Amendment 0003 15B50520Q0000001.pdf

15B50520Q00000001/0003 Page 1 of 39

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER

3. EFFECTIVE DATE

06/25/2020

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

15BFA0CODE

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

Veronica Kaether Mills

(O) 972-352-4542 vmills@bop.gov

6. ISSUED BY 15B505CODE

Federal Bureau of Prisons FMC Carswell J Street Building 3000 Fort Worth, TX 76127

Stacy Boyd

(O) 817-782-4126 sboyd@bop.gov

7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NUMBER

15B50520Q00000001

CODE FACILITY CODE

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

X 9B. DATED (SEE ITEM 11)

06/05/2020

10A. MODIFICATION OF CONTRACT/ORDER

NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

ORDER NUMBER IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

This solicitation has been canceled until further notice.

This concludes amendment P0003.

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

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

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

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

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

X

06/25/2020

15B50520Q00000001/0003 Page 2 of 39

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

Section 2.1 Pricing Methology Section 2.2 Statement of Work - Horticulture Occupational Training Program Section 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-14-05 Contractor Notice Regarding DOJ Policy Statement 1200.02, Federal Workplace Responses to Domestic Violence, Sexual Assault, and Stalking (Dec 2014) DJAR-PGD-15-03 Security of Department Information and Systems FAR 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders - Commercial Items (May 2019)

4 List of Attachments 5 Solicitation Provisions

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005)

52.212-3 Offeror Representations and Certifications-Commercial Items (Mar 2020)

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Section 2 - Commodity or Services Schedule

Provision of Horticulture Services to be performed in accordance to the Statement of Work for the inmate population at FMC Carswell, Texas.

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Horticulture Services at FMC Carswell

Base Year: Effective Date of Award (EDOA) through 12 months.

Estimated Maximum.

Firm Fixed Price

PSC: U006

Base Period

Previous :

1,500

Change: 0

Current :

1,500

SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Horticulture Services at FMC Carswell

Option Year 1: 13 months from the EDOA through 24 months.

Estimated Maximum.

Firm Fixed Price

PSC: U006

Option Period

Previous :

1,500

Change: 0

Current :

1,500

SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Horticulture Services at FMC Carswell

Option Year 2: 25 months from the EDOA through 36 months.

Estimated Maximum.

Firm Fixed Price

PSC: U006

Option Period

Previous :

1,500

Change: 0

Current :

1,500

SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Horticulture Services at FMC Carswell

Option Year 3: 37 months from the EDOA through 48 months.

Estimated Maximum.

Firm Fixed Price

PSC: U006

Option Period

Previous :

1,500

Change: 0

Current :

1,500

SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Horticulture Services at FMC Carswell

Option Year 4: 49 months from the EDOA through 60 months.

Estimated Maximum.

Previous :

1,500

SS $________ $_________________

15B50520Q00000001/0003 Page 4 of 39

Firm Fixed Price

PSC: U006

Option Period

Change: 0

Current :

1,500

Section 2.1 Pricing Methology

Quoters are required to submit, as part of their quote, a completed copy of Section 2, “Commodity or Services Schedule.” The quanti ty of services to be provided by the Contractor is estimated. These estimates are not a representation to a quoter or contractor that the estimated quantities will be required or ordered, or that conditions affecting requirements will remain stable or normal. Contract pric ing shall include all charges to the Government for providing the services required by this solicitation/contract.

Pursuant to FAR 17.203(b), the Government’s evaluation shall be inclusive of options. The Government will evaluate quotes for a ward purposes by adding the total price of all options to the total price of the base year requirement. Pursuant to FAR 17.203(d), the quoters may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

Section 2.2 Statement of Work - Horticulture Occupational Training Program

Subject The Federal Bureau of Prisons, Field Acquisition Office, intends to make a single award to a post-secondary institution, vocational trai ning or industry-based school that will be responsible for providing instruction in Horticulture Instructor for the Horticulture Occupat ional Training Program for the Federal Medical Center (FMC) Carswell. Successful completion of the training program must qualify inmates for at least entry-level employment in a specified field upon release.

Place of Performance The Horticulture Instructor will conduct the Horticulture Occupational Training Program in the Education Department and/or garden area at the FMC Carswell. FMC Carswell is located at J Street, Building 3000, Fort Worth, Texas.

Schedule of Performance A session is defined as one hour. The contractor will normally provide six (1) hour sessions per day, 5 days per week, excluding Fe deral Holidays. Work hours will normally be Monday – Friday, 7:30 a.m. – 10:30 a.m. and 12:00 p.m. – 3:00 p.m. with a 30-minute unpaid lunch break. These hours may be adjusted to meet the needs of the institution. The contractor shall not normally exceed 30 hours per week. Estimated annual sessions are approximately 1,500 sessions per 12-month period. The sessions are on a requirement basis; therefore, schedule and sessions can changes. Courses should last four (4) months, with new courses starting immediately foll owing the completion of the previous course.

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 matters. When contract employees report to the ins titution but are unable to perform services due to such delays, the contractor will be paid for one session. Normally, any remaining se ssions for that day will be suspended and the contractor will be free to leave and the contractor will not be paid for the remaining unp erformed sessions. However, if the institution requests that the contractor remain at the institution for eventual performance, the con tractor 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 ex ceed 30 hours in any given week. If the contractor fails to provide coverage, the Government may seek contractual remedy.

Education and Qualifications The contractor shall not be a self-employed individual or individual employed by a post-secondary institution. The contract must be between FMC Carswell and post-secondary institution and or an vocational training school.

The occupational education program must fall under the provider’s umbrella of accreditation and lead to transferrable credits resulting in a college certificate, A.A., A.A.S. or A.S. degree. Providers must be accredited by a recognized accrediting agency. If required for employment, certification tests from outside organizations may be administered to individual inmates upon completion of a speci fic occupational education program. However, the individual skill competency certification will not replace the training program’s o verall accreditation.

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The occupational education program must lead to a college certificate, A.A., A. S., or A.A.S. certificate qualifying inmates for at leas t an entry-level position of employment. Credits earned from the college certificate, A.A., A.S., or A.A.S. must be transferrable to a f our-year college. The contractor shall possess a Bachelor’s Degree from an accredited college or university recognized in the United States Department of Education's Database of Accredited Postsecondary Institutions and Programs.

Four-year degree programs and programs in liberal arts/general studies are not authorized, although limited and specific courses of a li beral arts/general studies nature may be permitted if directly related to preparation for a specific occupation or vocation. The contrac tor must be certified as an instructor in Master Gardener Horticulture with a minimum of a Bachelor’s Degree in Horticulture Science s.

Supplies and Equipment The contractor will provide the following supplies, equipment, and curriculum materials: Certified tests; training aides; video demo nstrations; computer based software; and textbooks.

The contractor will make recommendations to the Supervisor of Education pertaining to the selection and purchase of additional suppl ies and equipment.

The institution will provide the following supplies, equipment, and curriculum materials: classroom space for instruction; an outdoor area to facilitate hands on training and development; water source; expendable containers; fertilizers; maintenance and up-keep of out door gardens and horticulture areas; related equipment; supplies; and educational materials.

Description of Duties The contractor will provide instruction for Horticulture Occupational Training Program in accordance with Bureau of Prisons Prog ram Statement 5353.01, Occupational Education Programs, and Bureau of Prisons Program Statement 5300.21, Education, Training and Leisure Time Program Standards.

Twenty-forty percent (20-40%) of the curriculum’s competencies must be hands-on replication of the actual work environment. App lication of hands-on work must be occupational in nature. An institution live work project may be utilized to demonstrate or apply hands-on competencies. Electronic or computer-based simulation does not satisfy the hands-on or live work requirement.

The Supervisor of Education must approve live work projects.

Marketable programs shall afford inmates the opportunity to gain in demand skills in a specific occupation, industry, or trade. The marketable program must qualify inmate graduates for at least an entry-level position in horticulture or landscaping. As a precondition of the proposal for the contract, the contractor shall specify in writing to the Supervisor of Education the position(s) of employment for which inmate graduates will be eligible to apply.

The Supervisor of Education has determined the minimum of class participants who will attend a full time program for a period of fou r (4) months is 25 inmate participants. Once the inmate participants complete the program, they will be reassigned to work details w hich will utilize their newly acquired skills and knowledge of the horticulture industry. A new class will resume after every four mont h program. Instructors placed on site by the contractor are responsible for the maintenance of transcripts, student attendance records, statistics, and certification records.

Certified testing will be provided by the contractor. The certification test must be provided and proctored by an accredited university or college towards a Horticulture Technician certificate completion. Any costs incurred with this service will be the responsibility of the contractor.

Scope of Performance The Horticulture Occupational Training Program focuses on providing inmates with basic knowledge and skills in landscaping and o rganic gardening in general and practical horticulture. Inmate participants will:

* Gain an understanding of the career opportunities in the broad, diverse, and rapidly expanding industry of horticulture.

* Identify the economic, aesthetic and social importance of horticultural plants.

* Obtain the competency necessary for greenhouse and field production of horticultural plants through on-site practical work experience.

* Acquire basic knowledge and skills necessary for gaining meaningful employment within horticulture related businesses an d industries through meaningful classroom and hands-on work experiences.

* Produce quality ornamental and edible plants for utilization and consumption at FMC Carswell, as well as, for use in com munity outreach programs.

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

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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 contract’s scope of work abide by all rules to ensure their safety and well-being. The successful contractor shall attend the Institution Familiarization Orientation program prior to assum ing institution involvement. Reimbursement to the contractor for the time spent in the institution orientation or other specific security related training will be at the contract rate, prorated hourly. 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 inmates at all times. Any violation of the institution rules and regulations are to be brought immediately to the attention of any Government employ ee 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 contract employee will be required to sign in and out of the institution for accountability purposes. A badge will be issued and wo rn at all times for proper identification. The contractor and all employees involved in the provision of services under this contract sh all meet certain security requirements prior to the provision of services. The Health Services Administrator is responsible for conducti ng the appropriate vouchering and criminal background checks (National Crime Information Center [NCIC]).

The contractor agrees to complete the necessary documents needed to complete the required security checks. An individual who does not pass the security clearance will be unable to perform services under the contract. If the resulting contract is to be awarded to an in dividual, all clearance procedures shall be applied prior to award. Individuals who do not pass the security clearance will not be award ed a contract. The final determination and completion of the security investigation procedures will be made at the sole discretion of th e institution. Any individual deemed not suitable by the BOP requirements will not be granted access to perform services under the c ontract. This is a condition of the contract. The contractor must be in compliance with Department of Justice regulations at 8 CFR 2 74a regarding the employment of aliens. A copy of the directive is available upon the contractor’s request. The Contractor, if an indivi dual other than a corporation, upon contract award must complete several Human Resource Management forms. The forms are refe renced as follows:

(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.

Non-Personal Services/Common Law Employee Information The service is a contractual arrangement 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.

Payment Terms Payment terms as specified in FAR 52.212-4(g) apply. The contractor shall provide a monthly invoice to the FMC Carswell – Accoun ting Department, which accurately reflects days worked, number of sessions, and the total amount due for the previous month’s servic

es. The due date for making an invoice payment by the designated payment office shall be the 30th day after the designated billing of fice has received a proper invoice, or the government has accepted the services performed by the contractor. The contractor can, how ever, offer discount payment terms for prompt payments as specified in block 12 on the SF-1449 form of this solicitation. Half sessi ons will not be authorized for payment.

Section 2.3 Special Contract Conditions

Type of Contract: The Government contemplates a single award of an indefinite delivery/requirements contract with firm-fixed unit prices resulting from this solicitation. It is anticipated that the contract resulting from this solicitation will be awarded in April 2020.

The resulting contract will include a base year period from the effective date of award (EDOA) through 12 months from the EDOA with four (4) possible 12-month option years for renewal at the unilateral discretion of the Government. Quoters are advised that the

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Government has the unilateral right to exercise options periods in accordance with FAR 43.103(b) and 52.217-9, “Option to Extend of the Contract.”

Performance Periods(s): The anticipated effective date of award (EDOA) is May 1, 2020.

Base Year: EDOA through 12 months from EDOA Option Year 1: 13 months from EDOA through 24 months Option Year 2: 24 months from EDOA through 36 months Option Year 3: 36 months from EDOA through 48 months Option Year 4: 48 months from EDOA through 60 months

Point of Acceptance: The point of acceptance from services is located at the Federal Medical Center (FMC) Carswell, in Fort Worth, Texas Non-Personal Services: The service is a contractual arrangement for and not a personnel appointment. Payment is based on the provi sion 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. The contractor shall attend all training required by the Bureau of Prisons for contract workers. The contractor will not be permitted to attend institution meetings, staff recalls or Government training sessions for institutions staff.

Contracting Officer Responsibility:

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

Ordering Officials: Task Orders may be issued by any properly warranted Bureau Contracting Officer located at FMC Carswell with an appropriate certificate of appointment. Each task order will identify the services schedule for that period. Task orders may be iss ued by any of the following methods: orally, facsimile, mail, or electronic commerce methods. Task order will take the form of a pur chase request only.

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 other r epresentative of the BOP.

Payments will be denied when such services does not support the charges or if the service is deemed not necessary or appropriate. Su ch 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 representative of the BOP.

Security and Investigative Requirements: The employees of the contractor entering the institution may be required to meet certain security requirements prior to entering the institution. Primary concerns are the amount of contact that may occur between the contrac tor 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 FMC Carswell 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.

In addition to the above procedures, Contractor employees must agree to undergo a urinalysis test (for the detection of marijuana and other drug usage). If a test result is positive, the individual(s) shall be excluded and the Contractor shall provide acceptable replaceme nt personnel subject to the same security requirements. Before a quote can be considered for award, the Contractor must agree to su bmit to the all the above security requirements.

Schedule of Required Insurance

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As required by FAR clauses 52.228-5 entitled "Insurance-Work on a Government Installation" the contractor shall, at its own expense, provide and maintain during the entire performance of the resulting contract, at least the kinds and minimum amounts of insurance required as listed below:

Workers Compensation & Employers Liability: The contractor shall comply with applicable Federal and State workers' compens ation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's comm ercial operations that it would not be practical to require this coverage. Employer's liability coverage of a least $100,000 shall be re quired, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carr iers. (FAR 28.307-2(a)) Comprehensive General Liability: $500,000 per accident on occurrence for bodily injury. This insurance shall include contractor's p rotective and liability (FAR 28.307-2(b)), and Automobile liability: (FAR 28.307-2(c)). Before commencing work under this contract, the contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. The policies evidence required coverage shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Go vernment's interest shall not be effective (1) for such period as the laws of the state in which this contract is to be performed, or (2) un til 30 days after insurer or the contractor gives written notice to the Contracting Officer, whichever period is longer.

The contractor shall insert the substance of this clause, including this paragraph, in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain insurance required in the schedule or elsewhere in the contract. The contractor shall maintain a copy of all subcontractor's proofs of required insurance, and shall make copies availab le to the Contracting Officer upon request.

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)

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

52.228-5 Insurance-Work on a Government Installation (Jan 1997)

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

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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 from the first day of the current performance period through the last day of the current 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 one session, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of the estimated quantities in the Schedule of Items within the current performance period;

(2) Any order for a combination of items in excess of the estimated quantities in the Schedule of Items within the current performance period; or

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

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitat ions in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice st ating 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 quanti ties of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contrac t may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "max imum" 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 co ntract.

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(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified unde r this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the u rgently 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 Contr actor shall not be required to make any deliveries under this contract after the last day of the effective 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 [notice to the Contractor prior to expiration of the current performance period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] before the contract expires. The preliminary no tice 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 30. The Government's obligation for perfo rmance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract p urposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30 of the base year or any option year exercised, until funds are made available to the Contracting Officer for perf ormance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

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

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

1. Long-Term Contractor Personnel:

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

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

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

c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position. O utlined below are the minimum BI requirements for each risk level:

* High Risk - Background Investigation (5 year scope)

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

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

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

1) Favorable review of the security questionnaire form;

2) Favorable fingerprint results;

3) Favorable credit report, if required;3

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

and

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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 Sec urity Questionnaire and the Federal Bureau of Investigation Criminal History Check (i.e., fingerprint check results).

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

2. Short-Term Contractor Personnel:

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

a. Favorable review of the security questionnaire form;

b. Favorable fingerprint results;

c. Favorable credit report, if required;5 and

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

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

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

3. Intermittent Contractors:

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

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

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

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

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

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

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

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

Notes:

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

2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-I identity proofing process, including initiation and adjudication of the required background inve stigation, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second p hase of HSPD-12 implementation (PIV-II) requires badge issuance to all affected long-term contractors.

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

4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations t o OPM. Per OPM ' s instructions, to obtain an Advance NAC Report, a Code " 3" must be placed in block " B " of the " Agency Use Only " section of the investigative form. This report is available for all case types.

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

[End of Clause]

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

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

The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce. Co ntractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission c ritical services, during a pandemic influenza or other emergency situation.

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

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

* 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 succe ssful 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 extende d 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 appro priate.

* 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 i f 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 w ork with the Department to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her absence, another responsible person in the contracting office via telephone or email messages acknowledging the contractor's notification. The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work di ligently 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 s upport 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]

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

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

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

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

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

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(e) When the Government receives notice of an unsafe condition from the contractor, the parties will agree on a course of action to mitigate the effects of that condition and, if necessary, the contract will be amended. Failure to agree on a course of action will cons titute a dispute under the Disputes clause of this contract.

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

(End of Clause)

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

(a)__________________ ,_______________________ , _________________________,______________________________, is her eby designated as the Contracting Officer's Representative (COR) under this contract.

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

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

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

For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commi tment, individuals or contractor employees providing…