Amendment 003 - RFQ 15BFA023Q00000129.pdf

15BFA023Q00000129/0003 Page 1 of 49

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

1 49

2. AMENDMENT/MODIFICATION NUMBER

3. EFFECTIVE DATE 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

Dawn Payne

(O) 202-913-1600 dhpayne@bop.gov

6. ISSUED BY 15B516CODE

Federal Bureau of Prisons FCI Three Rivers

HWY 72 WEST

Three Rivers, TX 78071

7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NUMBER

15BFA023Q00000129

CODE FACILITY CODE

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

X 9B. DATED (SEE ITEM 11)

11/17/2023

10A. MODIFICATION OF CONTRACT/ORDER

NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The 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.)

The purpose of this amendment is to extend the solicitation due to correcting Section 2.1, Price Methodology and Section 5.3, Evaluation and Award Methodology. Please see sections 2.1 and 5.3 in this amendment, also see Attachments A and B to submit your quotes. This solicitation will close on 02/07/2024, at 11:00 A.M. CST.

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)

Dawn Payne Contracting Officer

(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

01/31/2024

X

X 1

Dawn Payne

15BFA023Q00000129/0003 Page 2 of 49

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

Section 2.1 Pricing Methodology Section 2.2 Specifications - Propane - FCI Three Rivers Section 2.3 Special Contract Conditions

3 Contract Clauses 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) 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) 52.216-18 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) 2852.201-70 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-05 Security of Department Information and Systems (OCT 2023) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Dec 2023)

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 (Sep 2023) 52.217-5 Evaluation of Options (July 1990)

5.2 Tailoring and Quote Submission Instructions

5.3 Evaluation and Award Methodology

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 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 (Nov 2023)

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Section 2 - Commodity or Services Schedule

The provision of propane at FCI Three Rivers. See attached specifications.

UEI: _________________________

Firm Fixed Price

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0001 Base Year - The delivery of propane at FCI Three Rivers. 144,000 Gallons

See Attachments A and B.

Effective Date of Award (EDOA) through 12 months from EDOA.

Estimated Maximum

PSC: 6830

Previous :

144,000

Change: 0

Current :

144,000

GL $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0002 Base Year - Maintenance Fee -

See Attachments A and B.

Effective Date of Award (EDOA) through 12 months from EDOA.

Estimated Maximum

PSC: 6830

Previous : 1

Change: 0

Current : 1

EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0003 Option Year 1 - The delivery of propane at FCI Three Rivers.

144,000 gallons

See Attachment A and B.

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

EDOA

Estimated Maximum

PSC: 6830

Previous :

144,000

Change: 0

Current :

144,000

GL $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0004 Option Year 1 - Maintenance Fee -

See Attachment A and B.

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

EDOA.

Estimated Maximum

Previous : 1

Change: 0

Current : 1

EA $________ $_________________

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PSC: 6830

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0005 Option Year 2 - The delivery of propane at FCI Three Rivers.

144,000 gallons

See Attachments A and B.

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

EDOA

Estimated Maximum

PSC: 6830

Previous :

144,000

Change: 0

Current :

144,000

GL $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0006 Option Year 2 - Maintenance Fee -

See Attachments A and B.

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

EDOA.

Estimated Maximum

PSC: 6830

Previous : 1

Change: 0

Current : 1

EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0007 Option Year 3 - The delivery of propane at FCI Three Rivers.

144,000 Gallons.

See Attachments A and B.

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

EDOA

Estimated Maximum

PSC: 6830

Previous :

144,000

Change: 0

Current :

144,000

GL $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0008 Option Year 3 - Maintenance Fee -

See Attachments A and B.

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

EDOA.

Estimated Maximum

PSC: 6830

Previous : 1

Change: 0

Current : 1

EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0009 Option Year 4 - The delivery of propane at FCI Three Rivers.

144,000 Gallons.

See Attachments A and B.

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

EDOA

Estimated Maximum

Previous :

144,000

Change: 0

GL $________ $_________________

15BFA023Q00000129/0003 Page 5 of 49

Estimated Maximum

PSC: 6830

Current :

144,000

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0010 Option Year 4 - Maintenance Fee -

See Attachments A and B.

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

EDOA.

Estimated Maximum

PSC: 6830

Previous : 1

Change: 0

Current : 1

EA $________ $_________________

Section 2.1 Pricing Methodology

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.

The BPN rate used in the calculation (See Atachements A and B) is used as a benchmark, for evaluation purposes only. During the performance of the resulting contract, the actual updated BPN Targa rate will be used for billing in addition to any premium/discount offered. All contractors must have a subscription to the Butane Propane News (BPN), please go to the following link to get your subscription: https://bpnews.com/.

Pursuant to FAR 17.203(b), the Government’s evaluation shall be inclusive of options month extension. 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.

Section 2.2 Specifications - Propane - FCI Three Rivers

A. INTRODUCTION

The Federal Bureau of Prisons, Field Acquisition Office, Grand Prairie, Texas intends to make a single award for the provision of L.P. Propane as set forth in this solicitation. Supplies will be delivered on-site at the Federal Correctional Institution (FCI) located in Three Rivers, Texas.

The contract period will extend from the Effective Date of Award through 12 months with four (4) 12-month option years.

B. SUPPLIES TO BE PROVIDED

• The Contractor agrees to furnish a continuous supply of L.P. Propane Gas to the Federal Correctional Institution located at Three Rivers, Texas. The Propane Gas supplied by the Contractor shall meet the everyday needs of the Federal Correctional Institution (FCI), Satellite Prison Camp (SPC), and all other buildings located at the institution.

• The Contractor shall own, operate, and maintain facilities necessary to provide the FCI Three Rivers with L.P.

Propane Gas at an estimated monthly average of 12,000 gallons. The contractor shall provide all tanks/equipment and all accessories at the storage tank site. The contractor shall maintain all equipment, component, and all accessories needed for a dependable L.P. Propane Gas supply to the institution. Annual and monthly usages are estimates only. The Butane Propane News (BPN), https://bpnews.com/, will be the benchmark used with Targa as the index. Targa is located in Mont Belvieu, Texas.

• The contractor shall be solely responsible for obtaining any and all easements and permits required by local, state, and federal authorities for the installation, operation, maintenance, or repair of the L.P. Propane Gas System outside the FCI Three Rivers.

• In the event that the contractor recommends other improvements associated with the construction of the facilities that exceed the requirements of the FCI Three Rivers, the cost thereof shall be the sole responsibility of the contractor.

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• The contractor shall maintain an uninterrupted L.P. Propane Gas System dedicated solely for the FCI Three Rivers use and requirements as specified in the specifications.

• The contractor shall provide FCI Three Rivers Facilities Manager or Contracting Officer Representative (COR) with an On Call Point of Contact for maintenance or repairs of the L.P. Propane Gas System or components/other pertinent equipment that will affect the gas supply at the institution. Notification shall be made in a timely manner from the contractor to FCI Three Rivers, Facilities Manager/COR, so that FCI Three Rivers, Facilities Manager/COR, can prepare for emergency situations until repairs or maintenance is completed. After normal working hours, the contractor shall contact the Powerhouse Foreman on duty 24 hours a day, 7 days a week at 361-786-3576, extension 1621. The contractor shall maintain and supply the FCI Three Rivers with an up to date 24-hour emergency contact number in case of mechanical and equipment problems.

• The contractor shall own, install, and maintain a meter at the tank connection of the type that shall totalize the quantity of gas used by the FCI Three Rivers. The cost of maintaining such meter shall be the responsibility of the contractor.

• The delivery pressure of the L.P. Propane Gas will be regulated at the storage tank site of no less of 20 p.s.i.g.. The contractor shall maintain a maximum of 5,000 gallons, and a minimum of 3,000 gallons on site at any given time.

• All gas supplied shall be free from dust, gums, gum forming constituents, or other liquid or solid matter which might become separated from the gas in the course of transportation through pipelines. Standard Department of Transportation Quality gas shall be supplied by the contractor. A minimum quality of HD-5 Grade, with no sulfur, shall be supplied by the contractor. The gas supplied by the contractor shall be odorized for detectable leaks. A normal standard of gas supplied shall be rated at 91,502 BTU’s per gallon for quality control.

• The contractor shall own, operate, and maintain facilities necessary to supply the FCI Three Rivers with a full gas supply for Food Service Equipment, Laundry Equipment, Hot Water Heaters, and Gas Heaters for both the FCI and SPC.

• The contractor shall be responsible to purchase and install approved and tested storage tanks and all accessories to safely supply the FCI/SPC Three Rivers with L.P. Propane Gas. The storage site for these tanks is located at the FCI Three Rivers. All fees required for testing/inspections, service, and maintenance of these tanks shall be the responsibility of the contractor.

• The contractor shall provide a primary supply of Propane Gas to the institution without any interruptions. A secondary (back up) supply shall be established to avoid any down time of gas supply to the institution. These measures shall be in place in the event that problems arise with the primary supply system, equipment, and accessories.

• In the event of loss of Propane Gas supply from either the primary or secondary supply sources due to equipment or system failures, the contractor will be responsible for suppling gas by other acceptable means for the daily institution needs. All cost shall be the responsibility of the contractor.

C. PLACE OF PERFORMANCE

Federal Correctional Institution (FCI) Three Rivers is located at US Highway 72 West, Three Rivers, Texas 78071.

D. SCHEDULE OF PERFORMANCE

Currently, there are a total of one 4,000-gallon tank, one 1000-gallon tank, and one 500-gallon tank, and one 200-gallon tank on site that are supplying the FCI Three Rivers with L.P. Propane Gas. These tanks are on site at the FCI Three Rivers. These tanks are not owned by the FCI Three Rivers. The tanks are owned by the current contractor. The existing propane tank storage area is located approximately 650 feet from the Powerhouse, where the Propane Gas Systems are then split and distributed to the FCI and SPC, Three Rivers. This storage tank area is secured by a 50’ x 50’ x 6’ fenced in area. The existing system is a two-stage vapor system, and the contractor shall provide the same system that is currently in place. For the new contract, FCI Three Rivers would like two 5,000-gallon tanks, side by side with ball valves to switch back and forth when needed along with new piping, and two 500-gallon tanks.

Deliveries will be made to the Powerhouse or the Central Utility Plant. All deliveries will be scheduled between the hours of 7:30am and 2:00pm, Monday through Friday as mutually agreed upon between the Facilities Manager/COR and the contractor. The contractor will not be expected to provide supplies on Federal Holidays; however, they are expected to provide supplies before a Federal Holiday or the day after a Federal Holiday.

E. SAFETY AND HEALTH

The contractor is responsible for safety and health on the contract. The contractor shall strictly comply with all Texas Railroad Commission Rules and Regulations for L.P. Propane Gas including all state, federal, and local regulations. In performing the work under this contract, the contractor shall:

• Conform to the specific safety requirement established by this contract;

• Comply with the safety rules of the Federal Bureau of Prisons (FBOP)institution that concern related activities not directly addressed in this contract;

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• Take all reasonable steps and precautions to prevent accidents and preserve the life and health of contractor and Government Personnel performing or in any way coming in contact with the performance of this contract.

• Take such additional immediate precautions as the Contracting Officer may reasonably require for safety and accident prevention purposes.

F. TESTING

Any testing shall be in accordance with the specifications and the contractor shall be responsible for any maintenance and calibration of equipment test(s).

Access to the FCI Three Rivers after normal working hours shall be arranged through the Contracting Officer Representative (COR) or the Facilities Manager.

Section 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 January 2024 and with an anticipated Effective Date of Award (EDOA) of February 1, 2024. On or about the EDOA, FCI Three Rivers will issue a delivery order to the contractor. The contractor shall commence full performance services on the EDOA, therefore, all background clearances shall be completed prior to the 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 years 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 52.217-9, "Option to Extend the Term of the Contract.”

Performance Period(s): The anticipated Effective Date of Award (EDOA) is February 1, 2024.

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

Option Year 1: 13 months from EDOA through 24 months from EDOA Option Year 2: 25 months from the EDOA thorough 36 months from EDOA Option Year 3: 37 months from the EDOA through 48 months from EDOA Option Year 4: 49 months from EDOA through 60 months from EDOA

Point of Acceptance: The point of acceptance for services is FCI Three Rivers, US Highway 72 West, Three Rivers, Texas 78071.

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 Contracting Officer Representative (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.

Contract Administration Office (CAO): The Contracting Office at FCI Three Rivers 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: Individual delivery orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for FCI Three Rivers with an appropriate certificate of appointment. Each delivery order will identify the services schedule for that period. Orders can be issued orally, by facsimile, mail, or electronic commerce methods. Delivery orders will take the form of an OF-347 or SF-1449.

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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 statues, 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.

(c) Automobile liability. The Contracting Officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with perfoming the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

Section 3 - Contract Clauses

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

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

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

Clause Title Fill-ins (if applicable)

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)

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

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

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

1997)

15BFA023Q00000129/0003 Page 9 of 49

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

52.216-18 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 first day of performance period through 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--

(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 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.

15BFA023Q00000129/0003 Page 10 of 49

(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.

(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 prior to the expiration of the current performance period [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

15BFA023Q00000129/0003 Page 11 of 49 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)

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

(a) Mr./Ms. TBD of FBOP, FCI Three Rivers , US Highway 72 West, Three Rivers, Texas 78071 , Telephone No. , is hereby designated to act as Contracting Officer's Representative (COR) under[Contract Number - TBD] , for the period of Base Year and Four-Option Years. (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)

15BFA023Q00000129/0003 Page 12 of 49

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 commits to distribution. Within 45 days of award, the contractor must provide confirmation to the contracting officer verifying that it has distributed the whistleblower information as required.

(End of Clause)

DOJ-02 Contractor Privacy Requirements (JAN 2022)

A. Limiting Access to Privacy Act and Other Sensitive Information

(1) Privacy Act Information

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

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

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

(3) Prior Approval Required to Hire Subcontractors

The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (Subcontractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The Contractor (and any Subcontractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

(4) Separation Checklist for Contractor Employees

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

In the event of adverse job actions resulting in the dismissal of a Contractor or Subcontractor employee before the separation checklist can be completed, the Prime Contractor must notify the Contracting Officer within 24 hours

15BFA023Q00000129/0003 Page 13 of 49 and confirm receipt of the notification. In the case the Contractor is unable to notify the Contracting Officer, then the Contractor should notify the Contract Officer’s Representative (COR).

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

B. Privacy Training, Safeguarding, and Remediation

(1) Required Security and Privacy Training for Contractors

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

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

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

(2) Safeguarding PII Requirements

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

(3) Non-Disclosure Agreement Requirement

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

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

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

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

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

15BFA023Q00000129/0003 Page 14 of 49

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

(5) Reporting Actual or Suspected Data Breach

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(6) Victim Remediation

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

The Contractor should be self-insured to the extent necessary to handle any reasonably foreseeable breach, 15BFA023Q00000129/0003 Page 15 of 49 with another source of income, to fully cover the costs of breach response, including but not limited to victim remediation.

C. Government Records Training, Ownership, and Management

(1) Records Management Training and Compliance

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

This training will be provided at the outset of…