15B50525Q00000021.pdf

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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 AND 30.

1. REQUISITION NUMBER

15B50526PR000036

PAGE 1 OF

5. SOLICITATION NUMBER

15B50525Q00000021

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

09/19/2025

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Angel R. Rivera Martinez a3rivera@bop.gov

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

TIME

10/07/2025 15:00 CT

CODE 15B505

Federal Bureau of Prisons

FMC Carswell

J Street

Building 3000

Fort Worth, TX 76127

9. ISSUED BY UNRESTRICTED OR X SET ASIDE:100.00 % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

8(A)

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

611511

SIZE STANDARD:

$13 Million

10. THE ACQUISITION IS

SEE SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

13b. RATING

X REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

CODE15. DELIVER TO CODE16. ADMINISTERED BY

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

CODE18a. PAYMENT WILL BE MADE BY

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 NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Provision of a Cosmetology Vocational Training Instructor to be performed in accordance with the Statement of Work for the inmate population at FMC Carswell, Texas Firm Fixed Price

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

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

X ARE ARE NOT ATTACHED

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

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE _____________________________

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)

Angel Rivera-Martinez

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

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19.

ITEM NUMBER

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. 11/2021) BACK

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Table of Contents

Section Description Page Number

Solicitation/Contract Form 1 Commodity or Services Schedule 2 Contract Clauses

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023) 52.216-18 Ordering (Aug 2020) 52.216-21 Requirements (Oct 1995) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.232-18 Availability of Funds (Apr 1984) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) DOJ-01 Whistleblower Information Distribution (Oct 2021) DOJ-02 Contractor Privacy Requirements (JAN 2022) DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021) DOJ-05 Security of Department Information and Systems (OCT 2023) DOJ-07 Prohibition On Access By Non-U.S. Citizens To DOJ IT Systems (MAR 2002) DOJ-08 Continuing Contract Performance During a Pandemic Influenza or other National Emergency (OCT 2007) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Jan 2025)

3 List of Attachments 4 Solicitation Provisions

52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023) 52.212-2 Evaluation-Commercial Products and Commercial Services (Nov 2021) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2024)

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Section 1 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 One (1) Cosmetology Vocational Training Instructor . See attached Statement of Work. Effective Date of Award (EDOA) through 12 Months from EDOA. Estimated Maximum

PSC: U006

1,500 SS $________ $_________________

Statement of Work

INTRODUCTION

The Federal Bureau of Prisons (BOP), Federal Medical Center- Carswell intends to make a single award to a responsible entity for the provision of One (1) Cosmetology Vocational Training Instructor. General information regarding the Bureau of Prisons (BOP) and its facilities is located at www.bop.gov. The Government reserves the right to award without discussion and make a single award. Therefore, each initial quote should contain the quoter's best terms from a cost or price standpoint. The base period of performance shall begin on the effective date of award through a 12-month period.

A. SERVICES TO BE PERFORMED

The BOP has requirement to offer inmates opportunities for improvement to their educational levels and workplace skills while being incarcerated. The agreement is for the purpose of providing Advance Occupational Training Program to the incarcerated students at Federal Medical Center, Carswell. The purpose of the classes is to train students for careers in the work force and to provide needed skills for RE-ENTRY employment in the community and to provide skills for existing work details within the institution. The Advanced Occupational Training Programs is to include, but is not limited to the following course:

Cosmetology The Contractor will direct a Cosmetology training program which will focus on required training for students to complete the Texas Department of License & Regulation Cosmetology license requirements. The initial training course is in place and will need to be maintained and updated as required by the State of Texas. The Contractor will work closely with the Supervisor of Education to establish all needed material/resources for this program.

C. PLACE OF PERFORMANCE

The training program will be performed at Federal Medical Center, Carswell. The Contractor will sign the log at control indicating the time of arrival to and departure. Half sessions will not be authorized for payment.

D. INSTITUTIONAL SCHEDULE

Due to the sensitive nature of the correctional environment, the contractor is expected to be prompt in reporting to work to support the inmate accountability policy. The courses shall be instructed using classroom hours with 6 hours of instruction per day or up to 30 hours of instruction per week.

The contractor shall instruct inmate students for one-hour sessions, sessions, typically from Monday - Friday, 8:00 A.M.-11:00 A. M. and 12:00 - 3:00 P. M., including a

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(1) hour unpaid lunch break from 11:00 A.M. - 12:00 P.M., excluding federal holidays. Hours may be adjusted to meet the needs of the institution. Estimated annual hourly sessions are approximately 1500 per 12-month period. The sessions are on a requirements basis therefore schedule and sessions can change.

The schedule shall not exceed thirty (30) hours per week, if the services are performed by an individual. The Contracting Officer’s Representative (COR) will be responsible for defining each weekly schedule. The schedule is subject to change based on the variable needs of the institution and the unpredictable nature of the correctional environment. Advance notice of schedule changes will be given whenever possible. Due to the nature of the correctional setting, delays in performance of work may be expected. Such delays may include, but are not limited to inclement weather, electrical or mechanical problems, or other security matters. In the event of any absence, the Contractor shall provide replacement coverage. The COR will be responsible for defining each schedule. The schedule is subject to change based on the variable need of the institution(s) and the unpredictable nature of the correctional environment. Upon agreement, any changes to the schedules must be coordinated with the COR assigned under this contract. The Contractor’s instructors will need to be at the institution at least fifteen (15) minutes prior to the start of their classes to be processed for entrance and escorted to the program area. The Contractor will notify the COR or Education Supervisor 24 hours in advance of class cancellation or any changes that may affect classes. The contractor must submit a leave slip for documentation of absence for time & attendance purposes upon return. If the Contractor fails to provide coverage, the Government may seek contractual remedy.

When contract employees report to the institution but are unable to perform services due to such delays, the Contractor will be paid for one (1) session. Normally, any remaining sessions for that day will be suspended and the Contractor will be free to leave. The Contractor will not be paid for the remaining unperformed sessions. However, if the institution requests that the Contractor remain at the institution for eventual performance, the Contractor shall be paid for such sessions. The contractor must provide a time & attendance sheet to the COR each pay period.

E. SCOPE OF SERVICES

The contractor will make available, on a nondiscriminatory basis, Advanced Occupational Training Program with an emphasis in Cosmetology consistent with the requirements of this solicitation. The rules and procedures of Federal Medical Center, Carswell, and all applicable Federal and State laws and regulations in effect during the term of this contract will be adhered to. Due to state statute and licensure requirements, the contractor must provide an instructional program that meets the minimum established state educational requirements for Cosmetology programs. The instructor is required to have an extensive knowledge in teaching the areas related to, at a minimum, the 1,000-hour program recognized by the Texas Department of License and Regulation department. The manner and method of performing the tasks outlined in the statement of work are the sole responsibility and within the sole discretion of the contractor. The contractor shall perform in accordance with accepted professional standards and the methods and guidelines referenced above.

• Provide instruction in Cosmetology as set forth in Lesson Plans and Curriculum created by accrediting school.

Establishment of a permanent record of vocation training completed.

• Provide instruction consistent with course requirements provided by accrediting school.

• Enhance course instruction with Live Work and On-The-Job training to meet accrediting school’s expectations.

• Examination and evaluation of students to determine mastery of course work.

F. PROGRAM/CLASSROOM MANAGEMENT

1. The Contractor will train students in Cosmetology with skills to include:

a) Every student will be on a program plan to complete a course study consisting of the minimum state requirements.

b) Students shall perform practical work for the first three hundred hours on manikins only.

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2. The Contractor will provide training program that consists of twenty percent (20%) classroom training and eighty percent (80%) live work. (The live work will be performed by students being directly supervised in the completion of the live work on students and/or inmates at the institution using the most up-to-date equipment, to plan work/activity schedules, for understanding this career field.)

3. A course outline which provides job entry skills is required. This course description/outline will provide entry and completion requirements for vocational training.

4. Activities will include various professionally accepted teaching methodologies, which include lectures, class work and individual work. Safety regulations will be adhered to at all items.

5. The Contractor will also have duties and responsibilities for the maintaining of supplies and inventories. The contractor will assist in paperwork which will be completed for testing the inmate participants for certification in this program. The estimated inmate enrollment will be equivalent to a 25-student minimum per class. The contract will ensure the instruction in each program area includes those components that will lead to successful completion of that course.

Certificates of Completion for each course will be awarded to each student upon successful completion.

G. SUPPLIES AND EQUIPMENT

Classroom equipment, books, and other related supplies will be provided by Federal Medical Center, Carswell. Equipment not provided by the Education Department will be provided by the contractor. The Contractor and/ or their instruction(s) will not bring in or remove any equipment, tools or class supplies without prior approval of the Supervisor Education.

H. ACADEMIC, EXPERIENCE AND/OR SPECIAL QUALIFICATIONS REQUIREMENTS

The successful contractor shall possess a Vocational Certification in Cosmetology from an accredited college, technical school or university and/or experience in instruction in a cosmetology field and be certified by the Texas Department of License & Regulation as a Cosmetology Instructor and maintain a valid license. The instructor must meet the teacher certification requirements for the state of Texas, have at least one year's experience in a related field, and have an extensive knowledge of teaching the areas related to the 1,000-hour program.

All contract instructors assigned to provide instruction as part of this contract must demonstrate knowledge of cosmetology.

Quoters must specifically identify the individual that will be performing these services under any subsequent contract award. The quoter must provide proof that their candidate meets all qualifications. The candidate’s name and qualifications must be submitted at the time the quote is submitted. All Contractors must submit with their quote a resume, photocopies of documents evidencing accreditation, education, and training.

I. INMATE MANAGEMENT

The Contractor must agree to adhere to all regulations prescribed by Federal Medical Center, Carswell for the safety, custody, and conduct of inmates. The custody of federal inmates remains a primary responsibility of the designated facility. The provision of services under this contract will require frequent and unsupervised contact with inmates. The contractor will not be responsible for the management of inmates except to ensure that those inmates involved in activities within the contractor’s scope of work shall abide by all rules, in effect, to ensure the safety and well-being of all participants. The contractor will report any infractions of rules of regulations by any inmate to the Supervisor of Education, the respective facility, or the Contracting Officer’s Representative (COR).

J. CURRICULUM DEVELOPMENT

a. The Contractor shall be capable of teaching adult students at high school level. The Contractor shall use a variety of teaching techniques to include classroom lectures. The Contractor will update the curriculum as needed to include current skills. Both the Contractor and Supervisor of Education must approve any changes in scheduled programming to the curriculum. The Contractor shall provide a written course syllabus to each student enrolled in the program and copies for the Supervisor of Education or COR. The syllabus shall include

15B50525Q00000021 Page 7 of 64 the topic, date, and the name of the instructor for each session. A weekly and monthly report of hours logged for each student, an inventory of equipment supplies in/out, and a report of pertinent student conduct/assessment of progress for each student will be provided to the Supervisor of Education or

COR.

The following subjects will be taught:

• Theory & Classroom Instruction 75 Hours

a. Orientation

b. Career Information

c. State Laws & Regulations

d. Professional Image

e. First Aid

f. Chemistry

g. Electricity

h. Job Seeking

i. Professional Ethics

• Bacteriology, Decontamination, Infection Control 75 Hours

1. a. a. Types & Classifications of Bacteria, Growth & Reproduction

b. AIDS, Biology, Health & Public Sanitation

c. Disinfection, Sterilization, Sanitation, Chemical Agents & Products

d. OSHA

e. Tools, Equipment Use and Safety, Practical Application of Procedures

• Shampoo, Rinses, Scalp Treatment, & Related Theory 75 Hours

a. Properties of Hair & Scalp, Hair Growth

b. Hair Analysis & Scalp Care & Practical Application Procedures

c. Shampooing & Related Theory, Practical Application Procedures

d. Chemistry & Use of Shampoo & Conditioning Products

• Hairstyling & Hair Related Theory 150 Hours

a. Tools & Their Use

b. Wet Hairstyling, Finger Waving, Pin Curls, Roller Curls, Comb-Out Techniques, Braiding, & Practical Application

Procedures

c. Thermal Hairstyling and Pressing, Curling Irons, Blow-Dry Styling, Air Waving, & Practical Application

Procedures

d. Artistry of Artificial Hair

• Hair Cutting & Related Theory 150 Hours

a. Basics of Hair Cutting, Tools & Their Use & Safety

b. Sectioning & Practical Application of Procedures, Guides, Elevations, Cutting High Elevation, Reverse

Elevation, Blended Elevation, & Practical Applications & Procedures

c. Razor, Clipper, And Scissor-Over-Comb Technique, Special Effects & Practical Application Procedures

• Hair Coloring & Related Theory 150 Hours

a. Introduction, Nature’s Color, Client Communication, Color Theory

b. Types of Hair Color, Temporary, Semi-Permanent, Oxidative Deposit-Only, Non-Oxidative

Permanent, Oxidative Lift-Deposit, Hydrogen Peroxide Developers, Chemistry of Hair Coloring

c. Color Application Techniques & Practical Application Procedures

d. Hair Lightening, Special-Effects Highlighting, & Practical Application of Procedures

• Chemical Rearranging (texture services) and Related Theory 150 Hours

a. Introduction & History, Modern Chemistry, Perm & Relaxing Products, Chemistry of Products

b. Hair Structure & Chemical Reformation, Rod Selection, Sectioning & Wrapping Techniques

c. Perming Techniques & Practical Application of Procedures

d. Steps in Chemical Relaxing Processes, Chemical Blow-Out, Soft Curl Permanent, Safety Precautions, &

Practical Application Procedures

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• Manicuring & Pedicuring & Related Theory 50 Hours

a. The Nail & Its Disorders

b. Introduction, Shapes of Nails, Equipment, Implements, Cosmetics, & Materials

c. Preparation of Manicuring Table, Plain Manicure, Safety Rules, Individual Nail Styling, Theory of Massage, Hand & Arm Massage, Other Types of Manicures, & Practical Application Procedures

d. Preparation of Makeup Application & Cosmetics for Facial Makeup, Chemistry of Cosmetics, Makeup Application Techniques, & Practical Application of Procedures

e. Lash & Brow Tinting, Artificial Eyelashes, & Practical Applications of Procedures

f. Removing Unwanted Hair and Practical Application of Procedures

• Facials & Related Theory 50 Hours

a. The Skin & Its Disorders

b. Introduction to Facial Treatments, Facial Massage, Facial Manipulations, & Practical Application of Procedures

c. Facials for Dry Skin, Oily Skin, Comedones, Millia, Acne Packs & Masks, Light Therapy & Safety

d. Preparation for Makeup Application & Cosmetics for Facial Makeup, Chemistry of Cosmetics, Makeup Application Techniques, & Practical Application of Procedures

e. Lash & Brow Tinting, Artificial Eyelashes, & Practical Application of Procedures

f. Removing Unwanted Hari and Practical Application of Procedures

• Salon Business, Retail Sales 50 Hours

a. Introduction & Fundamentals of Business Management, Opening a Salon, Business Plan, Written Agreements

b. Licensing Requirements & Regulations Laws, Safely

c. Compensation Packages, Payroll Deductions, Insurance

d. Salon Operations, Policies, Practices, Telephone Use, Advertising

e. Sales Communications, Public & Human Relationships

f. Securing Employment

• Miscellaneous 25 Hours

a. Miscellaneous items will be applied by the instructor to strengthen student performance; additional topics may be identified by institutional Advisory Council as relevant to current trends within the industry or other related training.

K. INSTITUTION SECURITY AND INVESTIGATIVE REQUIREMENTS

The Contractor agrees to adhere to all regulations prescribed by the institutions in regard to the safety, custody, and conduct of inmates. The Bureau of Prisons requires all non-employees to sign in and out of the institution for security reasons and periodic drug detection screening using IONSCAN® technology. The Contractor will be required to attend a one-time orientation program, consisting of approximately four (4) hours, prior to performing any services under this contract. The date and time for this orientation will be mutually agreed upon by both parties, and reimbursement for attendance will be at the hourly contract rate.Security and Investigative Requirements: The employees of the contractor entering the institution may be required tomeet certain security requirements prior to entering the institution. Primary concerns are the amount of contact that mayoccur between the contractor and his/her employees with the Adult in Custody population during the perfomance of theBPA.

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 thatmay need access inside the prison facility. The following investigative procedures 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;

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(7) Completed Contractor Pre-employment Questionnaire;

(8) Release of Information;

(9) Questionnaire for Sensitive Positions;

(10) Credit Check, if applicable;

(11) Urinalysis, if applicable.

Quoters should also note that clause DOJ-03, Personal Security Requirements for Contractor Employees (Nov 2021)requires that contractor personnel have a "favorable credit report." Quoters are strongly encouraged to pre-screenpotential candidates for credit issues before submitting the candidate to FMC Carswell. By submitting a quote for service,the contractor and its employees agree to complete the required documents and undergo the listed procedures.

Anindividual who does not pass the security clearance will be unable to enter the Bureau facility. Any individual employedby the contractor who is deemed not suitable by the Bureau requirements will not be granted access to perform servicesunder the BPA. This is a condition of the BPA. Finally, the contractor shall be in compliance with 8 CFR 274a regardingemployment of aliens.

L. RESTRICTIONS ON CONTRACT WORKERS

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

M. PERFORMANCE CONDITIONS

The Contractor has sole responsibility and discretion for choosing and implementing the manner and method of performing tasks outlined in this Statement of Work as long as the requirements are met in accordance with the policies described above.

The services, although not directly supervised, shall be reviewed by institution Education staff to ensure contract compliance. Contract monitoring reports will be prepared by the COR and maintained in the contract file.

N. NONPERSONAL STATUS

Award of this contract will result in a contractual arrangement only. The service is a contractual arrangement and not a personnel appointment; Payment is based on an end product or the accomplishment of a specific result; The service does not constitute an employer/employee relationship; and The Contractor will not be subject to Government supervision, except for security related matters. However, Contractor performance shall be monitored. All duties outlined in this Statement of Work shall be performed in accordance with standards and methods generally accepted within the Contractor’s own field of expertise. The COR will periodically evaluate the Contractor’s performance. In this evaluation, if the performance of the Vocational Instructor is deemed unacceptable, that provider will no longer perform those duties. In that event, the Contractor will be responsible for replacing the contract worker.

O. PAYMENT TERMS

Contractor must provide a means for electronic payment to include bank routing and account number. Payment terms as specified in FAR 52.212-4(g). The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903 and prompt payment regulations at 5 CFR Part 1315. The Contractor can however offer discount payment terms for prompt payments as specified in block 12 on the SF-1449 form of this solicitation. Partial or half sessions will not be authorized for payment.

Contractor, if an individual other than a corporation, upon contract award must complete several Human Resource Management forms. The forms are referenced as follows:

1. Direct Deposit (SF-1199A)

2. Federal/State/City/County Tax forms (as applicable)

3. Employee Locator Form (DOJ-233)

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4. Race and National Origin Identification (SF-181)

5. Self-Identification of Handicap (SF-256)

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Section 2 - Contract Clauses

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights--

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

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(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

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(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction

15B50525Q00000021 Page 14 of 64 of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C.

40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, 15B50525Q00000021 Page 15 of 64 fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023)

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 Full Text

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies established at 41 U.S.C. 4712 and Federal Acquisition Regulation (FAR) 3.900 through 3.905.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in FAR 3.900 through 3.905.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts.

(End of clause)

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

(a) Definitions. As used in this clause--

"Electronic Funds Transfer (EFT) indicator" means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

"Registered in the System for Award Management (SAM)" means that--

15B50525Q00000021 Page 16 of 64

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record "Active".

"System for Award Management (SAM)" means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes--

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

"Unique entity identifier" means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(d) (1) (i) If a Contractor has legally changed its business name or "doing business as" name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to--

(A) Change the name in SAM;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims).

Assignees shall be separately registered in the SAM. Information provided to the Contractor's SAM record that indicates

15B50525Q00000021 Page 17 of 64 payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(e) Contractors may obtain additional information on registration and annual confirmation requirements at https:// www.sam.gov.

(End of clause)

52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023)

(a) Definitions. As used in this clause--

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)--

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive…