc-cessful 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 contract-ors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropri-ate.

• 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 ab-sence, another responsible person in the contracting office via telephone or email messages acknowledging the contractor's notifica-tion. 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.