Amend 1 Update Students.pdf

15BFA023Q00000086/0001 Page 1 of 57

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

1 57

2. AMENDMENT/MODIFICATION NUMBER

3. EFFECTIVE DATE

09/13/2023

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

Vivian Van Buren

(O) 972-352-4502 vvanburen@bop.gov

6. ISSUED BY 15B504CODE

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

7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NUMBER

15BFA023Q00000086

CODE FACILITY CODE

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

X 9B. DATED (SEE ITEM 11)

08/11/2023

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 ____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.)

RFQ 15BFA023Q00000086 is hereby amended as follows:

Page 5 of 60. Section 2.2 Statement of Work-Schedule remove the 15 per students per year. Replace with 60 students per year.

Update each line item to reflect 60 students per year.

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)

Vivian VanBuren

(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

09/13/2023 Previous edition unusable STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

15BFA023Q00000086/0001 Page 2 of 57

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2.1 PRICING METHODOLOGY

2.2 STATEMENT OF WORK

2.3 SPECIAL CONTRACT CONDITIONS

3 Contract Clauses 52.203-17 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 (Dec 2022) 52.224-1 Privacy Act Notification (Apr 1984) 52.224-2 Privacy Act (Apr 1984) 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 (Mar 2023) 52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023) 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) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (NOV 2020) 2852.201-70 Contracting Officer's Representative (COR) (NOV 2020)

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

2011) DOJ-01 Whistleblower Information Distribution (Oct 2021) DOJ-02 Contractor Privacy Requirements (JAN 2022) DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021) DOJ-04 Federal Workplace Responses to Domestic Violence, Sexual Assault, and Stalking (DEC 2014) DOJ-05 Security of Department Information and Systems (APR 2015) DOJ-07 Prohibition On Access By Non-U.S. Citizens To DOJ IT Systems (MAR 2002) DOJ-08 Continuing Contract Performance During a Pandemic Influenza or other National Emergency

(OCT 2007)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Jun 2023)

4 List of Attachments 5 Solicitation Provisions

52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Mar 2023) 52.217-5 Evaluation of Options (July 1990) 52.204-7 System for Award Management (Oct 2018)

5.1 Tailoring/Quote Submission Requirements/Evaluation and Award Methodology/Sam Registration/

PTAC/FOIA

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 2852.233-70 Protests Filed Directly with the Department of Justice (NOV 2020) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (Dec 2022) 52.209-7 Information Regarding Responsibility Matters (Oct 2018)

15BFA023Q00000086/0001 Page 3 of 57

Section 2 - Commodity or Services Schedule

Provision of Occupational Vocational Training Program Provider: Certified Nursing Assistant services according to the Statement of Work for FPC Bryan.

Firm Fixed Price

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Certified Nurse Assistant Vocational Training Program for an estimated maximum 60 students per year.

Base Year- Effective date of award (EDOA) through 12 months from EDOA.

PSC: U006

Base Period

Previous :

Change: 45

Current : 60

EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Certified Nurse Assistant Vocational Training Program for an estimated maximum 60 students per year.

Option Year 1- 13 months from EDOA through 24 months from

EDOA

PSC: U006

Option Period

Previous :

Change: 45

Current : 60

EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Certified Nurse Assistant Vocational Training Program for an estimated maximum 60 students per year.

Option Year 2- 25 months from EDOA through 36 months from

EDOA

PSC: U006

Option Period

Previous :

Change: 45

Current : 60

EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Certified Nurse Assistant Vocational Training Program for an estimated maximum 60 students per year.

Option Year 3-37 months from EDOA through 48 months from

EDOA

PSC: U006

Option Period

Previous :

Change: 45

Current : 60

EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Certified Nurse Assistant Vocational Training Program for an estimated maximum 60 students per year.

Option Year 4-49 months from EDOA through 60 months from

EDOA

PSC: U006

Option Period

Previous :

Change: 45

Current : 60

EA $________ $_________________

Aggregate Total: $__________________________________ (Base + Options)

15BFA023Q00000086/0001 Page 4 of 57

2.1 PRICING METHODOLOGY

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

Pursuant to FAR 17.203(b), the Government’s evaluation shall be inclusive of options. The Government will evaluate quotes for 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 quoters may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

2.2 STATEMENT OF WORK

Occupational Vocational Training Program Provider: Certified Nursing Assistant (CNA)

Subject

The Federal Bureau of Prisons (BOP) Field Acquisition, Grand Prairie, Texas intends to make a single award to an indefinite delivery/requirements type contract with firm-fixed unit prices to an accredited institution of higher learning, post-secondary institution, vocational- training or industry-based school for the provision of an Occupational Training Certified Nursing Assistant (CNA) Program for the Federal Prison (FPC) Bryan, located at 1100 Ursuline Street, Bryan, TX 77803, as part of a Sustainability training program. As part of the program, contractor must ensure a partnership with an appropriate local medical facility is secured for inmates to complete all required clinical hours and/or other requirements to sit for licensure examination(s).

General information regarding the Bureau of Prisons (BOP) and its facilities is located at www.bop.gov.

The vocational training program must fall under the contractor’s umbrella of accreditation and lead to transferrable credits resulting in successful completion of the vocational training programs and must qualify the inmates for at least entry-level employment in a specified field upon release. The vocational training program must lead to a college certificate, A.A., A.A.S., or A.S Degree, or a marketable level certification. The contractor will be an accredited entity.

The organization’s accreditation will be verified using the US Department of Education Database of Accredited Postsecondary Institutions and Programs (DAPIP) website (https://ope.ed.gov/dapip/#/home) If required for employment, certification tests from outside organizations may be administered to individual inmates upon completion of a specific occupational education program.

The contractor shall not be a self-employed individual, or an individual employed by a post-secondary institution, vocational training school, or industry-based school. The contract must between a post-secondary educational institution, junior college, college, vocational training school, or industry-based school.

Background

15BFA023Q00000086/0001 Page 5 of 57

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. The defined mission of the BOP is as follows:

It is the mission of the Federal Bureau of Prisons to protect society by confining offenders in the controlled environments of prisons and community-based facilities that are safe, humane, cost-efficient, and appropriately secure, and that provide work and other self-improvement opportunities to assist offenders in becoming law-abiding citizens.

As an agency under the Executive Branch of the United States Government, the BOP receives an annual appropriation of funds to accomplish its mission. The public trust demands that this annual appropriation be prudently managed. Monies spent to provide education to the inmate population must reflect the agency’s best efforts to obtain cost-effective services, consistent with community standards.

In 1996, the Bureau of Prisons standardized procedures to (1) select and fund new vocational/occupational training programs, (2) select and fund existing vocational/occupational training programs, and (3) update equipment for existing vocational/occupational training programs. The following Bureau of Prisons Program Statements, which are available electronically at www.bop.gov, are applicable to this contract and are incorporated by reference to the same effect as if they were given in full text.

1. Program Statement 5300.21 – Education, Training, and Leisure Time Program Standards.

2. Program Statement 5353.01 – Occupational Education Programs

3. Program Statement 1237.15 – Information Security

Place of Performance

Occupational training instruction will be performed at the Federal Prison Camp Bryan, 1100 Ursuline Ave, Bryan, Texas and/or on site at the post-secondary institution, vocational training, or industry-based school, as determined by the Supervisor of Education.

Schedule

Each is defined as one student's tuition for the certification program. The contractor will normally instruct 60 students per year.

Number of sessions may be adjusted upon agreement with the Supervisor of Education and the post-secondary institution, vocational training or industry-based school. Courses taken to complete the program will occur 5 days per week, excluding Federal Holidays.

Courses may occur between 7:30 a.m. and 7:30 p.m. Courses usually last 3 hours each and meet 2 times a day. These hours may be adjusted to meet the needs of the institution. For the tuition cost, the contractor will provide a comparable amount of class time to the

15BFA023Q00000086/0001 Page 6 of 57 inmate population comparable to community standards for students who attend the post-secondary institution, vocational training, or industry-based school. The contractor shall not exceed an estimated 35 hours per week.

Due to the nature of the correctional setting, delays in performance of work may be experienced. Such delays may include but are not limited to inclement weather, electrical or mechanical problems, or other security matters. When contract employees report to the institution but are unable to perform services due to such delays, the contractor will ensure the inmates receive education comparable to community standards. This may be in the form of extra self-study work or make-up sessions, which will be included in the tuition cost. If the contractor fails to provide education comparable to community standards, the Government may seek contractual remedy.

Education Background and Qualifications

The instructor will be a post-secondary institution, vocational training school or industry-based school employee with all qualifications required to instruct students in CERTIFIED NURSE ASSISTANT. The contract must be between FPC Bryan and a post-secondary institution, vocational training school or industry-based school that provides training for students to receive industry-recognized certification in CERTIFIED NURSE ASSISTANT.

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. (Associate’s) degree. Industry-accepted certification is also acceptable. Providers must be accredited by a recognized accrediting agency.

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.

Supplies and Equipment

Textbooks will be provided by the post-secondary institution, vocational training, or industry-based school. Textbooks will be returned to the post-secondary institution, vocational training, or industry-based school at the end of the coursework. All necessary supplies and classroom materials that the contractor may routinely need shall be provided by the Education Department at the institution, except textbooks. If specific material is necessary for the contractor to provide the required programming, he or she shall forward their request to the Contracting Officer Representative (COR).

The contractor shall be expected to account for all material and supplies placed under his or her disposition.

Method of Performance

15BFA023Q00000086/0001 Page 7 of 57

The post-secondary institution, vocational training school or industry-based school will provide instruction for a CERTIFIED NURSE ASSISTANT 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.

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 although inmates will be provided more than enough opportunities for live work at the post-secondary institution, vocational training school or industry-based school as part of the coursework in a program from an accredited source.

As part of the program, contractor must ensure a partnership with an appropriate local medical facility is secured for inmates to complete all required clinical hours and/or other requirements to sit for licensure examination(s).

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 CERTIFIED NURSE ASSISTANT. As a precondition of the for the quote, the post-secondary institution, vocational training school or industry-based school 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 number of enrollments. FPC Bryan will pay tuition per student enrollment as determined by the Supervisor of Education. The VT coordinator will work with the post-secondary institution, vocational training school or industry-based school to provide accurate documentation of the progress of all students.

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. The course will include core classes needed to attain a college certificate, an industry-accepted certificate and/or transferable credits toward an Associate in Arts degree (A.A.), an Associate in Science degree (A.S.), or an Associate in Applied Science degree (A.A.S.).

15BFA023Q00000086/0001 Page 8 of 57

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.

Attire

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

Inmate Management

Provision of Services will require frequent and unsupervised contact with inmates. The contract employee shall not be responsible for the management of any inmates, other than to ensure inmates involved within the contract's scope of work abide by all rules to ensure their safety and well-being. The successful contractor shall attend the Institution Familiarization Orientation program prior to assuming institution involvement. Reimbursement to the contractor for the time spent in the institution orientation or other specific security related training will be at the contract rate, prorated hourly. The contractor may, at any time, be removed from the institution at the discretion of the CEO. The contractor is to constantly be aware of security and maintain a professional relationship at all times. Any violation of the institution rules and regulations are to be brought immediately to the attention of any Government employee employed at the institution.

The contractor will be required to provide documentation to the COR, or designee, of any infractions of institutional rules and regulations by inmates for proper action. All required reports regarding inmate progress, statistical information, etc.

shall be submitted in writing to the Supervisor of Education for review and retention by the Government.

Institution Security

The contractor/contract employees shall agree to all regulations prescribed by the institution for the safety, custody and conduct of inmates. The contract employee will be required to operate a system of records as identified for medical treatment documentation and will require adherence to the Privacy Act of 1974. The contract employee 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. The teacher/instructor will familiarize himself/herself with the Federal Bureau of Prisons Tool Accountability rules and regulations and agrees to abide by the governing rules/regulations.

Non-Personal Services

Payment will be applied as FAR 12.201, commercial services intended to more closely resemble those customarily used in the commercial marketplace. The Supervisor of Education will designate the COR. By submission of a quote, the contractor agrees to all the requirements.

Payment Terms

Payment terms as specified in FAR 52.212-4(g) apply. The post-secondary institution, vocational training school or industry-based school shall provide an invoice to the FPC Bryan Accounting Department which accurately reflects

15BFA023Q00000086/0001 Page 9 of 57 number of students enrolled and the total amount due for tuition. The due date for making an invoice payment by the designated payment office shall be the 30th day after the designated billing office has received a proper invoice, or the government has accepted the services performed by the contractor. The post-secondary institution, vocational training school or industry-based school can, however, offer discount payment terms for prompt payments as specified in block 12 on the SF-1449 form of this solicitation.

2.3 SPECIAL CONTRACT CONDITIONS

Type of Contract: 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 in September and with an anticipated effective date of award (EDOA) of December 1, 2023. On or about the EDOA, FPC Bryan will issue a task order to the contractor. The contractor shall commence full performance services on the EDOA, therefore, all background clearances shall be completed prior to EDOA.

The resulting contract will include a base year period from the effective date of award (EDOA) through 12 months from the (EDOA) with four (4) possible 12-month option period renewal, and a possible six-month extension option period, 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 52.217-9, "Option to Extend the Term of the Contract.”

Performance Period(s): The anticipated effective date of award (EDOA) is December 1, 2023.

Base Year: Effective Date of Award (EDOA) through 12 months from EDOA Option Period 1: 13 months from EDOA through 24 months from EDOA Option Period 2: 25 months from EDOA through 36 months from EDOA Option Period 3: 37 months from EDOA through 48 months from EDOA Option Period 4: 49 months from EDOA through 60 months from EDOA

Point of Acceptance: The point of acceptance for services is FPC Bryan

Non- Personal Services Information: This service is a contractual arrangement and not a personnel appointment. Payment is based on the provision of an end product or the accomplishment of a specific task.

The service does not constitute an employer/employee relationship. The contractor will not be subject to Government supervision, except for security related matters. However, contractor performance shall be monitored. The contractor shall attend all training required by the Bureau of Prisons for contract workers. The contractor will not be permitted to attend institution meetings, staff recalls or Government training sessions for institution staff.

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 supplies rendered under this contract. All records shall be subject to review by the Contracting Officer or other representative of the BOP. 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.

15BFA023Q00000086/0001 Page 10 of 57

Contract Administration Office (CAO): The Contracting Office at FPC Bryan is assigned to be the CAO for a resultant contract. This assignment carries with it the authority to perform all normal contract administration functions as listed in FAR 42.302(a), items 1 through 71; to the extent those functions apply to this contract.

This assignment also includes delegation of authority to perform functions specified in FAR 42.302(b), items 1 through 11.

Ordering Official: Task orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for FPC Bryan with an appropriate certificate of appointment. Each task order will identify the services schedule for that period. Orders can be issued orally, by facsimile, mail, or electronic commerce methods. Task orders will take the form of an OF-347 or SF-1449.

Contract Security/Investigative Requirements: The Contractor will not be subject to Government supervision, except for security related matters and monitoring of contract performance.

The following investigative procedures may be applied and appropriate forms completed before any Contractor employees are permitted inside an institution:

(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;

(10) Credit Check, if applicable

(11) Urinalysis if applicable;

In addition to the above procedures, Contractor employees must agree to undergo a urinalysis test (for the detection of marijuana and other drug usage). If a test result is positive, the individual(s) shall be excluded, and the Contractor shall provide acceptable replacement personnel subject to the same security requirements.

Before a quote can be considered for award, the Contractor must agree to submit to the all the above security requirements.

Quoters should also note that clause DOJ-03, Personnel Security Requirements For Contractor Employees (Nov 2021);– Classified Information -- Cleared Contractors requires that contractor personnel have a "favorable credit report." Quoters are strongly encouraged to pre-screen potential candidates for credit issues before submitting the candidate to FPC Bryan

By submitting a quote for service, the contractor and its employees agree to complete the required documents and undergo the listed procedures. An individual who does not pass the security clearance will be unable to enter the Bureau facility. Any individual 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.

System of Records: Privacy Act Notification: The contract will require contract staff to operate a system of records documentation and will require adherence to the Privacy Act of 1974. The system of records will be maintained in accordance with community standards educational programs for Certified Nurse Assistant/Certification. The contractor and/or staff are not authorized to disclose this or any

15BFA023Q00000086/0001 Page 11 of 57 information pertaining to an inmate to any non-BOP source. Any requests for such information shall be forwarded to the Supervisor of Education for proper disposition.

Schedule of Insurance: In accordance with FAR 52.228-5 and 28.307-2, (a) Workers’ compensation and employer’s liability. Contractors are required to 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 at 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.

(See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

(b) General liability. (1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence. (2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Dec 2022)

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 (Dec 2022)

52.224-1 Privacy Act Notification (Apr 1984)

52.224-2 Privacy Act (Apr 1984)

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

15BFA023Q00000086/0001 Page 12 of 57

Clause Title Fill-ins (if applicable)

52.232-18 Availability of Funds (Apr 1984)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Mar 2023)

Clauses By Full Text

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

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

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

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

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

(2) 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

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, "No TikTok on Government Devices" Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors.

The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor's employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

52.216-18 Ordering (Aug 2020)

(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 day of the current performance period through the last day of the current 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--

15BFA023Q00000086/0001 Page 13 of 57

(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 deliverable as identified in Schedule of Services [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of the estimated quantities in the Schedule of Items within the current performance period [insert dollar figure or quantity];

(2) Any order for a combination of items in excess of the estimated quantities in the Schedule of Items within the current performance period [insert dollar figure or quantity]; 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.

(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.

15BFA023Q00000086/0001 Page 14 of 57

(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 effective performance period [insert date].

(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 [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] before the contract expires.

The preliminary 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 30 of the base year or any option year exercised. . 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 30 of the base year or any option year exercised. , 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)

2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (NOV 2020)

(a) “Unsafe condition” as used in this clause means the actual or potential exposure of Contractor or Government employees to a hazardous material.

(b) “Hazardous Material” as used in this clause includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract), any other potentially hazardous material requiring safety controls, or any other material or working condition designated as hazardous by the Contracting Officer's Representative (COR).

(c) 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.

(d) Prior to commencement of work, Contractors are required to inspect for and report to the Contracting Officer 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.

(e) 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.

(f) 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.

15BFA023Q00000086/0001 Page 15 of 57

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

(End of Clause)

2852.201-70 Contracting Officer's Representative (COR) (NOV 2020)

(a) Mr./Ms. Donald Ross of FPC Bryan , 1100 Ursuline Street, Bryan, TX 77803 , 979-823-1879 x3550 , is hereby designated to act as Contracting Officer's Representative (COR) undercontract number TBD , for the period of Effective of award-60 months from EDOA (specify the performance period of the contract that the designation covers).

(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or another representative designated in writing by the Contracting Officer. The term “technical direction” includes, without limitation, the following:

(i) Receiving all deliverables;

(ii) Inspecting and accepting the supplies or services provided in accordance with the terms and conditions of this contract;

(iii) Clarifying, directing, or redirecting the contract effort, including shifting work between work areas and locations, filling in details, or otherwise serving to accomplish the contractual statement of work to ensure the work is accomplished satisfactorily;

(iv) Evaluating performance of the Contractor; and

(v) Certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COR does not have the authority to issue direction that:

(i) Constitutes a change of assignment or work outside the contract specification/work statement/scope of work.

(ii) Constitutes a change as defined in the clause entitled “Changes” or other similar contract term.

(iii) Causes, in any manner, an increase or decrease in the contract price or the time required for contract performance;

(iv) Causes, in any manner, any change in a term, condition, or specification or the work statement/scope of work of the contract;

(v) Causes, in any manner, any change or commitment that affects price, quality, quantity, delivery, or other term or condition of the contract or that, in any way, directs the contractor or its subcontractors to operate in conflict with the contract terms and conditions;

(vi) Interferes with the contractor's right to perform under the terms and conditions of the contract;

(vii) Directs, supervises, or otherwise controls the actions of the Contractor's employees or a Subcontractor's employees.

(d) The Contractor shall proceed promptly with performance resulting from the technical direction of the COR. If, in the opinion of the Contractor, any direction by the COR or the designated representative falls outside the authority of (b) above and/or within the limitations of (c) above, the Contractor shall immediately notify the Contracting Officer.

(e) Failure of the Contractor and Contracting Officer to agree that technical direction is within the scope of the contract is a dispute that shall be subject to the “Disputes” clause and/or other similar contract term.

(f) COR authority is not re-delegable.

(End of Clause)

BOP 2852.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR 2011)

The services, although not directly supervised, shall be reviewed by Federal Bureau of Prisons (BOP) staff to ensure contract compliance. The contractor's performance will be evaluated in accordance with FAR 42.15. Contract monitoring reports will be prepared by the Contacting Officer's Representative (COR) and maintained in the contract file.

In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit it to the Past Performance Information Retrieval System (PPIRS). The BOP utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to provide contractor performance evaluations. The contractor shall provide and maintain a current e-mail address throughout the life of the contract. The contractor will receive an e-mail from the Focal Point thru the following website addresswebptsmh@navy.milwhen the contract is registered in CPARS. The e-mail will contain a "user ID" and temporary password to register in the CPARS system. The contractor must be registered to access and review its evaluation and/or provide a response. If assistance is required when registering, please contact the Contracting Staff/Focal Point.

(End of Clause)

DOJ-01 Whistleblower Information Distribution (Oct 2021)

Within 30 days of contract award, the contractor and its subcontractors must distribute the “Whistleblower Information for Employees of DOJ Contractors, Subcontractors, Grantees, or Sub-Grantees or Personal Services Contractors” (“Whistleblower Information”) document to their employees performing work in support of the products and services delivered under this contract (https://oig.justice.gov/sites/default/files/2020-04/NDAA-brochure.pdf). By agreeing to the terms and conditions of this contract, the prime contractor acknowledges receipt of this requirement, in accordance with 41 U.S.C. § 4712 and FAR 3.908 & 52.203-17, and

15BFA023Q…