RFQ FCC Beaumont CDL Class A or B.pdf

U.S. Department of Justice Federal Bureau of Prisons

Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

Dear Quoter:

Attached is a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the provision of Vocational Occupational Training Program Provider-Commercial Driver License-Class A/B for Federal Correctional Complex (FCC) Beaumont, TX. This package contains all necessary information to submit a quote.

Quoters should consider all information provided herein when submitting quotes. Please carefully follow all instructions located in the solicitation package concerning the content, format and submission of your quotes.

All potential quoters are advised that this solicitation includes the provision at FAR 52.204-7, System for Award Management (SAM), of this provision requires that all quoters doing business with the Federal Government to be registered in the SAM database for "All Awards". Quoters should include their Unique Entity Identification (UEID) number in their quotes. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardees UEID number into the SAM database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award. For the purposes of this solicitations, all quoters SAM registration should include NAICS code 611310.

If you have questions about the System for Award Management (SAM), Government procurements in general, or need assistance in the preparation of your quote, a local Procurement Technical Assistance Center (PTAC) may be able to help. The Procurement Technical Assistance Program was authorized by Congress in 1985 in an effort to expand the number of businesses capable of participating in the Government marketplace. To locate a PTAC near you, go to http://www.aptac-us.org.

Quotes shall be received on or before the deadline of April 29, 2024, at 09:00 am Central Standard Time. Quotes shall be submitted electronically via email to vvanburen@bop.gov in pdf format only and will be deemed received at the time as indicated on the email notification. Faxed and hand delivered quotes will not be accepted.

Please submit any questions you may have in writing. Questions may be submitted via email to vvanburen@bop.gov

Sincerely, //s//

Vivian Van Buren Contract Specialist http://www.aptac-us.org/ mailto:vvanburen@bop.gov

15BFA024Q00000040 Page 1 of 65

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15BFA024Q00000040

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

04/11/2024

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Vivian Van Buren vvanburen@bop.gov

b. TELEPHONE NUMBER (No collect calls)

972-352-4502

8. OFFER DUE DATE / LOCAL

TIME

04/29/2024 09:00 CT

CODE 15BFA0

Federal Bureau of Prisons

Field Acquisition Office

U.S. Armed Forces Reserve Complex

346 Marine Forces Drive

Grand Prairie, TX 75051

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

8(A)

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

611310

SIZE STANDARD:

34.5 million

10. THE ACQUISITION IS

SEE SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

13b. RATING

X REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

15B502CODE15. DELIVER TO

Federal Bureau of Prisons FCC Beaumont 5430 Knauth Road Beaumont, TX 77705

CODE 15B50216. ADMINISTERED BY

Federal Bureau of Prisons FCC Beaumont 5430 Knauth Road Beaumont, TX 77705

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

15B502CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCC Beaumont 5430 Knauth Road Beaumont, TX 77705

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Provision of Occupational Vocational Training Program Provider: Commercial Driver License (CDL) -Class A or B services according to the Statement of Work for FCC Beaumont Firm Fixed Price

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

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

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

AND 52.212-5 ARE ATTACHED. ADDENDA

X ARE ARE NOT ATTACHED

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

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE _____________________________

OFFER DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK

5) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (Type or print)

Vivian VanBuren

31c. DATE SIGNED

03/21/2024

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

15BFA024Q00000040 Page 2 of 65

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 11/2021) BACK

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Table of Contents

Section Description Page Number

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 (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) 52.224-1 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) 52.216-18 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 DOJ-05 (OCT 2023) DOJ-07 Prohibition On Access By Non-U.S. Citizens To DOJ IT Systems (MAR 2002) DOJ-08 Continuing Contract Performance During a Pandemic Influenza or other National Emergency (OCT 2007) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Feb 2024)

4 List of Attachments 5 Solicitation Provisions

52.204-7 System for Award Management (Oct 2018) 52.217-5 Evaluation of Options (July 1990) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures (Dec 2023) 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 (Feb 2024)

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

PTAC/FOIA

15BFA024Q00000040 Page 4 of 65

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Vocational Training Program Commercial Driver License Class A or B for an estimated four classes per year/estimated maximum 32 students per year.

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

PSC: U006

Base Period

32 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Vocational Training Program Commercial Driver License Class A or B for an estimated four classes per year/estimated maximum 32 students per year.

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

EDOA

PSC: U006

Option Period

32 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Vocational Training Program Commercial Driver License Class A or B for an estimated four classes per year/estimated maximum 32 students per year.

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

EDOA

PSC: U006

Option Period

32 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Vocational Training Program Commercial Driver License Class A or B for an estimated four classes per year/estimated maximum 32 students per year.

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

EDOA

PSC: U006

Option Period

32 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Vocational Training Program Commercial Driver License Class A or B for an estimated four classes per year/estimated maximum 32 students per year.

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

EDOA

PSC: U006

Option Period

32 EA $________ $_________________

Aggregate Total: $__________________________________ (Base + Options)

2.1 PRICING METHODOLOGY

15BFA024Q00000040 Page 5 of 65

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

Vocational Occupational Education Program Provider: FCC Beaumont Commercial Driver License (CDL) Class A or B

SUBJECT:

The Federal Bureau of Prisons (FBOP), Field Acquisition Office (FAO) intends to make a single award of an indefinite-delivery/requirements contract with firm, fixed-pricing, to an entity which can provide a nationally recognized Certified Driver's License (CDL) program (Class A or B) for males adults-in-custody (hereinafter referred to as students) via on-site academic instruction, and possible off-site skills training for Federal Correctional Complex (FCC) Beaumont, Texas located at 6200 Knauth Rd., Beaumont, TX, 77705. Information regarding the FBP may be located at www.bop.gov.

The Contractor will provide classroom training to students associated with the opportunity to sit for the exam to earn their Class A commercial learner's permit (CLP). Upon CLP achievement, the contractor will provide students with hands on training of both Class A and Class B vehicles. Upon successful completion of hands-on skills training, the Contractor will provide students the opportunity to take the Commercial Driver's License skills examination. The Contractor will cover licensing and other fees associated with issuing the commercial driver’s license (CDL) to the student. A CDL Class A learning program will be administered to all students. Should a student be unable to successfully complete the Class A driving test, a Class B driving test may be administered instead.

The award will be made on the basis of price and past performance for the evaluation criteria.

Payment is based upon an end product or the accomplishment of a specific result. The Contractor will not be subject to Government supervision, except for security related matters; however, Contractor performance shall be monitored. The service does not constitute an employer-employee relationship; however, the Government reserves the right to monitor the Contractor's performance to ensure he/she is in compliance with the Statement of Work (SOW). Each quote should contain the quoter's best terms.

PERIOD OF PERFORMANCE:

The period of performance for this contract will include:

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 EDOA through 36 months from EDOA Option Year 3: 37 months from EDOA through 48 months from EDOA Option Year 4: 49 months from EDOA through 60 months from EDOA.

PLACE OF PERFORMANCE:

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Academic instruction will be provided in an appropriate classroom setting determined by the Supervisor of Education (SOE) at the Federal Prison Camp (FPC) Beaumont, 6200 Knauth Rd., Beaumont, TX 77705. Some portions of instruction may require the Contractor to transport the students to another location for skills and driving training. All locations where instruction may need to occur will be pre-approved by the SOE. No online or computer-based training is to be provided.

SCHEDULE OF SERVICES:

The Contractor will provide a Certified Driver's License program schedule at the FPC. These schedules are subject to change, based upon the variable needs of the Institution and the unpredictable nature of the correctional environment. Upon agreement, any changes to the schedule must be coordinated with the SOE.

The Contractor shall be required to provide an estimated thirty (35) hours of classroom instruction per week for each Class A program. In order to ensure enough time is allotted for students to attain the needed skills to pass both the CLP and CDL exams, each class session should plan to meet for a minimum of 10 weeks and a maximum of 12 weeks, with up to four class sessions per fiscal year (October 1 – September 30). Typically, the Contractor will provide services between the hours of 7:30 a.m. — 3:30 p.m., Monday through Friday, excluding Federal holidays; other days/hours may be implemented if necessary to meet program requirements and these days/hours may be adjusted to meet the needs of the institution, as mutually agreed upon by the SOE and the Contractor. Any hours outside the scheduled instructional work hours, including any lunch period, is non-paid.

Accommodation of changes in the schedule, resulting from security issues at the Federal Prison Camp (FPC) shall be subject to the mutual agreement of both parties. An estimated minimum of four

(4) and an estimated maximum of eight (8) students will be enrolled in each session.

A proposed schedule with rotating classes, days, and times is encouraged for review. The schedule should include proposed courses, term length of each proposed course, with dates/times, and add/ drop dates for each course.

Due to the nature of the correctional setting, classes may be delayed or cancelled with little notice.

The reasons for such delays may include but are not limited to inclement weather and institution emergencies.

POINT OF CONTACT:

The Contractor shall provide a Point of Contact (POC) for the delivery of services under this contract.

The POC shall have the full authority to act on behalf of the Contractor in all matters relating to the daily operation of the contracted services. The Contractor shall designate this individual in writing to the Contracting Officer prior to the start date of the contract. The POC shall provide phone numbers and email addresses, and shall handle all issues regarding certificates, and other administrative matters via email to the maximum extent practicable. In the event that pertinent verbal discussions occur, subject discussions shall be confirmed via e-mail, and both parties shall maintain records of subject e-mails.

METHOD OF PERFORMANCE:

The Contractor will provide instruction for Commercial Driver's License, Class A, 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.

Marketable programs shall afford students the opportunity to gain in demand skills in a specific occupation, industry, or trade. The marketable program must qualify student graduates for at least an

15BFA024Q00000040 Page 7 of 65 entry-level position in the workforce upon release. The Contractor shall specify in writing to the SOE on the position(s) of employment for which student graduates will be eligible to apply.

The Contractor shall perform services as outlined in the Statement of Work. This service is a contractual arrangement and not a personnel appointment. Award of this contract in no way constitutes an employer/employee relationship. These services, although not directly supervised, except for security related matters, will be reviewed by the Supervisor of Education. The Vocational Training Services provided, being professional in nature, will be provided in the method as considered consistent with community standards.

SCOPE OF PERFORMANCE:

The Contractor shall provide a Vocational Training Program (hereinafter referred to as VT) of:

o Commercial Driver's License — Class A

A CDL Class A learning program will be administered to all students. Should a student be unable to successfully complete the Class A driving test, a Class B driving test may be administered instead.

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

Services shall include the provision of on-site academic instruction and appropriate academic advisement, instructional/course materials, course registration, assessment testing, record-keeping, textbooks, certificates of completion and all services and materials customarily provided to VT students and applicable to the student population at the FPC. Upon completion of each program, the Contractor shall provide a certificate of completion for each student who completes the program to the SOE. All certificates of completion shall be provided to the SOE within two weeks of the completion of each program, in accordance with procedures set forth herein. The Contractor will provide instruction and testing to each student to earn a Commercial Learner’s Permit, instruction and testing for the driving skills portion of the Department of Public Safety required exam, and cover permit, licensing and administrative fees associated for each student to receive their CDL license.

EQUIPMENT AND SUPPLIES:

The Contractor shall provide workbooks and/or other course materials customarily provided to each VT student for each course. The Contractor shall be solely responsible for bearing the expense of purchasing workbooks and other materials, in excess of the quantities, terms and conditions set forth herein.

Workbooks and other materials in excess of the quantities set forth herein, which are lost, misplaced, confiscated or destroyed will be replaced at the FPC's expense. With the exception of edition changes, the Contractor shall not be responsible for bearing the expense of extra and/or replacement workbooks and/or other educational materials provided under the contract.

Ordinally, trucks, buses, trailers and other like equipment shall be provided by the Contractor for student training. Upon consultation with and approval from the SOE, such government owned equipment may be utilized by the Contractor for program purposes.

15BFA024Q00000040 Page 8 of 65

Contractor employees shall be required to obtain advance written approval prior to bringing laptop computers, DVD players, presentations equipment, and/or other instructional equipment into the Institutions. The Education Department will provide space for classes, utilities, instructional boards, audio-visual equipment and other equipment necessary to provide the required instruction. The Contractor will be expected to account for all equipment and supplies placed under their supervision.

EDUCATION BACKGROUND AND QUALIFICATIONS:

The Contractor shall not be a self-employed individual or individual employed by a post-secondary institution. The contract must be between the Federal Correctional Complex, Beaumont, TX and postsecondary institution, vocational training school or industry-based school.

The occupational education program must fall under the provider's umbrella of accreditation.

Providers must be accredited by a recognized accrediting agency. If required for employment, certification tests from outside organizations may be administered to individual students upon completion of a specific occupational education program. However, the individual skill competency certification will not replace the training program's overall accreditation.

The Contractor must be accredited by a nationally recognized accreditation program such as the Southern Association of Colleges and Schools.

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.

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)

PROGRAM MANAGEMENT:

The Contractor shall maintain records on each student which include registration/enrollment status, attendance, academic progress/standing, completion and withdrawal data, and inform the SOE or FPC employees designated by the SOE, of issues or concerns in a timely manner. In addition, the Contractor shall designate an individual to provide the SOE with enrollment information, establish and coordinate program requirements; and coordinate affairs between the Contractor and the FPC.

Each student will be required to demonstrate basic literacy skill requirements prior to being considered for placement in the program. Qualified students must satisfactorily complete Contractor's placement/ testing requirements prior to being enrolled in the program.

NON-PERSONAL POSITION:

Award of this contract will result in a contractual arrangement only and is not a personnel appointment. Payment is based on an end product or the accomplishment of a specific result or service. 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 closely monitored. Quoters failing to submit any of the required paperwork/ documentation will be removed from further consideration for award.

RESTRICTION ON CONTRACT WORKER:

The Contractor shall not supervise students, supervise Bureau of Prisons employees, participate in student accountability, requisition, sign for, or pick up supplies, formulate policy or procedures, attend meetings, recalls or employee functions.

CLASSROOM/STUDENT MANAGEMENT:

The Contractor must agree to adhere to all regulations prescribed by the Federal Bureau of Prisons for the safety, custody and conduct of students. The custody of federal students remains

15BFA024Q00000040 Page 9 of 65 a primary responsibility of the Federal Correctional Complex. The provision of services under this proposed contract will require frequent and unsupervised contact and transportation of students.

The Contractor will not be responsible for the management of students, except to ensure that those students involved in activities within the Contractor's scope of work shall abide by all rules, in effect, to ensure the safety and well-being of all participants. The Contractor, at times throughout the program, will escort furloughed students off the BOP premises. During these periods, the BOP may not provide an employee to accompany the class. On-site academic instructors will be responsible for documenting attendance. Instructors shall notify the SOE or designee immediately if a student is absent. The Contractor will report any infractions of rules and regulations by any student to the SOE or their designee.

INSTITUTION SECURITY:

The Contractor must qualify for entry into the facility. The Contractor agrees to adhere to all regulations prescribed by the institution in regard to the safety, custody and conduct of students.

Instructors placed on site by the Contractor shall adhere to all institution regulations. New instructors will attend an orientation program for Contractors prior to the start of classes; all instructors will attend annual refresher training for Contractors. Before entering an institution, the Contractor and/ or employees of the Contractor shall meet certain security requirements. The Human Resources Department will establish a security file that will be maintained on each Contractor from the beginning of work until the duration. The following information will be maintained in this file:

1. National Crime Information Center check (NCIC)

2. Declaration of Federal Employment (OF-306)

3. FD-258 (fingerprint check)

4. Law Enforcement Agency checks

5. Vouchering of Employers

6. Employment Resume

7. Completed Contractor Pre-employment Questionnaire

8. Release of Information

9. Questionnaire for Sensitive Positions (SF-85 for Low Risk, SF-85P for Above Low Risk) 10.Credit Check, if applicable 11.Urinalysis, if applicable (for detection of drug use)

Instructors placed on site by the Contractor shall undergo a urinalysis test (for the detection of marijuana and other drug usage). Instructors who test positive will be excluded from the institution, and the Contractor shall provide acceptable replacement, subject to the same security requirements.

By submission of a quote/bid/proposal, the Contractor agrees to all of the above requirements.

ATTIRE:

The Contractor shall 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.

PAYMENT TERMS:

Payment terms as specified in FAR 52.212-4(g) apply. The Contractor shall provide a monthly invoice to the Federal Correctional Complex - Beaumont Accounting Department which accurately reflects days worked, number of sessions, and the total amount due for the previous month's services. 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 Contractor can, however, offer discount

15BFA024Q00000040 Page 10 of 65 payment terms for prompt payments as specified in block 12 on the SF-1449 form of this solicitation.

Half sessions will not be authorized for payment.

QUALITY STANDARDS:

The Government reserves the right to inspect and evaluate all services provided during the performance of this contract. The Government may conduct surveillance of any task at any time during the performance of this contract. All surveillance observations will be documented by the Supervisor of Education. When an observation indicates defective performance, the Contracting Officer (CO), with the technical support of the SOE may issue a Discrepancy Report to the Contractor. The Contractor shall address any negative comments and propose corrective action to the Contracting Officer within ten (10) calendar days after receiving the report.

DEPARTMENT POLICY ON DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND STALKING

It is the Department's policy to enhance workplace awareness of and safety for victims of domestic violence, sexual assault, and stalking. This policy is summarized in DOJ Policy Statement 1200.02 (Federal Workplace Responses to Domestic Violence, Sexual Assault, and Stalking), available in full for public viewing at http://www.justice.gov/sites/default/files/ovw/legacy/2013/12/19/ federalworkplaceeresponses-to-domesticviolence-sexualassault-stalking.pdf. Vendor agrees, upon contract award, to provide notice of this Policy Statement, including at a minimum the above-listed URL, to all of Vendor's employees and employees of subcontractors who will be assigned to work on Department premises.

POINT OF CONTACT FOR VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND

STALKING

Upon contract award, the Department will notify Contractor of the name and contact information for the Point of Contact for Victims of domestic violence, sexual assault, and stalking for the component or components where Contractor will be performing. Contractor agrees to inform its employees and employees of subcontractors who will be assigned to work on Department premises of the name and contact information for the Victim Point of Contact.

SUBMISSION OF QUOTE:

Quoter shall submit, as part of their quote, a completed copy of Section 2 of the SF-1449, "Commodity or Services Schedule", to include the following information for evaluation:

Unit of Issue is EA (EA = 1 student)

• Price per student for CDL Class A Program based on an estimated maximum of four courses per Performance Period. Price shall also include price per student to test for Commercial Learner’s Permit.

• A proposed schedule of each course, with class dates/times, program start/end dates and drop/add dates for each program. Specify term length of each course.

• Curriculum Guide for each CDL Program.

2.3 SPECIAL CONTRACT CONDITIONS

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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 MAY 2024 and with an anticipated effective date of award (EDOA) of October 1, 2024. On or about the EDOA, FCC Beaumont 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 October 1, 2024.

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 Option Period 5: Six Month Extension-61 months from EDOA through 66 months from EDOA.

Point of Acceptance: The point of acceptance for services is FCC Beaumont

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.

Contract Administration Office (CAO): The Contracting Office at FCC Beaumont 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

15BFA024Q00000040 Page 12 of 65 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 FCC Beaumont 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 FCC Beaumont

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 CDL Class A. The contractor and/or staff are not authorized

15BFA024Q00000040 Page 13 of 65 to disclose this or any 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.

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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)

52.224-1 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)

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 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--

15BFA024Q00000040 Page 15 of 65

(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.

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(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 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.

15BFA024Q00000040 Page 17 of 65

(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…