Sol Documents 15BFA022Q00000068 0001.pdf

15BFA022Q00000068/0001 Page 1 of 52

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

1 52

2. AMENDMENT/MODIFICATION NUMBER

3. EFFECTIVE DATE

06/07/2022

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

15BFA0CODE

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

Tammie Johnson (t8johnson@bop.gov)

(O) 972-352-4535

6. ISSUED BY 15B510CODE

Federal Bureau of Prisons FCI La Tuna 8500 DONIPHAN Rd Anthony, TX 79821

7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NUMBER

15BFA022Q00000068

CODE FACILITY CODE

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

X 9B. DATED (SEE ITEM 11)

05/04/2022

10A. MODIFICATION OF CONTRACT/ORDER

NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

ORDER NUMBER IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

Amendment 0001 hereby extends the closing date until July 8, 2022. Contractor shall acknowledge amendment 0001 by signing and returning page one of the SF 30. All other aspects remains the same.

THIS AMENDMENT EXTENDS THE SOLICITATION CLOSING DATE/TIME TO: 07/08/2022 - 09:00 CT US/Central

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

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

Tammie Johnson Johnson

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

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

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

15BFA022Q00000068/0001 Page 2 of 52

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2.1 Pricing Methodology

2.2 Statement of Work - Welding and HVAC

2.3 Special Contract Conditions

3 Contract Clauses 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Jun 2020) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2021) 52.228-5 Insurance-Work on a Government Installation (Jan 1997) 52.232-18 Availability of Funds (Apr 1984) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021) 52.216-18 Ordering (Aug 2020) 52.216-19 Order Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

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

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

2004)

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

2011) DJAR-PGD-15-03 Security of Department Information and Systems DJAR-PGD-14-05 Contractor Notice Regarding DOJ Policy Statement 1200.02, Federal Workplace Responses to Domestic Violence, Sexual Assault, and Stalking (Dec 2014) DOJ-01 Whistleblower Information Distribution (Oct 2021) DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021); (Alt. I) -- Classified Information -- Cleared Contractors 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Jan 2022)

4 List of Attachments 5 Solicitation Provisions

52.204-7 System for Award Management (Oct 2018) 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Nov 2021) 52.217-5 Evaluation of Options (July 1990) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (Nov 2021)

5.1 Quote Submission Instructions:

5.2 Evaluation and Award Methodology

15BFA022Q00000068/0001 Page 3 of 52

Section 2 - Commodity or Services Schedule

Provision of Advanced Occupational Education - Welding and HVAC Programs in accordance with the Statement Of Works.

Firm Fixed Price

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Year - Estimated maximum hours for welding program for the inmate population in accordance with the SOW. One class per year. 20 inmates participants. 30 hours per week.

PSC: U006

Previous :

1,500

Change: 0

Current :

1,500

SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Base Year - Estimated maximum hours for HVAC program for the inmate population in accordance to the SOW. Two classes per year. 20 inmate participants per class. 30 hours per week.

PSC: U006

Previous :

1,560

Change: 0

Current :

1,560

SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Option Year 1 - Estimated maximum hours for welding program for the inmate population in accordance to the SOW. One class per year. 20 inmates participants. 30 hours per week.

PSC: U006

Previous :

1,500

Change: 0

Current :

1,500

SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Option Year 1 - Estimated maximum hours for HVAC program for the inmate population in accordance to the SOW. Two classes per year. 20 inmate participants per class. 30 hours per week.

PSC: U006

Previous :

1,560

Change: 0

Current :

1,560

SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Option Year 2 - Estimated maximum hours for welding program for the inmate population in accordance to the SOW. One class per year. 20 inmates participants. 30 hours per week.

PSC: U006

Previous :

1,500

SS $________ $_________________

15BFA022Q00000068/0001 Page 4 of 52

Change: 0

Current :

1,500

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 Option Year 2 - Estimated maximum hours for HVAC program for the inmate population in accordance to the SOW. Two classes per year. 20 inmate participants per class. 30 hours per week.

PSC: U006

Previous :

1,560

Change: 0

Current :

1,560

SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0007 Option Year 3 - Estimated maximum hours for welding program for the inmate population in accordance to the SOW. One class per year. 20 inmates participants. 30 hours per week.

PSC: U006

Previous :

1,500

Change: 0

Current :

1,500

SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0008 Option Year 3 - Estimated maximum hours for HVAC program for the inmate population in accordance to the SOW. Two classes per year. 20 inmate participants per class. 30 hours per week.

PSC: U006

Previous :

1,560

Change: 0

Current :

1,560

SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0009 Option Year 4 - Estimated maximum hours for welding program for the inmate population in accordance to the SOW. One class per year. 20 inmates participants. 3 hours per week.

PSC: U006

Previous :

1,500

Change: 0

Current :

1,500

SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 Option Year 4 - Estimated maximum hours for HVAC program for the inmate population in accordance to the SOW. Two classes per year. 20 inmate participants per class. 30 hours per week.

PSC: U006

Previous :

1,560

Change: 0

SS $________ $_________________

15BFA022Q00000068/0001 Page 5 of 52

Current :

1,560

Total aggregate pricing: ______________________________________

2.1 Pricing Methodology

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

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

2.2 Statement of Work - Welding and HVAC

STATEMENT OF WORK

AOE Funded Occupational Education Programs: Welding

Subject:

The Federal Bureau of Prisons Field Acquisition Office (FAO) intends to make a single award to a post-secondary institution, vocational training or industry-based school that will be responsible for providing instruction in welding as part of a sustainability training program. Successful completion of the training program(s) must qualify inmates for at least entry-level employment in a specified field upon release.

Background:

The Federal Bureau of Prisons (BOP) was established in 1930 to provide more progressive and humane care for federal inmates, to professionalize the prison service, and to ensure consistent and centralized administration. The Federal Prison System is a nationwide system of prisons and detention facilities for the incarceration of persons who have been sentenced to imprisonment for federal crimes and the detention of persons awaiting trial in federal court. Federal Correctional Institution (FCI) La Tuna consist of the FCI, Federal Prison Camp (FPC) and Federal Satellite Low (FSL). Information about FCI La Tuna can be found at www.bop.gov.

15BFA022Q00000068/0001 Page 6 of 52

Place of Performance:

Occupational training instruction will be performed in the Education Department as determined by the Supervisor of Education (i.e.: FCI La Tuna, FPC La Tuna or FSL La Tuna) located at:

FCI La Tuna 8500 Doniphan Anthony, TX 79821

Schedule of Performance:

The courses shall be instructed utilizing six one (1) hour sessions of classroom instruction, with an estimated number of 30 sessions per week. Typically, the contractor will provide services Monday through Friday, between 7:30 am and 3:00 pm, excluding federal holidays. The schedule is subject to be adjusted to meet program requirements and the needs of the institution. There will be an estimated maximum of 20 inmates per class. One class per year. Any breaks in service, including lunch breaks, will be unpaid. A mutually agreed upon schedule will be determined after contract award. Estimated annual sessions are approximately 1,500 sessions per 12-month period. The sessions are on a requirements basis.

Due to the nature of the correctional setting, work sessions may be delayed or cancelled with little notice. The reasons for such delays may include but are not limited to inclement weather and institution emergencies. When the institution requires the contractor to be on site but the contractor is unable to perform because of 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 and will not be paid for the remaining unperformed sessions. In the event of any instructor’s absence, the contractor shall provide replacement coverage. If the contractor fails to provide coverage, the Government may seek contractual remedy.

Supplies and Equipment:

FCI La Tuna will provide supplies and equipment required.

Method of Performance:

The post-secondary institution, vocational training school or industry-based school will provide instruction for the welding program in accordance with Bureau of Prisons Program Statement 5353.01, Occupational Education Programs, and Bureau of Prisons Program Statement 5300.21, Education, Training and Leisure Time Program Standards. (www.bop.gov).

15BFA022Q00000068/0001 Page 7 of 52

20 – 40 percent of the curriculum’s competencies must be hands-on replication of the actual work environment. Application of hands-on work must be occupational in nature. An institution live work project may be utilized to demonstrate or apply hands-on competencies. Electronic or computer-based simulation does not satisfy the hands-on or live work requirement. The Supervisor of Education must approve live work projects.

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

Scope of Performance:

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

The post-secondary institution, vocational training school or industry-based school will provide a written curriculum, which establishes measurable behavioral objectives and procedures. The curriculum must include clear criteria which establish minimum expectations for program completion, provisions for the assessment of student progress, must identify the hands-on competencies and must require the students to demonstrate them. In addition to core classes needed to attain a college certificate, an industry-accepted certificate, an Associate in Arts degree (A.A.), an Associate in Science degree (A.S.), or an Associate in Applied Science degree (A.A.S.), the curriculum must also include a course on resume development.

The post-secondary institution, vocational training school or industry-based school shall assist in the recruitment of employers affiliated with the identified occupation to participate in the institution’s mock job fair.

Inmate/Classroom Management:

Provisions of service under this contract will require instructors at the post-secondary institution, vocational training school or industry-based school be placed on site to have frequent and unsupervised contact with inmates.

Instructors will not be responsible for the management of inmates other than to ensure those inmates involved in activities within the contractor’s scope of work shall abide by all rules in effect to ensure their safety and well-being. Instructors will report any infraction of institutional rules and regulations by inmates to the appropriate institutional staff.

15BFA022Q00000068/0001 Page 8 of 52

Education Background and Qualifications:

The instructor will be a post-secondary institution, vocational training school or industry-based school employee with all qualification required to instruct student in welding. The contract must be between SCP La Tuna (which may include FCI La Tuna) and a post-secondary institution, vocational training school or industry-based school that provides training for students to receive industry-recognized certification in welding.

The occupational education program must fall under the provider’s umbrella of accreditation and lead to transferrable credits resulting in a college certificate, A.A., A.A.S. or A.S. degree. Industry-accepted certification is also acceptable.

Providers must be listed with the US Department of Education and able to receive/provide fed government financial aid/assistance to their students:

https://ope.ed.gov/dapip/#/home.

The occupational education program must lead to a college certificate, A.A., A.S., A.A.S. or industry-recognized certificate qualifying inmates for at least an entry-level position of employment. Credits earned from the college certificate, A.A., A.S., or A.A.S. must be transferrable to a four-year college.

Four-year degree programs and programs in liberal arts/general studies are not authorized, although limited and specific courses of a liberal arts/general studies nature may be permitted if directly related to preparation for a specific occupation or vocation.

Institutional Security:

Instructors placed on site by the contractor shall adhere to all institution regulations prescribed by the institution for the safety, custody, and conduct of inmates. The contractor will be required to sign in and out of the institution for accountability purposes. A badge will be issued and worn at all times for proper identification. Instructors will attend an orientation program for volunteers and contractors prior to the start of classes; all instructors will attend annual refresher training for volunteers and contractors. Instructors will be paid for time spent in the required training. Instructors placed on site by the contractor shall undergo a urinalysis test (for the detection of marijuana and other drug usage).

Instructors who test positive will be excluded from the institution, and the contractor shall provide acceptable replacement, subject to the same security requirements.

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

15BFA022Q00000068/0001 Page 9 of 52

STATEMENT OF WORK

AOE Funded Occupational Education Programs: HVAC Subject:

The Federal Bureau of Prisons Field Acquisition Office (FAO) intends to make a single award to a post-secondary institution, vocational training or industry-based school that will be responsible for providing instruction in HVAC as part of a sustainability training program. Successful completion of the training program(s) must qualify inmates for at least entry-level employment in a specified field upon release.

Background:

The Federal Bureau of Prisons (BOP) was established in 1930 to provide more progressive and humane care for federal inmates, to professionalize the prison service, and to ensure consistent and centralized administration. The Federal Prison System is a nationwide system of prisons and detention facilities for the incarceration of persons who have been sentenced to imprisonment for federal crimes and the detention of persons awaiting trial in federal court. Federal Correctional Institution (FCI) La Tuna consist of the FCI, Federal Prison Camp (FPC) and Federal Satellite Low (FSL). Information about FCI La Tuna can be found at www.bop.gov.

Place of Performance:

Occupational training instruction will be performed in the Education Department as determined by the Supervisor of Education (i.e.: FCI La Tuna, FPC La Tuna or FSL La Tuna) located at:

FCI La Tuna 8500 Doniphan Anthony, TX 79821 Schedule of Performance:

The courses shall be instructed utilizing six one (1) hour sessions of classroom instruction, with an estimated number of 30 sessions per week. Typically, the contractor will provide services Monday through Friday, between 7:30 am and 3:00 pm, excluding federal holidays. The schedule is subject to be adjusted to meet program requirements and the needs of the institution. There will be an estimated maximum of 20 inmates per class. Two classes per year (40 inmates per year). Any breaks in service, including lunch breaks, will be unpaid.

A mutually agreed upon schedule will be determined after contract award.

Estimated annual sessions are approximately 1,560 sessions per 12-month period. The sessions are on a requirements basis.

Due to the nature of the correctional setting, work sessions may be delayed or cancelled with little notice. The reasons for such delays may include but are not limited to inclement weather and institution emergencies. When the institution

15BFA022Q00000068/0001 Page 10 of 52 requires the contractor to be on site but the contractor is unable to perform because of 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 and will not be paid for the remaining unperformed sessions. In the event of any instructor’s absence, the contractor shall provide replacement coverage. If the contractor fails to provide coverage, the Government may seek contractual remedy.

Supplies and Equipment:

FCI La Tuna will provide supplies and equipment required.

Method of Performance:

The post-secondary institution, vocational training school or industry-based school will provide instruction for HVAC program in accordance with Bureau of Prisons Program Statement 5353.01, Occupational Education Programs, and Bureau of Prisons Program Statement 5300.21, Education, Training and Leisure Time Program Standards. (www.bop.gov) 20 – 40 percent of the curriculum’s competencies must be hands-on replication of the actual work environment. Application of hands-on work must be occupational in nature. An institution live work project may be utilized to demonstrate or apply hands-on competencies. Electronic or computer-based simulation does not satisfy the hands-on or live work requirement. The Supervisor of Education must approve live work projects.

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

Scope of Performance:

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

The post-secondary institution, vocational training school or industry-based school will provide a written curriculum, which establishes measurable behavioral objectives and procedures. The curriculum must include clear criteria which establish minimum expectations for program completion, provisions for the assessment of student progress, must identify the hands-on competencies and must require the students to demonstrate them. In addition to core classes needed to attain a college certificate, an industry-accepted certificate, an Associate in Arts degree (A.A.), an Associate in Science degree (A.S.), or an

15BFA022Q00000068/0001 Page 11 of 52

Associate in Applied Science degree (A.A.S.), the curriculum must also include a course on resume development.

The post-secondary institution, vocational training school or industry-based school shall assist in the recruitment of employers affiliated with the identified occupation to participate in the institution’s mock job fair.

Inmate/Classroom Management:

Provisions of service under this contract will require instructors at the post-secondary institution, vocational training school or industry-based school be placed on site to have frequent and unsupervised contact with inmates.

Instructors will not be responsible for the management of inmates other than to ensure those inmates involved in activities within the contractor’s scope of work shall abide by all rules in effect to ensure their safety and well-being. Instructors will report any infraction of institutional rules and regulations by inmates to the appropriate institutional staff.

Education Background and Qualifications:

The instructor will be a post-secondary institution, vocational training school or industry-based school employee with all qualification required to instruct student in HVAC. The contract must be between SCP La Tuna (which may include FCI La Tuna) and a post-secondary institution, vocational training school or industry-based school that provides training for students to receive industry-recognized certification in HVAC.

The occupational education program must fall under the provider’s umbrella of accreditation and lead to transferrable credits resulting in a college certificate, A.A., A.A.S. or A.S. degree. Industry-accepted certification is also acceptable.

Providers must be listed with the US Department of Education and able to receive/provide fed government financial aid/assistance to their students:

https://ope.ed.gov/dapip/#/home.

The occupational education program must lead to a college certificate, A.A., A.S., A.A.S. or industry-recognized certificate qualifying inmates for at least an entry-level position of employment. Credits earned from the college certificate, A.A., A.S., or A.A.S. must be transferrable to a four-year college.

Four-year degree programs and programs in liberal arts/general studies are not authorized, although limited and specific courses of a liberal arts/general studies nature may be permitted if directly related to preparation for a specific occupation or vocation.

Institutional Security:

Instructors placed on site by the contractor shall adhere to all institution regulations prescribed by the institution for the safety, custody, and conduct of inmates. The contractor will be required to sign in and out of the institution for accountability purposes. A badge will be issued and worn at all times for proper

15BFA022Q00000068/0001 Page 12 of 52 identification. Instructors will attend an orientation program for volunteers and contractors prior to the start of classes; all instructors will attend annual refresher training for volunteers and contractors. Instructors will be paid for time spent in the required training. Instructors placed on site by the contractor shall undergo a urinalysis test (for the detection of marijuana and other drug usage).

Instructors who test positive will be excluded from the institution, and the contractor shall provide acceptable replacement, subject to the same security requirements.

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

2.3 Special Contract Conditions

The Government contemplates a single award of an indefinite delivery/requirements type contract with firm-fixed unit prices resulting from this solicitation. It is anticipated that the contract resulting from this solicitation will be awarded by August 1, 2022 and the effective date of October 1, 2022.

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

Base Year: October 1, 2022 through September 30, 2023 Option Year 1: October 1, 2023 through September 30, 2024 Option Year 2: October 1, 2024 through September 30, 2025 Option Year 3: October 1, 2025 through September 30, 2026 Option Year 4: October 1, 2026 through September 30, 2027

Place Of Performance: The place of performance is FCI La Tuna 8500 Doniphan Road Anthony, TX 79821.

Point of Acceptance: The point of acceptance for services shall be the Deliver To Office (as identified on the Standard Form 1449, Block 15). Payments will be denied when such service does not support the charges or if the service is deemed not necessary or appropriate. Such determinations may be made by the Contracting Officer or COR, whichever is appropriate.

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

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

15BFA022Q00000068/0001 Page 13 of 52

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

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

The Administrative Contracting Office ACO: The Administrative Contracting Office ACO will be the FCI La Tuna Contracting Office in Anthony, Texas; Attn: Contract Specialist. This assignment carries with it the authority to perform all of the normal contract administration functions listed in FAR 42.302 (a) as items 1 through 71 to the extent that those functions apply to this contract. This assignment also includes delegation of authority to perform those negotiation functions as specified in FAR 42.302(b) as item (1) through (11).

Authorized Ordering Officials: OF-347, SF 1449, or Purchase Card Acquisition Form will be used as the task order by any properly warranted Bureau Contracting Officer located at FCI La Tuna. Delivery Orders/Task Orders may be issued by any of the following methods: orally, facsimile, mail, or electronic commerce methods.

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

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

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

(3) FD-258 (fingerprint check);

(4) Law Enforcement Agency checks;

(5) Vouchering of Employers;

(6) Employment Resume;

(7) Completed Contractor Pre-employment Questionnaire;

(8) Release of Information;

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

(10) Credit Check, if applicable;

(11) Urinalysis, if applicable.

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

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

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

Workers Compensation & Employers Liability: The contractor shall comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of a least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (FAR 28.307-2(a)).

Comprehensive General Liability: $500,000 per accident on occurrence for bodily injury. This insurance shall include contractor's protective and liability (FAR 28.307-2(b)), and Automobile liability: (FAR 28.307-2(c)). Before commencing work under this

15BFA022Q00000068/0001 Page 14 of 52 contract, the contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. The policies evidence required coverage shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the state in which this contract is to be performed, or (2) until 30 days after insurer or the contractor gives written notice to the Contracting Officer, whichever period is longer. The contractor shall insert the substance of this clause, including this paragraph, in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain insurance required in the schedule or elsewhere in the contract. The contractor shall maintain a copy of all subcontractor's proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2021)

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 and Requirement To

Inform Employees of Whistleblower Rights (Jun 2020)

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

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial

Services (Nov 2021)

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

52.232-18 Availability of Funds (Apr 1984)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Nov 2021)

Clauses By Full Text

52.216-18 Ordering (Aug 2020)

15BFA022Q00000068/0001 Page 15 of 52

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

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

(c) A delivery order or task order is considered "issued" when--

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either--

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

52.216-19 Order Limitations (Oct 1995)

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

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

(1) Any order for a single item in excess of 1500/1560 sessions;

(2) Any order for a combination of items in excess of 1500 /1560sessions; or

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

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

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

(End of clause)

52.216-21 Requirements (Oct 1995)

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

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

15BFA022Q00000068/0001 Page 16 of 52

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

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

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

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

(End of clause)

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

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

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

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

(End of clause)

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

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

(End of clause)

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

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

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

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

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

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

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

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

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

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

• Integrate pandemic health crisis response expectations into telework agreements.

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

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

• Practice telework regularly to ensure effectiveness.

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

• Identify how time and attendance will be maintained.

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

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

[End of Clause]

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

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

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

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

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

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

(f) Nothing contained in this clause shall relieve the contractor or subcontractors from complying with applicable Federal, State, and local laws, codes, ordinances and regulations (including the obtaining of licenses and permits) in connection with hazardous…