CDL RFQ.pdf

15B50224Q00000009 Page 1 of 40

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

15B50224Q00000009

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

08/22/2023

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Sarah Burke sburke@bop.gov

b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

TIME

09/01/2023 02:00 CT

CODE 15B502

Federal Bureau of Prisons

FCC Beaumont

5430 Knauth Road

Beaumont, TX 77705

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:

30,000,000

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

BBMXCODE15. DELIVER TO

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

CODE BBMX16. ADMINISTERED BY

Federal Bureau of Prisons FCC Beaumont

PO BOX 26015

Beaumont, TX 77720

Sarah Burke

(O) 409-727-8187 ext. 3234

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

BBMXCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCC Beaumont

PO BOX 26015

Beaumont, TX 77720 cbozeman@bop.gov dtydlacka@bop.gov edean@bop.gov pxxwhite@bop.gov

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

Vocational Training Service, Commercial Driver's License Course at FCC Beaumont, Satellite Prison Camp

Quoters provide the following information.

UEI:____________________________

TIN:_________________________

EMAIL ADDRESS:____________________________

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

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 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)

Sarah Burke

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

15B50224Q00000009 Page 2 of 40

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

15B50224Q00000009 Page 3 of 40

Table of Contents

Section Description Page Number

Solicitation/Contract Form 1 Commodity or Services Schedule

Statement of Work 2 Contract Clauses

52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

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

2004) FAO-0003 Required Insurance 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

OR OTHER NATIONAL EMERGENCY (May 2008) DJAR-PGD-15-03 Security of Department Information and Systems 52.21-603-70 Contracting Officer's Representative (COR) (June 2012) 52.216-21 Requirements (Oct 1995) 52.228-5 Insurance-Work on a Government Installation (Jan 1997) 52.216-18 Ordering (Aug 2020) 52.216-19 Order Limitations (Oct 1995) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.232-23 Assignment of Claims (May 2014) 52.232-18 Availability of Funds (Apr 1984) 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018) 52.204-7 System for Award Management (Oct 2018) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (Aug 2018) 52.232-1 Payments (Apr 1984) 52.232-8 Discounts For Prompt Payment (Feb 2002) 52.232-11 Extras (Apr 1984) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-1 Disputes (May 2014) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.253-1 Computer Generated Forms (Jan 1991) 52.249-4 Termination for Convenience of the Government (Services) (Short Form) (Apr 1984) 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) 52.203-12 Limitation On Payments to Influence Certain Federal Transactions (Jun 2020) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Jun 2020) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (Sept 2016) 52.222-35 Equal Opportunity for Veterans (Jun 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020) 52.222-37 Employment Reports on Veterans (Jun 2020) 52.222-50 Combating Trafficking in Persons (Oct 2020) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) 52.223-19 Compliance With Environmental Management Systems (May 2011)

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52.224-1 Privacy Act Notification (Apr 1984) 52.224-2 Privacy Act (Apr 1984) 52.224-3 Privacy Training (Jan 2017) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018)

3 List of Attachments 4 Solicitation Provisions

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) 52.212-3 Offeror Representations and Certifications-Commercial Items (Feb 2021) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017) 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation (Dec 2016) 52.204-22 Alternative Line Item Proposal (Jan 2017) 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids (Nov 1999) 52.215-1 Instructions to Offerors-Competitive Acquisition (Jan 2017) 52.212-1 Instructions to Offerors-Commercial Items (Jul 2021) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-7 System for Award Management (Oct 2018)

15B50224Q00000009 Page 5 of 40

Section 1 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Provide CLASS A Commercial Driver's License (CDL) Vocational Training Services - (FPC only)

Period of Performance: Effective Date of Award (EDOA) through 12 months of Date of Award.

COURSE LENGTH: __________________________________

PSC: U006

EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Provide CLASS B Commercial Driver's License (CDL) Vocational Training Services - (FPC only)

Period of Performance: Effective Date of Award (EDOA) through 12 months of Date of Award.

COURSE LENGTH: __________________________________

PSC: U006

EA $________ $_________________

Statement of Work

SUBJECT:

The Federal Bureau of Prisons (FBOP), the Federal Correctional Complex (FCC) Beaumont, Texas, 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 adult males in custody (hereinafter referred to as students) via on-site academic instruction. Upon successful completion of classroom training students will be provided the opportunity to sit for the exam to earn their Class A commercial learner's permit (CLP). Upon CLP achievement, students will experience hands on training of both Class A and Class B vehicles. Upon successful completion of hands-on skills training, students will be provided the opportunity to take the Commercial Driver's License skills examination. Students who pass their exam will earn their Commercial Driver's License (CDL). 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 of this contract will be based on the best price received, which offers the best value to the Government. 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 from a cost and price standpoint.

PERIOD OF PERFORMANCE:

The period of performance for this contract will include one base year (date of award through 12 months from date of award).

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.

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. 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. A minimum of four (4) and a maximum of eight (8) students will be enrolled in each session.

Offerors are encouraged to submit a proposed schedule with rotating classes, days, and times. The schedule should include proposed courses, term length of each proposed course, with dates/times, and add/drop dates for each course/program.

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 inmates the opportunity to gain in demand skills in a specific occupation, industry, or trade. The marketable program must qualify inmate graduates for at least an entry-level position in the workforce upon release. The contractor shall specify in writing to the SOE on the position(s) of employment for which inmate 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.

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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 inmate 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.

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.

Contractor staff 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 his 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 inmates upon completion of a specific occupational education program. However, the individual skill competency certification will not replace the training program's overall accreditation.

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

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 staff 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 inmates, supervise Bureau of Prisons staff, participate in inmate accountability, requisition, sign for, or pick up supplies, formulate policy or procedures, attend meetings, recalls or staff functions.

CLASSROOM/INMATE MANAGEMENT:

The contractor must agree to adhere to all regulations prescribed by the Federal Bureau of Prisons for the safety, custody and conduct of inmates. The custody of federal inmates remains a primary responsibility of the Federal Correctional Complex. The provision of services under this proposed contract will require frequent and unsupervised contact with inmates. The contractor will not be responsible for the management of inmates, except to ensure that those inmates 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 a staff member to accompany the class. On-site academic instructors will be responsible for documenting attendance. Instructors shall notify the SOE or designee immediately if an inmate student is absent. The contractor will report any infractions of rules and regulations by any inmate to the SOE.

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 inmates. 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:

(l) National Crime Information Center check (NCIC)

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

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(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 (l l) 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 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

15B50224Q00000009 Page 10 of 40 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 PROPOSALS:

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 include cost per student to test for CLP.

• 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 program.

• A narrative to address experience, qualifications and reference past performance on past/current Federal Government contracts.

• Curriculum Guide for each CDL Program.

• Interested parties must address instances of past performance problems in referenced contracts and explain how these problems were resolved. Failure to satisfactorily explain past performance problems will have an adverse effect on the past performance evaluation.

• Interested parties should submit information on any awards or commendations received regarding their past performance as these could have a positive effect on the past performance evaluation.

• Adverse past performance information identified during the initial evaluation, which concerns referenced contracts and/or contracts identified by other sources (Past Performance Information Retrieval System), will be revealed to the offeror if the adverse information might affect the offeror's competitive standing. The offeror will be afforded the opportunity to rebut such information before an award without discussions is made and/or the competitive range is established - when applicable.

• Past performance problems not resolved before establishment of the competitive range will be treated as significant weaknesses and addressed during discussions.

15B50224Q00000009 Page 11 of 40

Section 2 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Items (Oct 2018)

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)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr

1984)

52.232-23 Assignment of Claims (May 2014)

52.232-18 Availability of Funds (Apr 1984)

52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018)

52.204-7 System for Award Management (Oct 2018)

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

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities

(Jul 2018)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (Aug 2020)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015)

52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)

15B50224Q00000009 Page 12 of 40

Clause Title Fill-ins (if applicable)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and

Construction Contracts (Aug 2018)

52.232-1 Payments (Apr 1984)

52.232-8 Discounts For Prompt Payment (Feb 2002)

52.232-11 Extras (Apr 1984)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Dec 2013)

52.233-1 Disputes (May 2014)

52.233-3 Protest after Award (Aug 1996)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.253-1 Computer Generated Forms (Jan 1991)

52.249-4 Termination for Convenience of the Government (Services) (Short

Form) (Apr 1984)

52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984)

52.203-12 Limitation On Payments to Influence Certain Federal Transactions

(Jun 2020)

52.209-6 Protecting the Government's Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (Jun

2020)

52.222-21 Prohibition of Segregated Facilities (Apr 2015)

52.222-26 Equal Opportunity (Sept 2016)

52.222-35 Equal Opportunity for Veterans (Jun 2020)

52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020)

52.222-37 Employment Reports on Veterans (Jun 2020)

52.222-50 Combating Trafficking in Persons (Oct 2020)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

(Jun 2020)

52.223-19 Compliance With Environmental Management Systems (May 2011)

52.224-1 Privacy Act Notification (Apr 1984)

15B50224Q00000009 Page 13 of 40

Clause Title Fill-ins (if applicable)

52.224-2 Privacy Act (Apr 1984)

52.224-3 Privacy Training (Jan 2017)

52.232-33 Payment by Electronic Funds Transfer-System for Award Management

(Oct 2018)

Clauses By Full Text

52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication

201 (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I.

1. Long-Term Contractor Personnel:

In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 contractor employee whose background investigation (BI) process begins on or after October 27, 2005:

a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form I-9, OMB No. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture ID);

b. Contractor Personnel must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed sometime during the clearance process but prior to badge issuance and must be documented by the DOJ official;

c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position.

Outlined below are the minimum BI requirements for each risk level:

• High Risk - Background Investigation (5 year scope)

• Moderate Risk - Limited Background Investigation (LBI) or Minimum Background Investigation (MBI)

• Low Risk - National Agency Check with Inquiries (NACI) investigation

d. The pre-appointment BI waiver requirements for all position sensitivity levels are a:

1) Favorable review of the security questionnaire form;

2) Favorable fingerprint results;

3) Favorable credit report, if required;3

4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level;

and

5) Favorable review of the National Agency Check (NAC) 4 portion of the applicable BI that is determined by position sensitivity/risk level.

A badge may be issued following approval of the above waiver requirements.

If the NAC is not received within five days of OPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau of Investigation Criminal History Check (i.e., fingerprint check results).

e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges issued under these procedures will be suspended or revoked.

2. Short-Term Contractor Personnel:

It is the policy of the DOJ that short-term contractors having access to DOJ information systems and/or DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items 1a. and 1b. above. The pre-appointment waiver requirements for short-term contractors are:

a. Favorable review of the security questionnaire form;

b. Favorable fingerprint results;

c. Favorable credit report, if required;5 and

d. Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commensurate BI does not need to be initiated.

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A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of issuance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PIV-I identity proofing process.

For example, if a contractor employee requires daily access for a three or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a second request is submitted for the same contractor employee within a twelve-month period for the purpose of extending the initial contract or for employment under a totally different contract for another three or four-week period, this contractor would now be considered "long-term" and must be cleared according to the long-term requirements as stated in this interim policy.

3. Intermittent Contractors:

An exception to the above-mentioned short-term requirements would be intermittent contractors.

a. For purposes of this policy, "intermittent" is defined as those contractor employees needing access to DOJ information systems and/or DOJ facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For example, the water delivery contractor that delivers water one time each week and is working on a one-year contract.

b. Contractors requiring intermittent access should follow the Department's escort policy. Please reference the August 11, 2004, and January 29, 2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted access.

c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contractor, the same pre-employment background investigation waiver requirements that apply to short-term contractors are required.

d. If an intermittent contractor is approved for unescorted access, the contractor will only be issued a daily badge. The daily badge will be issued upon entrance into a DOJ facility or space and must be returned upon exiting the same facility or space.

e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year.

4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated BI meeting HSPD-12 and DOJ's BI requirements.

5. The DOJ's current escorted contractor policy remains unchanged by this acquisition notice.

Notes:

1. FIPS 201 is available at: www.csrc.nist.gov/publications/fips/fips201/FIPS-201-022505.pdf

2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-I identity proofing process, including initiation and adjudication of the required background investigation, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-II) requires badge issuance to all affected long-term contractors.

3. For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package.

4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations to OPM. Per OPM ' s instructions, to obtain an Advance NAC Report, a Code " 3" must be placed in block " B " of the " Agency Use Only " section of the investigative form. This report is available for all case types.

5.For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package.

[End of Clause]

52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)

For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commitment, individuals or contractor employees providing services must have:

1. Legally resided in the United States (U.S.);

2. worked for the U.S. overseas in a Federal or military capacity; or

3. been a dependent of a Federal or military employee serving overseas.

If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current information regarding allied countries: http://www.opm.gov/employ/html/citizen.htm By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.

[End of Clause]

FAO-0003 Required Insurance

See FAR 52.228-5, Insurance - Work on a Government Installation.

The Contractor shall, at its own expense, provide and maintain during the entire performance period of this contract, at least the kinds and minimum amounts of insurance required in the

15B50224Q00000009 Page 15 of 40

Schedule or elsewhere in the contract.

TYPE AMOUNT

(1) WORKERS COMPENSATION & EMPLOYER'S LIABILITY $100,000

The required Workmen's Compensation Insurance shall extend to cover employee's liability for accidental bodily injury or death and for occupational disease with a minimum liability of $100,000.

(2) COMPREHENSIVE GENERAL LIABILITY with a minimum limit of:

PER ACCIDENT OR

OCCURRENCE FOR BODILY INJURY $500,000

This insurance shall include contractor's protective and contractual liability.

(3) COMPREHENSIVE AUTOMOBILE LIABILITY with the following minimum limits:

PER PERSON $200,000

PER OCCURRENCE FOR BODILY INJURY $500,000

PER OCCURRENCE FOR PROPERTY DAMAGE $ 20,000

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

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

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

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

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

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

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

(End of Clause)

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

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

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

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

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

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

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

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

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

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

• Integrate pandemic health crisis response expectations into telework agreements.

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

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

• Practice telework regularly to ensure effectiveness.

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

• Identify how time and attendance will be maintained.

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

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

[End of Clause]

DJAR-PGD-15-03 Security of Department Information and Systems

I. Applicability to Contractors and Subcontractors

This clause applies to all contractors and subcontractors, including cloud service providers (“CSPs”), and personnel of contractors, subcontractors, and CSPs (hereinafter collectively, “Contractor”) that may access, collect, store, process, maintain, use, share, retrieve, disseminate, transmit, or dispose of DOJ Information. It establishes and implements specific DOJ requirements applicable to this Contract. The requirements established herein are in addition to those required by the Federal Acquisition Regulation (“FAR”), including FAR 11.002(g) and 52.239-1, the Privacy Act of 1974, and any other applicable laws, mandates, Procurement Guidance Documents, and Executive Orders pertaining to the development and operation of Information Systems and the protection of Government Information. This clause does not alter or diminish any existing rights, obligation or liability under any other civil and/or criminal law, rule, regulation or mandate.

II. General Definitions

The following general definitions apply to this clause. Specific definitions also apply as set forth in other paragraphs.

A. Information means any communication or representation of knowledge such as facts, data, or opinions, in any form or medium, including textual, numerical, graphic, cartographic, narrative, or audiovisual. Information includes information in an electronic format that allows it be stored, retrieved or transmitted, also referred to as “data,” and “personally identifiable information” (“PII”), regardless of form.

B. Personally Identifiable Information (or PII) means any information about an individual maintained by an agency, including, but not limited to, information related to education, financial transactions, medical history, and criminal or employment history and information, which can be used to distinguish or trace an individual's identity, such as his or her name, social security

15B50224Q00000009 Page 17 of 40 number, date and place of birth, mother's maiden name, biometric records, etc., including any other personal information which is linked or linkable to an individual.

C. DOJ Information means any Information that is owned, produced, controlled, protected by, or otherwise within the custody or responsibility of the DOJ, including, without limitation, Information related to DOJ programs or personnel.