15BFA025Q00000051 - Terre Haute LCP Islamic Spiritual Guide..pdf
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- Attached to
- Solicitation Notice - USP Terre Haute - Life Connection Programming (Islamic Spiritual Guide)
- Solicitation number
- 15BFA025Q00000051
About this file
This is a Request for Quote (RFQ) issued by the Federal Bureau of Prisons (BOP) Field Acquisition Office for Islamic Spiritual Guide services for the Life Connections Program at USP Terre Haute in Indiana. The solicitation (15BFA025Q00000051) is set aside 100% for small businesses under NAICS code 813110 with a $13 million size standard.
The contract will be an indefinite-delivery, requirements-type contract with firm-fixed unit prices for a base year plus four one-year options, with an estimated maximum of 1,440 sessions per year. The contractor must provide religious instruction and leadership for Islamic incarcerated Adults in Custody participating in the BOP's Residential Life Connections Pre-release Program. Key qualifications include an ordination certificate or equivalent documentation showing recognition as clergy/spiritual leader, minimum three years of documented full-time experience as a minister, and a Master's degree (or current enrollment) in Islamic Studies or related field. Quotes are due by March 7, 2025 at 12:00 CT, with an anticipated award date of March 1, 2025 and effective date of May 1, 2025. The contractor will work approximately six sessions per day, up to 30 sessions per week, typically Monday-Friday between 7:30 AM and 8:30 PM, with some evening and possible weekend hours based on program needs.
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15BFA025Q00000051 Page 1 of 53
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 AND 30.
1. REQUISITION NUMBER
15B41824PR000279
PAGE 1 OF
5. SOLICITATION NUMBER
15BFA025Q00000051
2. CONTRACT NUMBER 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 6. SOLICITATION ISSUE
DATE
02/5/2025
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL
TIME
03/7/2025 12:00 CT
CODE BFAO
Federal Bureau of Prisons
Field Acquisition Office
U.S. Armed Forces Reserve Complex
346 Marine Forces Drive
Grand Prairie, TX 75051
9. ISSUED BY UNRESTRICTED OR X SET ASIDE:100.00 % FOR
X SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
WOMEN-OWNED SMALL
BUSINESS (WOSB)
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL BUSINESS
(EDWOSB)
8(A)
NORTH AMERICAN
INDUSTRY CLASSIFICATION
STANDARD (NAICS):
813110
SIZE STANDARD:
$13 Million
10. THE ACQUISITION IS
SEE SCHEDULEX
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
CODE15. DELIVER TO CODE16. ADMINISTERED BY
FACILITY
CODE
CODE
TELEPHONE NUMBER
17a. CONTRACTOR/
OFFEROR
CODE18a. PAYMENT WILL BE MADE BY
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
To Provide Life Connections Program- Islamic Spiritual Guide services for USP Terre Haute in accordance with the Statement of Work 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)
Justin Wray
31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
15BFA025Q00000051 Page 2 of 53
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
15BFA025Q00000051 Page 3 of 53
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 52.204-13 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) 52.242-13 Bankruptcy (July 1995) 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) 2852.222-70 Domestic Violence, Sexual Assault, and Stalking (DEC 2014) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (NOV 2020) BOP 2852.237-77 Contractors Classified as Common Law Employees for Federal Income Tax Purposes (July 2017)
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-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 (Jan 2025)
4 List of Attachments 5 Solicitation Provisions
52.204-7 System for Award Management (Nov 2024) 52.217-5 Evaluation of Options (July 1990)
5.2 Tailoring/Quote Submission Requirements Instructions
5.3 Evaluation and Award Methodology/SAM/PTAC/FOIA
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) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2024) 2852.233-70 Protests Filed Directly with the Department of Justice (NOV 2020) BOP 2852.237-71 Requirements for Religious Services (July 2017) BOP 2852.237-78 Submission/Evaluation of Quotations/Offers by Individuals (Nov 2014)
15BFA025Q00000051 Page 4 of 53
Section 2 - Commodity or Services Schedule
SCHEDULE OF SUPPLIES/SERVICES
CONTINUATION SHEET
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 Life Connections Program - Islamic Spiritual Guide
Effective Date of Award (EDOA)-through 12 months
Estimated Maximum
PSC: G099
Base Period
1,440 SS $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 Life Connections Program - Islamic Spiritual Guide
Option Year #1: 13 months from the EDOA through 24 months
Estimated Maximum
PSC: G099
Unexercised Option 1
1,440 SS $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0003 Life Connections Program - Islamic Spiritual Guide
Option Year #2: 25 months from the EDOA through 36 months
Estimated Maximum
PSC: G099
Unexercised Option 2
1,440 SS $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0004 Life Connections Program - Islamic Spiritual Guide
Option Year #3: 37 months from the EDOA through 48 months
Estimated Maximum
PSC: G099
Unexercised Option 3
1,440 SS $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0005 Life Connections Program - Islamic Spiritual Guide
Option Year #4: 49 months from the EDOA through 60 months
Estimated Maximum
PSC: G099
Unexercised Option 4
1,440 SS $________ $_________________
2.1 Pricing Methodology
Clause Text 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
15BFA025Q00000051 Page 5 of 53 remain stable or normal. Contract pricing shall include all charges to the Government for providing the services required by this solicitation.
Pursuant to FAR 17.203(b), the Government’s evaluation shall be inclusive of options. The Government will evaluate quotes for award purposes by adding the total price of all options to the total price of the base year requirement. Pursuant to FAR 17.203(d), the quoters may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.
2.2 Statement of Work
STATEMENT OF WORK – ISLAMIC SPIRITUAL GUIDE
SUBJECT:
The Federal Bureau of Prisons (BOP), Field Acquisition Office, intends to make a single award for the provision of Life Connections Program (LCP) Islamic Spiritual Guide services for the Adults in Custody (AIC) at the United States Penitentiary (USP) Terre Haute in Terre Haute, Indiana. Responsible parties will provide religious instruction and leadership for Islamic incarcerated AICs participating in the Bureau of Prisons Residential Life Connections Pre-release Program.
The proposed contract resulting from this solicitation is for one base year and includes the possibility of four unilaterally exercised option years. The Government is not obligated to exercise any of the option years.
SERVICE TO BE PERFORMED:
The contractor will provide instruction as it relates to the LCP core curriculum materials based on her or his expertise as a leader in an Islamic religious community. The contractor will work closely with the LCP Chaplain, who is also the COR, and other program staff to assist in the continued development of the program. The contractor will be knowledgeable of program goals, expectations, and schedules. Consultations will be held with LCP Chaplain as needed.
Regular meetings and trainings with the LCP team will be required. Since this is a multi-faith program, the contractor will be expected to foster relationships with students from a broad variety of religious communities including but not limited to Catholic, Protestant, Muslim, Jewish, Pagan, Buddhist, etc.
The Islamic Spiritual Guide will be required to coordinate various program components, facilitating group meetings/ classes, workshops, seminars and other programming needs including-but not limited to:
• Provide leadership for Islamic Spiritual Guide groups of the LCP.
• Develop and implement lesson plans based on the core LCP curriculum for persons of the Islamic faith.
• Instruction will be more of a workshop format than lectures.
• Lesson plans will be submitted in advance. Lesson plans will be updated regularly.
• Although the instruction will follow the tenants of his or her religious group, the contractor will work with students who follow other interpretations of Islam, including but not limited to Sunni, Shia, Sufi, Nation of Islam, and Moorish Science Temple of America. Instruction should focus on the central, shared tenets of the religion, and must relate back to the core LCP curriculum.
• Facilitate study groups and educational classes.
• Assist with the development and facilitation of workshops and seminars based on topics related to the core curriculum. These workshops and seminars will be attended by persons of various faith groups.
• Assess student progress and maintain records of student participation and progress with regard to the above classes. Create reports of student progress and behavior, and provide these reports to the LCP Chaplain.
• The contract Imam will lead prayers and will provide counsel from the Islamic theological perspective.
General Topics
To assist offenders in the development of a gracious, spiritual mindset and provide them tools to prepare for transition from incarceration to freedom, the Spiritual Guide will accomplish the following objectives:
• Emphasize the importance of developing & maintaining relationships as they return back to society.
• Guide them to deepen their faith, utilizing the spiritual practices of their tradition as a foundation.
• Encourage spiritual transformation as the starting point for wellness and successful reentry.
• Provide tools to help them respond constructively to their fears which activate anger trigger points.
• Help them manage their emotions and sharpen their growth in maturity upon returning to society.
15BFA025Q00000051 Page 6 of 53
• Implement a spiritual formation curriculum for participants to support a sustainable emotional health and physical wellness.
• In place of self-reliance, nurture a concern for others and the community. Deepen understanding of the importance of social values, integrity and the practical application of responsibility and accountability through Community Service.
• To minister, teach and share faith with diverse traditions.
• Evaluate participants' performance based upon how well they receive information and application.
Education and Experience The individual/organization providing Islamic Spiritual Guide Services under contract award must possess an ordination certificate or like document showing they are a recognized clergy or spiritual leader in good standing with their faith community.
The contractor must have a minimum of three years of documented, continuous full-time experience as a minister with their faith community.
The contractor must, at a minimum, possess a Master’s degree, or be enrolled in a Master’s degree program, in some form of with a major in Islamic Studies, religious studies, religious education, philosophy, human sciences or other related curriculum.
Experience working in a correctional setting is preferred.
Quoters must specifically identify the individual that will be performing these services under any subsequent contract award. The quoter must provide proof that their candidate meets all qualifications. The candidate’s name and qualifications must be submitted at the time the quote is submitted. Contractors must submit with their quote a resume, and photocopies of documents evidencing education and training.
Quoters responding to this solicitation must complete and submit with their quote the attached form, “Credentials of Religious Services Contractor.” Quoters should submit two personal references and one letter of endorsement from their local religious organization. After review of these document by Bureau of Prisons staff, vendors may be requested to submit additional documents for review. Vendors failing to submit any of the required documents will be removed from further consideration for award.
Additionally, the candidate must meet the following criteria:
• Be a United States Citizen.
• Have resided in the United States.
• Be current on all debt repayment.
• Be able to pass a criminal and financial background check.
PLACEMENT OF PERFORMANCE:
The services to be provided will be provided at:
United States Penitentiary 4700 Bureau Road South Terre Haute, Indiana 47808
SCHEDULE:
A session is defined as one hour. The contractor will normally provide six sessions per day, up to 30 sessions each week (1,440 sessions each fiscal year) of instruction and counseling in conjunction with the core curriculum topics. Work hours will normally be Monday-Friday, excluding Federal Holidays, between 7:30 a.m. and 8:30 p.m., with a 30-minute unpaid lunch break. The schedule will include evening hours and may include weekends based on program needs. The schedule may include up to 12 hours worked outside of the institution, to be determined and adjusted based on program needs.
The breakdown of hours will be determined locally based on program needs and may be adjusted based on program and institution needs. Once the schedule has been agreed upon, any changes to the schedule must be coordinated with the LCP Chaplain.
15BFA025Q00000051 Page 7 of 53
Due to the nature of the correctional setting, delays in performance of work may be experienced. Such delays may include but are not limited to inclement weather, electrical or mechanical problems, or other security matters. When contract employees report to the institution but are unable to perform services due to such delays, the contractor will be paid for one session. Normally, any remaining sessions for that day will be suspended and the contractor will be free to leave, and the contractor will not be paid for the remaining unperformed sessions. However, if the institution requests that the contractor remain at the institution for eventual performance, the contractor shall be paid for such sessions. In the event of any absence, the contractor may make up his/her time so long as it does not exceed 30 hours in any given week. If the contractor fails to provide coverage, the Government may seek contractual remedy.
SUPPLIES:
All supplies that the contractor may routinely need will be provided by the United States Penitentiary, Terre Haute, Indiana. These supplies will normally include any materials needed to perform the services covered under this contract.
METHOD OF INSTRUCTION:
Selected contractor will provide religious instruction based on their own expertise as it relates to the LCP core curriculum materials. The contractor will work closely with the LCP Chaplain and other program staff to assist in the development of the program and to gauge the progress of individual participants. Consultations will be held with LCP Chaplain as needed.
Although the instruction will follow the tenants of orthodox Islam, the contractor may work with participants who follow other interpretations of Islam.
MANAGEMENT:
The contractor will be monitored by the LCP Chaplain. 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 on contract time or as a consideration of the contract.
The contractor may attend team meetings, departmental meetings, or other meetings relating to the involvement of the services to be provided by terms of the contract. Some meetings will be required and accomplished on contract time.
The contractor will provide a monthly billing statement to the contract monitor that accurately reflects the days of each visit, the number of hours or sessions of each visit, the general content of the sessions, and the total dollar amount due for that month’s services.
Attire The contractor is expected to wear professional clothing while on duty. The attire worn shall also be appropriate for the correctional environment in which the contract employee will be performing.
INSTITUTION SECURITY:
Contractor will adhere to all regulations prescribed by the institution for the safety, conduct and custody of AICs. The contractor shall attend an orientation program prior to assuming their full duties within the institution. The contract employee will be required to sign in and out of the institution for accountability purposes. A badge will be issued and worn at all times for proper identification. The contractor’s performance will be monitored by the COR.
Adult in Custody (AIC) Management Provision of services will require frequent and unsupervised contact with AICs. The contract employee shall not be responsible for the management of any AICs, other than to ensure AICs involved within the contract’s scope of work abide by all rules to ensure their safety and well-being. The successful contractor shall attend the Institution Familiarization Orientation program prior to assuming institution involvement. Reimbursement to the contractor for the time spent in the institution orientation or other specific security related training will be at the contract rate, prorated hourly. The contractor may, at any time, be removed from the institution at the discretion of the CEO. The contractor is to constantly be aware of security and maintain a professional relationship with AICs at all times. Any violation of the institution rules and regulations are to be brought immediately to the attention of any Government employee employed at the institution.
The contractor will be required to provide documentation to the COR, or designee, of any infractions of institutional rules and regulations by AICs for proper action.
2.3 Special Contract Conditions
Special Contract Conditions
15BFA025Q00000051 Page 8 of 53
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 March 1, 2025 and with an anticipated effective date of award (EDOA) of May 1, 2025. On or about the EDOA, USP Terre Haute will issue a task order to the contractor. The contractor shall commence full performance of 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 March 1, 2025.
Base Year: 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.
Point of Acceptance: The point of acceptance for services is USP Terre Haute.
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 FMC Lexington 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 70; 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.
15BFA025Q00000051 Page 9 of 53
Ordering Official: Task orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for FMC Lexington 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 a purchase request.
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 Employees;
6. Employment Resume;
7. Completed Contractor Pre-employment Questionnaire;
8. Release of Information;
9. Questionnaire for Sensitive Positions (SF-85for Low Risk, SF-85P for above low risk);
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.
Statement of Equivalent Hires: This section is not applicable.
Department of Labor Wage Determination: The section is not applicable.
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 performing 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.
15BFA025Q00000051 Page 10 of 53
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)
52.204-13 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)
52.242-13 Bankruptcy (July 1995)
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 option year through last day of the current option year [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--
15BFA025Q00000051 Page 11 of 53
(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 the deliverable identified in the 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 Option Year [insert dollar figure or quantity];
(2) Any order for a combination of items in excess of the estimated quantites in the schedule of items within the current option year [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 last day of the option year [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 60 months (months)(years).
(End of clause)
52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)
Funds are not presently available for performance under this contract beyond September 30th of the base period 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 30th of the base period 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. Jonathan Sutter of USP Terre Haute , 4700 Bureau Rd. South, Terre Haute, Indiana 47802 ,812-244-4400 , is hereby designated to act as Contracting Officer's Representative (COR) underTO BE DETERMINED , for the period of effective date of award, through 60 months (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
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(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)
2852.222-70 Domestic Violence, Sexual Assault, and Stalking (DEC 2014)
(a) It is DOJ 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 Workforce 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/federal-workplacee-responses-to-domesticeviolence-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 Vendor employees and employees of subcontractors who will be assigned to work on DOJ premises.
(b) Upon contract award, DOJ will provide the Contractor with the name and contact information of the point of contact for victims of domestic violence, sexual assault, and stalking for the component or components where the Contractor will be performing. The Contractor agrees to inform its employees and employees of subcontractors, who will be assigned to work on DOJ premises, with the name and contact information of the point of contact for victims of domestic violence, sexual assault, and stalking.
(End of Clause)
2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (NOV 2020)
(a) “Unsafe condition” as used in this clause means the actual or potential exposure of Contractor or Government employees to a hazardous material.
(b) “Hazardous Material” as used in this clause includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract), any other potentially hazardous material requiring safety controls, or any other material or working condition designated as hazardous by the Contracting Officer's Representative (COR).
(c) The Occupational Safety and Health Administration (OSHA) is responsible for issuing and administering regulations that require Contractors to apprise its employees of all hazards to which they may be exposed in the course of their employment; proper conditions and precautions for safe use and exposure; and related symptoms and emergency treatment in the event of exposure.
(d) Prior to commencement of work, Contractors are required to inspect for and report to the Contracting Officer the presence of, or suspected presence of, any unsafe condition including asbestos or other hazardous materials or working conditions in areas in which they will be working.
(e) If during the performance of the work under this contract, the Contractor or any of its employees, or subcontractor employees, discovers the existence of an unsafe condition, the Contractor shall immediately notify the Contracting Officer, or designee (with written notice provided not later than three (3) working days thereafter), of the existence of an unsafe condition. Such notice shall include the Contractor's recommendations for the protection and the safety of Government, Contractor and subcontractor personnel and property that may be exposed to the unsafe condition.
(f) When the Government receives notice of an unsafe condition from the Contractor, the parties will agree on a course of action to mitigate the effects of that condition and, if necessary, the contract will be amended. Failure to agree on a course of action will constitute a dispute under the Disputes clause of this contract.
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(g) Nothing contained in this clause shall relieve the Contractor or subcontractors from complying with applicable Federal, State, and local laws, codes, ordinances and regulations (including the obtaining of licenses and permits) in connection with hazardous material including but not limited to the use, disturbance, or disposal of such material.
(End of Clause)
BOP 2852.237-77 Contractors Classified as Common Law Employees for Federal Income Tax Purposes (July 2017)
(a) When award is made to an individual other than a corporation, the provision of these services by an individual makes that individual a “common law employee” of the Bureau for federal income tax purposes only. Therefore, the Bureau is responsible for the payment of FICA taxes and the withholding of the individual contractor’s taxes.
(b) An award made to an individual resulting from this solicitation is not subject to FAR 52.212-4, Prompt Payment Act.
(c) Upon contract award, the following forms shall be completed by the individual awardee:
# Direct Deposit (SF-1199A).
# Federal/State/City/County Tax forms (as applicable).
# Employee Locator Form (DOJ-233).
# Ethnicity and Race Information (SF-181).
# Self-Identification of Disability (SF-256).
# Employment Eligibility Verification (I-9).
(d) Even if an individual contractor is denoted a “common law employee” for federal income tax withholding purposes, the contractor remains an independent contractor. No employment relationship will be created between the Bureau and the contractor by the award of this contract to an individual contractor. An individual contractor awardee is not entitled to other aspects of employment with the Bureau, such as the filing of Equal Employment Opportunity claims, tort claims, etc.
[End of Clause]
BOP 2852.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR 2011)
The services, although not directly supervised, shall be reviewed by Federal Bureau of Prisons (BOP) staff to ensure contract compliance. The contractor's performance will be evaluated in accordance with FAR 42.15. Contract monitoring reports will be prepared by the Contacting Officer's Representative (COR) and maintained in the contract file.
In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit it to the Past Performance Information Retrieval System (PPIRS). The BOP utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to provide contractor performance evaluations. The contractor shall provide and maintain a current e-mail address throughout the life of the contract. The contractor will receive an e-mail from the Focal Point thru the following website addresswebptsmh@navy.milwhen the contract is registered in CPARS. The e-mail will contain a "user ID" and temporary password to register in the CPARS system. The contractor must be registered to access and review its evaluation and/or provide a response. If assistance is required when registering, please contact the Contracting Staff/Focal Point.
(End of Clause)
DOJ-01 Whistleblower Information Distribution (Oct 2021)
Within 30 days of contract award, the contractor and its subcontractors must distribute the “Whistleblower Information for Employees of DOJ Contractors, Subcontractors, Grantees, or Sub-Grantees or Personal Services Contractors” (“Whistleblower Information”) document to their employees performing work in support of the products and services delivered under this contract (https://oig.justice.gov/sites/default/files/2020-04/NDAA-brochure.pdf). By agreeing to the terms and conditions of this contract, the prime contractor acknowledges receipt of this requirement, in accordance with 41 U.S.C. § 4712 and FAR
3.906 & 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
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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 and confirm receipt of the notification.
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