RFQ USP Atwater Rev.1 (NAICS updated).pdf

15B61827Q00000002 Page 1 of 19

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

1. REQUISITION NUMBER

15B61827PR000059

PAGE 1 OF

5. SOLICITATION NUMBER

15B61827Q00000002

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

10/27/2026

7. FOR SOLICITATION

INFORMATION CALL:

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

TIME

11/13/2026 09:00 PT

CODE 15B618

Federal Bureau of Prisons

USP Atwater

1 Federal Way

Atwater, CA 95301

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):

561621

SIZE STANDARD:

$25.0 MILLION

10. THE ACQUISITION IS

SEE SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

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 CODE 15B61816. ADMINISTERED BY

Federal Bureau of Prisons USP Atwater 1 Federal Way Atwater, CA 95301

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

15B618CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons USP Atwater 1 Federal Way Atwater, CA 95301

ATW-BUSINESSOFFICE-S@BOP.GOV

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

FY27 FIRE ALARM SYSTEM INSPECTIONS

Note: Services rendered under this order are subject to DOL Wage Determination 2015-5617, Revision28.

Wage rates can be found out https://sam.gov/ wagedetermination/ 2015-5617/28 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

ARE X ARE NOT ATTACHED

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

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: 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)

John Ridgeway

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

Federal Bureau of Prisons USP Atwater 1 Federal Way Atwater, CA 95301

15B618

15B61827Q00000002 Page 2 of 19

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

15B61827Q00000002 Page 3 of 19

Table of Contents

Section Description Page Number

Solicitation/Contract Form

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

1 Commodity or Services Schedule 2 Contract Clauses

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.212-4 (DEV) Terms and Conditions-Commercial Products and Commercial Services (Nov

2023) (DEVIATION NOV 2025)

52.219-6 (DEV) Notice of Total Small Business Set-Aside (Nov 2020) (DEVIATION DEC 2025) 52.222-3 (DEV) Convict Labor (June 2003) (DEVIATION DEC 2025) 52.222-36 (DEV) Equal Opportunity for Workers with Disabilities (Jun 2020) (DEVIATION

DEC 2025)

52.222-41 (DEV) Service Contract Labor Standards (Aug 2018) (DEVIATION DEC 2025) 52.222-50 (DEV) Combating Trafficking in Persons (Oct 2025) (DEVIATION DEC 2025) 52.222-55 (DEV) Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan

2022) (DEVIATION DEC 2025)

52.222-90 Addressing DEI Discrimination by Federal Contractors (APR 2026) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) 2852.201-70 Contracting Officer's Representative (COR) (NOV 2020) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (NOV 2020) DOJ-02 Contractor Privacy Requirements (JAN 2022)

3 List of Attachments 4 Solicitation Provisions

52.212-1 (DEV) Instructions to Offerors-Commercial Products and Commercial Services (Sep

2023) (DEVIATION NOV 2025)

52.212-2 (DEV) Evaluation-Commercial Products and Commercial Services (Nov 2021)

(DEVIATION NOV 2025)

15B61827Q00000002 Page 4 of 19

Section 1 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Annual Fire Detection System Alarm/Pull Station Testing (Simplex) Per the Statement of Work

Approximately 15 fire alarm panels, 35 fire alarm annunciators, 540 smoke heads, 240·pull stations, 45 heat detectors, 140 duct detectors, 60 flow switches, 70 tamper switches at a United States Penitentiary.

March

NFPA 72 and any other applicable standards

PSC: J063

1 $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Annual Fire Sprinkler/Riser test

Per the Statement of Work

Approximately 53 wet risers, 3 dry risers, and 2 electric fire pumps, at a United States Penitentiary.

January

NFPA 25 and any other applicable standards.

PSC: J063

1 $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Semi-Annual Inspection/Maintenance ANSUL Kitchen Hood Fire Systems

Per the Statement of Work

Requested Specification: Semi-annual inspection/maintenance of approximately 9 kitchen hood fire system in 2 kitchens located at the Federal Penitentiary in Atwater, California. Service shall include inspecting every pull station in every food prep station in the USP and Camp kitchens. Also replace or clean every fire system spray nozzle, replace every fusible link in the hood system, and replace fusible links in the chemical/battery storage at the Camp kitchen. Inspection/maintenance must be conducted in accordance with NFPA 96(11) and any other applicable standards.

PSC: J063

0 $________ $_________________

*Vendors must be registered in SAM.gov*

Statement of Work (SOW) Statement of Work (SOW)

STATEMENT OF WORK

A. OBJECTIVE & SCOPE

1. The Federal Bureau of Prisons (FBOP), United States Penitentiary in Atwater, California intends to make a single award to a qualified responsible entity to perform (1) Annual Fire Detection System testing, (1) Annual Fire Sprinkler/Riser Testing, and (2) Semi-Annual ANSUL Kitchen Hood Fire System Maintenance. They are located at United States Penitentiary Atwater, 1 Federal Way, Atwater, CA 95301. It is the Contractor’s responsibility to obtain permitting, should it be required.

15B61827Q00000002 Page 5 of 19

1. The contractor is responsible for ensuring all inspections, testing, and maintenance (ITM) comply with the most current editions of these codes, standards, and institutional mandates:

1. NFPA 72 (National Fire Alarm and Signaling Code)

2. NFPA 25 (Standard for the Inspection, Testing, and Maintenance of Water-Based Fire

Protection Systems)

3. NFPA 96, Chapter 11 (Standard for Ventilation Control and Fire Protection of Commercial

Cooking Operations)

A. APPLICABLE FIRE PROTECTION INVENTORY:

1. The contractor shall test and inspect the following three (3) active fire safety systems:

Item No. Type Description Qty Code Mandate Month

Required 001 Annual Fire

Detection System

Alarm/Pull Station Testing

(Simplex)

Approximately 15 fire alarm panels, 35 fire alarm annunciators, 540 smoke heads, 240·pull stations, 45 heat detectors, 140 duct detectors, 60 flow switches, 70 tamper switches at a United States Penitentiary.

1 NFPA 72 and any other applicable standards

March

002 Annual Fire Sprinkler/ Riser test

Approximately 53 wet risers, 3 dry risers, and 2 electric fire pumps, at a United States Penitentiary.

1 NFPA 25 and any other applicable standards.

January

003 Semi-Annual Inspection/Ma intenance ANSUL Kitchen Hood Fire Systems

Approximately 9 kitchen hood fire systems in 2 kitchens and 1 Chemical/

Battery storage locker located at the Camp and Penitentiary.

Service shall include inspecting every pull station in every food

2 NFPA 96(11)

and any other applicable standards.

April & September

15B61827Q00000002 Page 6 of 19 prep station in the Camp and Penitentiary kitchens. Also replace or clean every fire system spray nozzle and replace every fusible link in the hood system.

C. DELIVERY LOCATION:

1. Delivery hours for the vendor are 7:30 AM – 2:30 PM, Monday through Friday, excluding weekends and federal holidays. Any delivery required to be completed at any other time than noted above must be re-scheduled accordingly.

2. The Facilities Department will assign a staff member authorized to receive or sign for any deliveries made to the site. At no point will a Bureau of Prisons (BOP) staff member receive or sign for a delivery if the vendor or his/her representative is not present to verify and accept the delivery.

3. The location of the delivery or drop-off site shall be coordinated accordingly with the Institution assigned to receive the delivery. Access to the site will be available during normal working hours except during emergencies.

4. The vendor shall be responsible for providing their own means of loading and unloading for the equipment.

5. Delivery will be freight dock to facilities dock with no additional freight charges all liability and coverage for equipment during transit is on vendor.

D. STANDARD REQUIREMENTS AND TERMS:

1. Compliance: All items must comply with relevant safety and industry standards (e.g., UL, ANSI, ASME, etc.) applicable to evaporator and condensing units components.

2. Federal Acquisition Regulation (FAR): This procurement is subject to simplified acquisition procedures as outlined in FAR Part 8.405-1 and FAR Part 13.

3. Warranty: Quoters shall state the warranty period for all provided parts.

4. Quote Validity: Submitted quotations must remain valid for a period of no less than thirty (30) days from the closing date of the RFQ.

5. Invoicing: Invoices shall be submitted to the address specified in the final Purchase Order.

6. System for Award Management (SAM): All contractors must be registered in the System for Award Management (SAM).

E. SUBMISSION INSTRUCTIONS:

1. Quotations shall be submitted electronically to ATW-Facilities-S@bop.gov as a single PDF document. The email subject line must include the RFQ Number.

2. For any questions regarding this RFQ, please contact Mr. Marcos Martinez, Facility Manager, 209-386-4852, or email at mmartinez@bop.gov.

II. CONTRACTOR SECURITY, UTILITIES, AND WORKING REGULATIONS

15B61827Q00000002 Page 7 of 19

A. INSTITUTIONAL WORK HOURS & SITE ACCESS

1. Operating Hours & Delivery Window:#The contractor and subcontractors shall conduct all on-site operations Monday through Friday,#7:00 AM to 3:00 PM, with a dedicated delivery window of#7:30 AM to 2:30 PM. No work or deliveries shall be performed on weekends or federal holidays.

1. Off-Hours Authorization:#Any project activities required outside of standard operating hours must be submitted in writing to the Contracting Officer's Representative (COR) at least#five (5) working days in advance. Final approval must be granted by the institution's Warden. Alternate hours may be authorized exclusively for tasks causing critical institutional downtime.

1. Emergency Disruption & Security Delays:#The Government is not liable for reduced working hours resulting from routine worker entry/exit protocols, inmate movements, or unannounced institutional lockdowns. In the event of an institutional emergency:

a. Contractor personnel must immediately secure all tools, equipment, and materials.

a. Personnel will be escorted out of the secure perimeter by institutional staff.

a. Project operations will resume only after the emergency is officially resolved.

1. Designated Parking:#All contractor and subcontractor vehicles shall park only in locations specifically assigned by the Contracting Officer’s Representative (COR). Parking assignments may be modified at any time based on institutional needs. All personnel must comply with posted signage and COR directives regarding vehicle placement. Vehicles parked outside designated areas are subject to#be removed#from the facility grounds.

A. TEMPORARY FACILITIES, TOOL CONTROL & STORAGE

1. Office Trailers and Storage Containers: All trailers and storage containers require written approval from the COR and must be kept locked within a designated staging area located entirely outside the secure perimeter fence.

1. Daily Inventory:#All tools must be inventoried upon entry and exit of the institution. A daily#Tool Inventory Sheet#must be maintained; any missing tools must be reported to the COR immediately.

1. Storage (Gang Boxes):#All tools and equipment must be stored in a secure, lockable gang box in a location designated by the COR. The box shall be#double locked#with both a Contractor and a Federal Bureau of Prisons lock.

1. Ladders and Extension Cords:#All ladders must be chain-locked to a fixed structure in a predetermined area when not in active use. Extension cords must be in good condition, with no damaged insulation, and stored in a locked gang box.

C. SECURITY REQUIREMENTS AND ESCORTING & DAILY REPORTS

1. Background Clearances:#All Contractor and Subcontractor personnel must pass a National Criminal

Information Center (NCIC) background check. Documentation must be submitted to the institution at least14 calendar days#prior to arrival.

1. Entry/Exit Screening:#All personnel must pass through security screening daily, including metal detectors. Entry and exit times are subject to institutional routines.

1. Escort Requirements:#Contractor personnel shall be#always escorted by FBOP staff#while inside the secure perimeter. A minimum of one (1) escort will be provided to allow access to required work areas.

1. Mandatory Weekly Submission of Daily Construction Reports

15B61827Q00000002 Page 8 of 19

Reporting Requirement: The Contractor’s site superintendent must maintain a detailed Daily Construction Report for every day personnel are active on the property. These accumulated daily records must be compiled and submitted as a single weekly reporting package to the COR at the end of every work week (no later than 3:00 PM every Friday). Each daily log sheet inside the weekly package must clearly document:

a. A precise headcount of all prime and sub-contractor personnel on site, broken down by specific trade.

a. A clear description of all work completed, major milestones reached, and equipment installed that day.

a. Verifiable tracking of all material deliveries received and processed on-site.

a. Official weather conditions, including any environmental delays that impacted the work schedule.

a. Safety and security tracking, including confirmation of daily tool inventory counts, successful Lock-

Out/Tag-Out (LOTO) applications, and a statement verifying zero security or safety incidents occurred during the shift.

A. SAFETY

1. PPE:#Industry-standard Personal Protective Equipment (PPE) must be#always worn.

1. Lock-Out/Tag-Out (LOTO):#All electrical or mechanical isolation must strictly comply with the

Institution’s LOTO program. Both Contractor and Institution locks must be present at isolation points.

E. UTILITIES

1. Utilities:#The Government will provide access to existing facility construction-grade electrical drops and water supply lines as requested. Any specialized power conversion equipment or hoses will be supplied by the contractor.

1. Sanitation:#Temporary Toilets and Sanitation

a. Contractor Provided: The Contractor must provide, maintain, and service their own portable chemical toilets for their workforce. Contractor personnel are strictly prohibited from using staff or institution restrooms inside the secure area.

a. Location and Cleaning: Portable toilets must be placed in a location designated by the COR. The Contractor must arrange for these units to be cleaned and pumped out at least once a week during the designated delivery window.

F. HOUSEKEEPING

1. Daily Cleanup: The Contractor must clean the work and staging areas daily. All trash, paint cans, and scrap materials must be collected and secured before leaving the site each afternoon.

1. Dumpster Controls: If a dumpster is required, it must be placed outside the secure perimeter fence in the designated staging area. The dumpster must be fitted with a structural lid and locked with a heavy-duty padlock at the end of every workday to prevent unauthorized access or safety hazards.

G. PROHIBITED CONTRABAND & DRESS CODE MANDATES

1. Electronic Device Restrictions:#Contractor personnel are strictly prohibited from bringing smartphones, cellular devices, smart watches, cameras, two-way pagers, or Bluetooth-enabled equipment into the secure side of the institution. Necessary project documentation photographs

15B61827Q00000002 Page 9 of 19 will be captured by the Facilities Department using a government-issued camera, and copies may be requested through the COR.#Final O&M manual data must be delivered via hard copy or a pre-screened government-approved CD-ROM/USB drive

1. Prohibited Uniform Apparel:#Contractor personnel must wear professional, appropriate industrial work attire. To prevent confusion with inmate uniforms, clothing colored green, khaki, or orange is strictly prohibited within the institutional perimeter.

1. Tobacco & Smoking Ban:#Smoking and the possession of tobacco products, matches, or lighters are strictly prohibited inside all federal structures and across all federal facility grounds.

15B61827Q00000002 Page 10 of 19

Section 2 - Contract Clauses

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

2023) (DEVIATION NOV 2025)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov

Clause Title Fill-ins (if applicable)

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)

52.212-4 (DEV) Terms and Conditions-Commercial Products and

Commercial Services (Nov 2023) (DEVIATION NOV

2025)

52.219-6 (DEV) Notice of Total Small Business Set-Aside (Nov 2020)

(DEVIATION DEC 2025)

52.222-3 (DEV) Convict Labor (June 2003) (DEVIATION DEC 2025)

52.222-36 (DEV) Equal Opportunity for Workers with Disabilities (Jun

2020) (DEVIATION DEC 2025)

52.222-41 (DEV) Service Contract Labor Standards (Aug 2018)

(DEVIATION DEC 2025)

52.222-50 (DEV) Combating Trafficking in Persons (Oct 2025)

(DEVIATION DEC 2025)

52.222-55 (DEV) Minimum Wages for Contractor Workers Under

Executive Order 14026 (Jan 2022) (DEVIATION DEC

2025)

52.222-90 Addressing DEI Discrimination by Federal Contractors

(APR 2026)

15B61827Q00000002 Page 11 of 19

Clause Title Fill-ins (if applicable)

52.232-33 Payment by Electronic Funds Transfer-System for

Award Management (Oct 2018)

2852.201-70 Contracting Officer's Representative (COR) (NOV 2020) COR Name: "[Name]"

Org: "[Organization]"

Address: "[Address]"

Phone: "[Area Code, Telephone

Number]"

Contract: "[Contract Number]"

Period: "[Period]"

2852.223-70 Unsafe Conditions Due to the Presence of Hazardous

Material (NOV 2020)

Clauses By Full Text

DOJ-02 Contractor Privacy Requirements (JAN 2022)

A. Limiting Access to Privacy Act and Other Sensitive Information

(1) Privacy Act Information

In accordance with FAR 52.224-1 Privacy Act Notification (APR 1984) and FAR 52.224-2 Privacy Act (APR 1984), if this contract requires Contractor personnel to have access to information protected by the Privacy Act of 1974, the contractor is advised that the relevant DOJ system of records notices (SORNs) applicable to this Privacy Act information may be found at https://www.justice.gov/opcl/doj-systems-records.[1] Applicable SORNs published by other agencies may be accessed through those agencies’ websites or by searching the Federal Digital System (FDsys) available at http://www.gpo.gov/fdsys/. SORNs may be updated at any time.

(2) Prohibition on Performing Work Outside a Government Facility/Network/Equipment

Except where use of Contractor networks, IT, other equipment, or Workplace as a Service (WaaS) is specifically authorized within this contract, the Contractor shall perform all tasks on authorized Government networks, using Government-furnished IT and other equipment and/or WaaS and Government information shall remain within the confines of authorized Government networks at all times. Any handling of Government information on Contractor networks or IT must be approved by the Senior Component Official for Privacy of the component entering into this contract. Except where remote work is specifically authorized within this contract, the Contractor shall perform all tasks described in this document at authorized Government facilities; the Contractor is prohibited from performing these tasks at or removing Government-furnished information to any other facility; and Government information shall remain within the confines of authorized Government facilities at all times. Contractors may only access classified materials on government furnished equipment in authorized government owned facilities regardless of remote work authorizations.

(3) Prior Approval Required to Hire Subcontractors

The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (Subcontractor) in support of this contract requiring the disclosure of information, documentary material

15B61827Q00000002 Page 12 of 19 and/or records generated under or relating to this contract. The Contractor (and any Subcontractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

(4) Separation Checklist for Contractor Employees

The Contractor shall complete and submit an appropriate separation checklist to the Contracting Officer before any employee or Subcontractor employee terminates working on the contract. The Contractor must submit the separation checklist on or before the last day of employment or work on the contract. The separation checklist must verify: (1) return of any Government-furnished equipment; (2) return or proper disposition of personally identifiable information (PII)[2], in paper or electronic form, in the custody of the employee or Subcontractor employee including the sanitization of data on any computer systems or media as appropriate; and (3) termination of any technological access to the Contractor’s facilities or systems that would permit the terminated employee’s access to PII or other sensitive information.

In the event of adverse job actions resulting in the dismissal of a Contractor or Subcontractor employee before the separation checklist can be completed, the Prime Contractor must notify the Contracting Officer within 24 hours and confirm receipt of the notification. In the case the Contractor is unable to notify the Contracting Officer, then the Contractor should notify the Contract Officer’s Representative (COR).

Contractors must complete the separation checklist with the Contracting Officer or COR by returning all Government-furnished property including, but not limited to, computer equipment, media, credentials and passports, smart cards, mobile devices, Personal Identity Verification (PIV) cards, calling cards, and keys and terminating access to all user accounts and systems. Unless the Contracting Officer requests otherwise, the relevant Program Manager or other Key Personnel designated by the Contracting Officer or COR may facilitate the return of equipment.

B. Privacy Training, Safeguarding, and Remediation

(1) Required Security and Privacy Training for Contractors

The Contractor must ensure that all employees take appropriate privacy training, including Subcontractors who have access to PII as well as the creation, use, dissemination and/or destruction of PII at the outset of the employee’s work on the contract and every year thereafter. Training must include procedures on how to properly handle PII, including heightened security requirements for the transporting or transmission of sensitive PII, and reporting requirements for a suspected breach or loss of PII. These courses, along with more information about DOJ security and training requirements for Contractors, are available at https://www.justice.gov/jmd/learndoj.

The Federal Information Security Modernization Act of 2014 (FISMA) requires all individuals accessing DOJ information to complete training on records management, cybersecurity awareness, and information system privacy awareness. Contractor employees are required to sign the “Privacy Rules of Behavior,” acknowledging and agreeing to abide by privacy law, policy, and certain privacy safeguards, prior to accessing DOJ information. These Rules of Behavior are made available to all new users of DOJ’s computer network and to trainees at the conclusion of DOJ-OPCL-CS-0005.

The Contractor should maintain copies of certificates as a record of compliance and must submit an email notification annually to the COR verifying that all employees working under this contract have completed the required privacy and cybersecurity training.

(2) Safeguarding PII Requirements

Contractor employees must comply with DOJ Order 0904 and other guidance published to the publicly-available Office of Privacy and Civil Liberties (OPCL) Resources page[3] relating to the safeguarding of PII, including the use of additional controls to safeguard sensitive PII (e.g., the encryption of sensitive PII). This requirement flows down from the Prime Contractor to all Subcontractors and lower tiered subcontracts.

(3) Non-Disclosure Agreement Requirement

Prior to commencing work, all Contractor personnel that may have access to PII or other sensitive information shall be required to sign a Non-Disclosure Agreement (NDA) and the DOJ IT Rules of Behavior. The Non-Disclosure Agreement:

15B61827Q00000002 Page 13 of 19

(a) prohibits the Contractor from retaining or divulging any PII or other sensitive information, or derivatives therefrom, furnished by the Government or to which they may otherwise come in contact as a result of their performance of work under the contract/task order that is otherwise not publicly available, whether or not such information has been reduced to writing; and

(b) requires the Contractor to report any loss of control, compromise, unauthorized disclosure, or unauthorized acquisition of PII or other sensitive information to the component-level or headquarters Security Operations Center within one (1) hour of discovery.

The Contractor should maintain signed copies of the NDA for all employees as a record of compliance. The Contractor should also provide copies of each employee’s signed NDA to the Contracting Officer before the employee may commence work under the contract/task order.

(4) Prohibition on Use of PII in Vendor Billing and Administrative Records

The Contractor’s invoicing, billing, and other financial or administrative records or databases is not authorized to regularly store or include any sensitive PII or other confidential government information that is created, obtained, or provided during the performance of the contract without the written permission of the Senior Component Official for Privacy (SCOP). It is acceptable to list the names, titles and contact information for the Contracting Officer, COR, or other personnel associated with the administration of the contract in the invoices as needed.

(5) Reporting Actual or Suspected Data Breach

Contractors must report any actual or suspected breach of PII within one hour of discovery.[4] A “breach” is an incident or occurrence that involves the loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or any similar occurrence where: (1) a person other than an authorized user accesses or potentially accesses PII or (2) an authorized user accesses or potentially accesses PII for an other than authorized purpose.

The report of a breach must be made to DOJ. The Contractor must cooperate with DOJ’s inquiry into the incident and efforts to minimize risks to DOJ or individuals, including remediating any harm to potential victims.

(a) The Contractor must develop and maintain an internal process by which its employees and Subcontractors are trained to identify and report the breach, consistent with DOJ Instruction 0900.00.01[5], Reporting and Response Procedures for a Breach of Personally Identifiable Information.

(b) The Contractor must report any such breach by its employees or Subcontractors to the DOJ Security Operations Center (dojcert@usdoj.gov, 202-357-7000); Component-level Security Operations Center and Component-level Management Team, where appropriate; the COR; and the Contracting Officer within one (1) hour of the initial discovery.

(c) The Contractor must provide a written report to the DOJ Security Operations Center (dojcert@usdoj.gov, 202-357-7000) within 24 hours of discovery of the breach by its employees or Subcontractors. The report must contain the following information:

(i) Narrative or detailed description of the events surrounding the suspected loss or compromise of information.[6] Date, time, and location of the incident.

(ii) Amount, type, and sensitivity of information that may have been lost or compromised, accessed without authorization, etc.

(iii) Contractor’s assessment of the likelihood that the information was compromised or lost and the reasons behind the assessment.[7]

(iv) Names and classification of person(s) involved, including victim, Contractor employee/Subcontractor and any witnesses.

(v) Cause of the incident and whether the company’s security plan was followed and, if not, which specific provisions were not followed.[8]

(vi) Actions that have been or will be taken to minimize damage and/or mitigate further compromise.

(vii) Recommendations to prevent similar situations in the future, including whether the security plan needs to be modified in any way and whether additional training may be required.

(d) The Contractor shall provide full access and cooperation for all activities determined by the Government to be required to ensure an effective incident response, including providing all requested images, log files, and event information to facilitate rapid resolution of sensitive information incidents.

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(e) At the Government’s discretion, Contractor employees or Subcontractor employees may be identified as no longer eligible to access PII or to work on that contract based on their actions related to the loss or compromise of PII.

(6) Victim Remediation

At DOJ’s request, the Contractor is responsible for notifying victims and providing victim remediation services in the event of a breach of PII held by the Contractor, its agents, or its Subcontractors, under this contract. Victim remediation services shall include at least 18 months of credit monitoring and, for serious or large incidents as determined by the Government, call center help desk services for the individuals whose PII was lost or compromised. When DOJ requests notification, the Department Chief Privacy and Civil Liberties Officer and SCOP will direct the Contractor on the method and content of such notification to be sent to individuals whose PII was breached. By performing this work, the Contractor agrees to full cooperation in the event of a breach.

The Contractor should be self-insured to the extent necessary to handle any reasonably foreseeable breach, with another source of income, to fully cover the costs of breach response, including but not limited to victim remediation.

C. Government Records Training, Ownership, and Management

(1) Records Management Training and Compliance

(a) The Contractor must ensure that all employees and Subcontractors that have access to PII as well as to those involved in the creation, use, dissemination and/or destruction of PII take the DOJ Records and Information Training for New Employees (RIM) training course or another training approved by the Contracting Officer or COR.

This training will be provided at the outset of the Subcontractor’s/employee’s work on the contract and every year thereafter. The Contractor shall maintain copies of certificates as a record of compliance and must submit an email notification annually to the COR verifying that all employees working under this contract have completed the required records management training.

(b) The Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records containing PII and those covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format, mode of transmission, or state of completion.

(2) Records Creation, Ownership, and Disposition

(a) The Contractor shall not create or maintain any records not specifically tied to or authorized by the contract using Government IT equipment and/or Government records or that contain Government Agency information.

The Contractor shall certify, in writing, the appropriate disposition or return of all Government information at the conclusion of the contract or at a time otherwise specified in the contract. In accordance with 36 CFR 1222.32, the Contractor shall maintain and manage all Federal records created in the course of performing the contract in accordance with Federal law. Records may not be removed from the legal custody of DOJ or destroyed except in accordance with the provisions of the agency records schedules.

(b) Except as stated in the Performance Work Statement and, where applicable, the Contractor’s Commercial License Agreement, the Government Agency owns the rights to all electronic information (electronic data, electronic information systems or electronic databases and all supporting documentation and associated metadata created as part of this contract. All deliverables (including all data and records) under the contract are the property of the U.S. Government and may be considered federal records, for which the Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein. The Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

(c) The Contractor shall not retain, use, sell, disseminate, or dispose of any government data/records or deliverables without the express written permission of the Contracting Officer or Contracting Officer’s Representative. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. § 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the Agency records schedules.

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D. Data Privacy and Oversight

(1) Restrictions on Testing or Training Using Real Data Containing PII

The use of real data containing PII from any source for testing or training purposes is generally prohibited. The Contractor shall use synthetic or de-identified real data for testing or training whenever feasible.

(2) Requirements for Contractor IT Systems Hosting Government Data

The Contractor is required to obtain an Authority To Operate (ATO) for any IT environment owned or controlled by the Contractor or any Subcontractor on which Government data shall reside for the purposes of IT system development, design, data migration, testing, training, maintenance, use, or disposal.

(3) Requirement to Support Privacy Compliance

(a) If this contract requires the development, maintenance or administration of information technology[9], the Contractor shall support the completion of the Initial Privacy Assessment (IPA) document, if requested by Department personnel. An IPA is the first step in a process to identify potential privacy issues and mitigate privacy risks. The IPA asks basic questions to help components assess whether additional privacy protections may be needed in designing or implementing a project[10] to mitigate privacy risks, and whether compliance work may be needed. Upon review of the IPA, the OPCL determines whether a Privacy Impact Assessment (PIA) document and/or SORN, or modifications thereto, are required. The Contractor shall provide adequate support to complete the applicable risk assessment and PIA document in a timely manner, and shall ensure that project management plans and schedules include the IPA, PIA, and SORN (to the extent required) as milestones. Additional information on the privacy compliance process at DOJ, including IPAs, PIAs, and SORNs, is located on the DOJ OPCL website (https://dojnet.doj.gov/privacy/), including DOJ Order 0601, Privacy and Civil Liberties. The Privacy Impact Assessment Guidance and Template outline the requirements and format for the PIA.

(b) If the contract involves an IT system build or substantial development or changes to an IT system that may require privacy risk assessment and documentation, the Contractor shall provide adequate support to DOJ to ensure DOJ can complete any required assessment, and IPA, PIA, SORN, or other supporting documentation to support privacy compliance. The Contractor shall work with personnel from the program office, OPCL, the Office of the Chief Information Officer (OCIO), and the Office of Records Management and Policy to ensure that the privacy assessments and documentation are kept on schedule, that the answers to questions in the documents are thorough and complete, and that questions asked by the OPCL and other offices are answered in a timely fashion.

The Contractor must ensure the completion of required PIAs and documentation of privacy controls consistent with federal law and standards, e.g. NIST 800-53, Rev. 5; and compliance with the Privacy Act of 1974, E-Government Act of 2002, Federal Information Security Modernization Act of 2014, and key OMB guidelines, e.g., OMB Circular A-130.

[1] “[T]he term ‘record’ means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph.” 5 U.S.C. § 552a(a)(4). “[T]he term ‘system of records’ means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.” 5 U.S.C. § 552a(a)(5).

[2] As stated in FAR 52.224-3 and Office of Management and Budget (OMB) Circular A-130, Managing Federal Information as a Strategic Resource (2016), “’personally identifiable information’ means information that can be used to distinguish or trace an individual's identity, either alone or when combined with other information that is linked or linkable to a specific individual.” Regarding “sensitive PII,” “[t]he sensitivity level of the PII will depend on the context, including the purpose for which the PII is created, collected, used, processed, stored, maintained, disseminated, disclosed, or disposed. For example, the sensitivity level of a list of individuals’ names may depend on the source of the information, the other information associated with the list, the intended use of the information, the ways in which the information will be processed and shared, and the ability to access the information.” OMB Circular A-130, at App. II-2.

[3] The DOJ OPCL Resources page is available at https://www.justice.gov/opcl/resources.

[4] As stated in DOJ Instruction 0900, “Contractors must notify the Contracting Officer, the Contracting Officer’s Representative, and JSOC (or component-level SOC) within 1 hour of discovering any incidents, including breaches, consistent with this Instruction, guidance issued by the CPCLO, NIST standards and guidelines, and the US-CERT notification guidelines.”

15B61827Q00000002 Page 16 of 19

[5] https://www.justice.gov/file/4336/download [6] As stated in DOJ Instruction 0900, the description should include the type of information that constitutes PII; purpose for which PII is collected, maintained, and used; extent to which PII identifies a peculiarly vulnerable population; the determination of whether the information was properly encrypted or rendered partially or completely inaccessible by other means; format of PII (e.g., whether PII was structured or unstructured); length of time PII was exposed; any evidence confirming that PII is being misused or that it was never accessed.

[7] As stated in DOJ Instruction 0900, the report should include the nature of the cyber threat (e.g., Advanced Persistent Threat, Zero Day Threat, data exfiltration) for cyber incidents.

[8] As stated in DOJ Instruction 0900, the report should include analysis on whether the data is accessible, usable, and intentionally targeted.

[9] As defined in 40 U.S.C. § 11101, the term “information technology” 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 agency that requires the use (i) of that equipment or (ii) of that equipment to a significant extent in the performance of a service or the furnishing of a product; includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but does not include any equipment acquired by a federal contractor incidental to a federal contract.

[10] In this instance, the term “project” is used to scope the activities (e.g., creating, collecting, using, processing, storing, maintaining, disseminating, disclosing, or disposing of information) covered by an IPA. A project is intended to be technology-neutral, and may include an information system, a digital service, an information technology, a combination thereof, or some other activity that may create potential privacy issues or privacy risks that would benefit from an IPA. The scope of a project covered by an IPA is discretionary, but components should work with their SCOP and OPCL.

(End of Clause)

[END OF ADDENDUM TO FAR 52.212-4]

15B61827Q00000002 Page 17 of 19

Section 3 - List of Attachments

This Section Is Intentionally Left Blank

15B61827Q00000002 Page 18 of 19

Section 4 - Solicitation Provisions

ADDENDUM

TO FAR

52.212-1

INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

Clause Text Provisions of FAR 52.212-1 are supplemented/modified as follows regarding institutional security and background clearance submission requirements for United States Penitentiary (USP) Atwater:

1. Post-Award Security & Clearance Submission Requirements Performance occurs within a high-security federal correctional institution. No personnel data or security packets are required with the initial quote submission. The background clearance process will be initiated strictly post-award with the successful contractor. Contract performance is fully contingent upon the awarded contractor's personnel successfully passing the Bureau of Prisons (BOP) security vetting:

• Security Packet Completion: Within five (5) calendar days after contract award, the contractor must submit completed security clearance packets for all proposed on-site technicians and inspectors to the Contracting Officer (CO) and the USP Atwater Security Department. Each packet consists of:

• NCIC Clearance Request Form: National Crime Information Center background check authorization.

2. Disqualifying Factors The contractor is cautioned that any of the following elements found during the post-award NCIC background check will result in an immediate denial of facility access for that individual:

• Any felony convictions or active outstanding warrants.

• Any misdemeanor convictions within the past five (5) years involving violence, theft, fraud, or drug distribution.

• A history of incarceration within any Federal Bureau of Prisons or state facility, or active personal relationships/visitation status with any inmate currently housed at USP Atwater.

• Failure to pass the mandatory pre-employment drug screening.

3. Clearances and Delays

• Processing Timeline: Post-award background checks normally take between 14 to 30 calendar days to fully process.

No on-site work (including the delivery of certified test weights or rigging equipment) may begin until the USP Atwater authority issues a written "Clearance Approved" notification.

• Gate Entry Processing: Cleared personnel must report to the USP Atwater Front Lobby / Rear Gate each work day to be processed inside. Contractors must possess a valid, government-issued photo ID (Real ID driver's license or passport).

Expect up to 30–45 minutes of administrative security processing each morning; this logistical delay will not justify a claim for additional labor hours or contract price adjustments.

A.2 ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

The terms and conditions for the following provisions are hereby incorporated into this solicitation as an addendum to FAR provision 52.212-1.

Provisions By Reference

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision

15B61827Q00000002 Page 19 of 19 by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.acquisition.gov

Provision Title Fill-ins (if applicable)

52.212-1 (DEV) Instructions to Offerors-Commercial Products and

Commercial Services (Sep 2023) (DEVIATION NOV

2025)

52.212-2 (DEV) Evaluation-Commercial Products and Commercial

Services (Nov 2021) (DEVIATION NOV 2025)

[END OF ADDENDUM TO FAR 52.212-1]