FCI Bennettsville - Hot Water Heater 25Z3AC3 Solicitation.pdf

U.S. Department of Justice Federal Bureau of Prisons

Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

Dear Quoter:

Attached is a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the provision of Two (2) Hot Water Heaters located FCI Bennettsville, SC. This package contains all necessary information to submit a quote.

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

All potential quoters are advised that this solicitation includes the provision at FAR 52.204-7, System for Award Management (SAM), of this provision requires that all quoters doing business with the Federal Government to be registered in the SAM database. Quoters should include their Unique Entity Identifier (UEI) in their quotes. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardees’ UEI into the SAM database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award. For the purposes of this solicitation, all quoters SAM registration should include NAICS code 423720.

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

Please ensure you review and complete the following sections of the solicitation:

1. FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

2. FAR 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2024)

3. Section 5.1 Quote Submission Requirements and Instructions.

Quotes shall be received on or before the deadline specified on Page 1, in Block 8 of the solicitation.

Quotes shall be submitted electronically via email to abradley1@bop.gov in pdf format only and will be deemed received at the time as indicated on the email notification. Faxed and hand delivered quotes will not be accepted.

Please submit any questions you may have in writing no later than 1 week prior to the solicitation closing date. Questions may be submitted via email to abradley1@bop.gov.

Sincerely, //s// Anne Bradley, Contract Specialist

15BFA025Q00000187 Page 1 of 44

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

1. REQUISITION NUMBER

15B31725PR000113

PAGE 1 OF

5. SOLICITATION NUMBER

15BFA025Q00000187

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

06/10/2025

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Anne Bradley abradley1@bop.gov

b. TELEPHONE NUMBER (No collect calls)

771-474-6749

8. OFFER DUE DATE / LOCAL

TIME

07/07/2025 13:00 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):

423720

SIZE STANDARD:

200 Employees

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

CODE15. DELIVER TO

Federal Bureau of Prisons FCI Bennettsville 696 Muckerman Road Bennettsville, SC 29512

CODE 15B31716. ADMINISTERED BY

Federal Bureau of Prisons FCI Bennettsville 696 Muckerman Road Bennettsville, SC 29512

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

15B317CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCI Bennettsville 696 Muckerman Road Bennettsville, SC 29512

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

The provision of (2) two water heaters and all necessary components in accordance with specifications FCI Bennettsville will install.

UEI: ___________________

CAGE: _______________

Email: _______________________

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 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)

Craig Redd

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

15BFA025Q00000187 Page 2 of 44

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

15BFA025Q00000187 Page 3 of 44

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule 3 Contract Clauses 4 List of Attachments 5 Solicitation Provisions

15BFA025Q00000187 Page 4 of 44

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Two (2) water heaters and all necessary components in accordance with specifications. FCI Bennettsville will install.

PSC: 4520

Delivery Schedule:

Quantity: 2.000000

Delivery Address: Federal Bureau of Prisons FCI Bennettsville 696 Muckerman Road Bennettsville, SC 29512

2 EA $________ $_________________

Total Aggregate Pricing: $ _________________________

Estimated delivery lead time: _______________________

2.1 Price Methodology

Award of a contract will be made to the quoter who submits a quotation, conforming to the requirements of the solicitation, determined to be the best value to the Government considering price and past performance history.

2.2 Specifications

REPLACE HOUSING UNIT C WATER HEATERS- PROJECT 2SZ3AC3

FEDERAL CORRECTIONAL INSTITUTION- Bennettsville, South Carolina

INTRODUCTION

The Federal Bureau of Prisons, FCI Bennettsville, located at 696 Muckerman Road, Bennettsville, SC 29512 intends to make a single award, firm fixed price contract to responsible entity that will provide two (2) water heaters. FCI Bennettsville will complete installation.

1. REQUIREMENT

1.1 OBJECTIVE

The Contractor shall provide to the Federal Bureau of Prisons (FBOP) all necessary labor, equipment, materials and related services for (2) New lntelliHOT Model IQ1501 Water Heaters at the Federal Correctional Institution, Bennettsville located at 696 Muckerman Road Bennettsville, SC 29512. The contractor will provide

(2) New lntelliHOT Model IQ1501 Water Heaters for delivery, start-up, and certifications on the (2) New lntelliHOT Model IQ1501 Water Heaters energy efficient gas or approved brand name equal.

1.2 BRAND NAME OR EQUAL

(2) New lntelliHOT Model IQ1501 Water Heaters energy efficient gas or approved brand name equal will be accepted. Should a quotation be issued by a contractor for equal products, the contractor shall submit all product information/specification for the equal products in the contractor's quote. All salient characteristics should be as follows: A high output, tankless, on demand water heater with a thermal efficiency of 96 percent

15BFA025Q00000187 Page 5 of 44 or greater. A compact unit not to exceed 70" x 30" x 60.4". Cascading capabilities for built in redundancy, and the heat exchangers shall be constructed of expandable stainless 316L.

1.3 CONTRACTOR RESPONSIBILITIES:

Contractor shall be responsible for the procurement, delivery of equipment, start-up and certifications.

Contractor will be certified/authorized by the manufacturer to perform start-up/repairs.

Contractor shall take all necessary precautions to ensure against all damage to the existing property. Any damaged items shall be repaired or replaced by the Contractor, at no additional cost to the contract, nor the Government.

Contractor shall coordinate with the Government Point of Contact (POC) to coordinate delivery schedule.

Contractor will be permitted to wear jeans in the institution. The clothes will be proper and suitable for the services that are being provided.

Lunches will be consumed at the work site. Contractor shall ensure they have everything they need for their lunch when they check-in first thing in the morning.

Federal smoking policy on Federal property states that smoking is only allowed in designated areas. This policy will be strictly enforced

The contractor will be responsible for notifying the Facilities Department if any interruption of service.

1.4 GOVERNMENT RESPONSIBILITIES:

The FBOP will provide a secure lay-down area for storage of all equipment and material deliveries from the Contractor. The FBOP does not take any responsibility for the security of such equipment and materials. The Contractor will work thru the POC to address any security issues relating to storage.

The Government will perform install.

1.5 UTILITIES

The FBOP will provide restroom services. Contractor will use staff restrooms.

1.6 SECURITY/WORKING HOURS

A. All work is to be completed between the hours of 8:00 AM - 3:00 PM, Monday- Friday, excluding weekends and federal holidays.

8. Any work required to be completed at any other time than noted above must be scheduled five (S} working days prior to the start of the work and approved by the Facility Manager and Contracting Officer.

C. No work will be conducted on weekends, or federal holidays.

1.7 DELIVERY OF MATERIALS

A. All construction materials/equipment required for work on this project is required to be processed by the Contractor and coordinated with the POC for temporary storage.

B. All other construction related deliveries which are directly shipped to the contractor can be received between the hours of 7:30 AM - 3:00 PM, Monday - Friday, excluding federal holidays. At no point will a FBOP staff member receive or sign for a delivery if the contractor or his representative is not present to verify and accept the delivery.

C. Under no circumstances will the FBOP or its staff be responsible for the acceptance of any Contractor or company deliveries.

D. The Contractor shall be responsible to provide for loading and unloading contractor material and equipment.

FBOP equipment will not be used.

15BFA025Q00000187 Page 6 of 44

E. The Contractor shall not use the driveway ramp for the loading, unloading, or storage of any materials or equipment. The contractor will not impede/block the driveway ramp at any time during or after the work shift.

1.8 STORAGE OF MATERIALS AND EQUIPMENT

All construction material/tools shall be stored in a designated area mutually agreed upon between the Government POC and the contractor. All tools will be inventoried prior to entering the institution. At the start of each workday all tools will be inventoried out on a daily tool inventory sheet and at the end of the workday all tools will be inventoried back in to ensure accurate accountability of all tools at the end of each workday.

1.9 SECURITY CLEARANCE/CONTRACTOR BADGES.

A. All contractors/sub-contractors (no exceptions} working on the grounds of FCI Bennettsville will pass a security clearance prior to entry.

B. The contractor will be responsible for providing the necessary information for security clearance on the paperwork for employees to a designated person (POC) that will be the point of contact.

C. In the event a contractor's employee does not pass the security clearance, it shall be the contractor's responsibility to submit another employee for security clearance.

A. All security clearances shall be submitted to a designated person (POC), a minimum of ten working days after receiving the packets. Security clearances will be in effect for the term of up to one year, prior to the expiration period ending September 30 of each calendar year.

B. All contractors and sub-contractor employees will provide a check list of all employees on site-each day to the Government POC, verifying the number of workers on site each day and that all workers are pre-approved to be on the site.

1.10 ADDITIONAL INFORMATION

A. Restrictions on Contract Workers - The contractor shall not supervise the sdults in custody (AIC), supervise Bureau of Prisons staff, participate in AIC accountability, requisition, sign for, or pick up supplies, formulate policy or procedures, or attend meetings, staff recalls or staff functions.

B. Adult In Custody (AIC) Management- The provision of services under this proposed contract will require frequent and unsupervised contact with AICs. The contractor will not be responsible for the management of AICs except to ensure that those AICs 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 will report any infractions of rules and regulations by any AIC to the Facility Manager or the Government Point of Contact.

C. Institution Security - The Contractor agrees to adhere to all regulations prescribed by the institutions in regards to the safety, custody, and conduct of AICs. The Bureau of Prisons requires all non-employees to sign in and out of the institution for security reasons. Contractor will be required to attend a one-time orientation program, consisting of approximately four (4) hours, prior to performing any services under this contact. The date and time for this orientation will be mutually agreed upon by both parties.

D. Method of Performance - The contractor has sole responsibility and discretion for choosing and implementing the manner and method of performing tasks outlined in this Statement of Work as long as the requirements are met in accordance with the policies described above.

The requirement, although not directly supervised, shall be reviewed by institution Facilities staff to ensure contract compliance. The contractor's performance will be evaluated in accordance with FAR Part 42. Contract monitoring reports will be prepared by the Government POC and maintained in the contract file.

2. TECHNICAL SPECIFICATIONS

2.1 INTRODUCTION:

The performance called for in this Statement of Work (SOW) consists of providing all necessary equipment and materials and related services to include the delivery and startup of (2) New lntelliHOT Model IQ1501 Water Heaters. This work shall be performed in strict accordance with this SOW. All recommendations suggested by the manufacturer will be included in the installation.

2.2 SCOPE OF WORK

The Contractor shall provide to the Federal Bureau of Prisons (FBOP} all necessary labor, equipment, materials and related services for (2) New lntelliHOT Model IQ1501 Water Heaters at the Federal Correctional Institution, Bennettsville located at 696 Muckerman Road, Bennettsville South Carolina 29512. The contractor

15BFA025Q00000187 Page 7 of 44 will provide (2) New lntelliHOT Model IQ1501 Water Heaters for delivery, start-up, and certifications for brand name or approved equal. Should a quotation be issued by a contractor for equal products, the contractor shall submit all product information/specification for the equal products in the contractor's quote.

2.3 SUBMITTALS

A. Product Data:

1. Written list of all materials for use in this project.

2. Manufacturer's literature, specifications, recommendations and installation instructions for lntelliHOT Water Heater.

B. Warranty:

1. Sample copy of manufacturer's standard warranty stating obligations, remedies, limitations, and exclusions of warranty.

C. Closeout Submittals:

1. Manufacturer's maintenance Instructions.

2.4 DELIVERY, STORAGE, AND HANDLING

A. Deliver water heaters to project site in original containers with seals unbroken and labeled with manufacturer's name, product brand and type date of manufacture, and directions for storing and mixing with other components.

2.5 PROJECT CONDITIONS

A. Work will be completed in a mechanical room inside Housing Unit C.

2.7 WARRANTY

A. Standard Manufacturer's Warranty: Submit a written warranty, without monetary limitation, signed by manufacturer, agreeing to promptly repair resulting from defects in materials or workmanship for a period of not less than 1 year.

3. PRODUCTS

3.1 MANUFACTURERS

(2) New lntelliHOT Model IQ1501 Water Heaters energy efficient gas or approved brand name equal.

3.2PREPARATION

A. The contractor will deliver the new water heaters to the Outside Warehouse. The contractor will be responsible for the assembly of the water heaters if needed.

B. The contractor will go thru a startup and operation of the water heaters with maintenance staff.

END OF STATEMENT OF WORK

2.3 Special Contract Conditions

The Bureau of Prisons, Field Acquisition Office, intends to award a firm-fixed price contract for the provision of water heaters to be delivered to Federal Correctional Institution (FCI) Bennettsville, located at 696 Muckerman Road, Bennettsville, SC 29512. General information about the facility is available at www.bop.gov.

Performance Period:

The contractor shall submit estimated lead time for delivery.

It is anticipated that an award will be made by approximately 16 July 2025 with a projected effective date of July 16, 2025.

15BFA025Q00000187 Page 8 of 44

Place of Performance/Point of Acceptance Federal Correction Institution (FCI) Bennettsville 696 Muckerman Road Bennettsville, SC 29512

Reviews: The Contracting Officer or designee is authorized to review by on-site survey, review of records, or by any other reasonable manner, the quality of supplies rendered under this contract. All records shall be subject to review by the Contracting Officer or other representative of the BOP. Payments will be denied when such service does not support the charges or if the service is deemed not necessary or appropriate. Such determinations may be made by the Contracting Officer or Contracting Officer Representative (COR), whichever is appropriate. All records shall be subject to review by the Contracting Officer or other delegated representatives of the BOP.

Contracting Officer Responsibility: Authority to negotiate changes in the terms, conditions, or amounts cited in this contract is reserved to the Contracting Officer. This responsibility may be delegated to an Administrative Contracting Officer by the Contracting Officer.

Contract Administration Office (CAO): The Contracting Office at FCI Bennettsville is assigned to be the CAO for a resultant Purchase Order. This assignment carries with it the authority to perform all normal contract administration functions as listed in FAR 42.303(a), items 1 through 71; to the extent those functions apply to this Purchase Order. This assignment also includes delegation of authority to perform functions specified in FAR 42-302(b), items 1 through 11.

Requirements for Security Clearances: The Contractor will not be subject to Government supervision, except for security related matters and monitoring of contract performance. The following investigative procedures may be applied, and appropriate forms completed before any Contractor employees are permitted inside an institution:

(1) National Crime Information Center (NCIC) check;

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

(3) FD-258 (fingerprint check);

(4) Law Enforcement Agency checks;

(5) Vouchering of Employers;

(6) Employment Resume;

(7) Completed Contractor Pre-employment Questionnaire;

(8) Release of Information;

(9) Questionnaire for Sensitive Positions (SF-85 for Low Risk, SF-85P for above low risk);

(10) Credit Check, if applicable;

(11) Urinalysis, if applicable.

Quoters should also note that clause DOJ-03, Personnel Security Requirements for Contractor Employees (Nov 2021) requires that contractor personnel have a "favorable credit report". Quoters are strongly encouraged to pre-screen potential candidates for credit issues before submitting the candidate to FCI Bennettsville.

By submitting a quote, the contractor and its employees agree to complete the required documents and undergo the listed procedures. An individual who does not pass the security clearance will be unable to enter the Bureau facility. Any individual employed by the contractor who is deemed not suitable by the Bureau requirements will not be granted access to perform services under the contract. This is a condition of the contract. Finally, the contractor shall be in compliance with 8 CFR 274a regarding employment of aliens.

15BFA025Q00000187 Page 9 of 44

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)

52.209-10 Prohibition on Contracting with Inverted Domestic

Corporations (Nov 2015)

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

52.232-18 Availability of Funds (Apr 1984)

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors (Mar 2023)

52.233-3 Protest after Award (Aug 1996)

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

52.242-13 Bankruptcy (July 1995)

Clauses By Full Text

52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond FY25. 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 FY25, 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.

15BFA025Q00000187 Page 10 of 44

(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]

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-03 Personnel Security Requirements For Contractor Employees (Nov 2021)

Work performed under this contract will involve any one or more of the following: access to DOJ Information, which may include Controlled Unclassified Information (CUI), i.e., unclassified, sensitive DOJ information, and/or access to DOJ Information Technology (IT) systems, and/or unescorted access to DOJ space or facilities. Contractor employees will occupy Public Trust Positions, unless clause alternates are applied.

1. General Requirements

(a) (1) All references to “contract(or) personnel” and “contract(or) employee” in this clause means all individuals, without limitation, to include individuals employed by the contractor, team member, subcontractor, consultant, and/or independent contractor, who will have access to information of the Department of Justice (DOJ) or information that is within the custody and control of the DOJ, access to DOJ IT systems, and/or unescorted access to DOJ facilities/space in connection with the performance of this contract. “Employment” as used herein does not create nor imply an employer/employee relationship between the DOJ and contractor employees.

(b) (1) The type of security investigation required for each contractor employee will be governed by the type and risk level of information made available to the contractor employee. The contractor will not be permitted to commence performance under this contract until a sufficient number of its personnel, as determined by the Security Programs Manager (SPM), in consultation with the Contracting Officer’s Representative if one is appointed, have received the requisite security approval.

(c) Except where specifically noted otherwise, the federal government will be responsible for the cost and conduct of the investigation.

15BFA025Q00000187 Page 11 of 44

(d) The contractor shall ensure that no contractor employee commences performance prior to receipt of a written authorization from the contracting officer, COR, or the SPM that performance by the respective contractor employee is authorized.

(e) The data and other information to which the contractor may have access as a result of this contract is the property of, and/or within the custody and control of, the Department, and its disclosure to third parties is governed by various statutes and regulations, the violation of which may subject the discloser to criminal penalties.

2. Citizenship and Residency Requirements

(a) Residency Requirement. (1) Contractor employees in Public Trust positions, both U.S. citizens and non-U.S.

citizens, must meet the Department’s residency requirement if they will require access to DOJ information, IT systems, or unescorted access to facilities. For three years (not necessarily consecutive years) out of the last five years immediately prior to employment under the Department contract the contractor employee must have: (i) resided in the U.S.; (ii) worked for the U.S. in a foreign country as either an employee or contractor in a federal civilian or military capacity; or, (iii) been a dependent of a federal civilian or military employee or contractor working for the U.S. in a foreign country. At the Department’s sole discretion, the residency requirement may be waived by the Department Security Officer (DSO) for contractor employees on a case-by-case basis where justified by extenuating circumstances. The residency requirement does not apply to contractor employees residing in foreign countries that are hired to work in American embassies/ consulates/missions located outside of the United States and who require access to DOJ information, IT systems, or unescorted access provided that an adequate background investigation can be conducted, with favorable adjudication, as determined by the DSO.

(b) Citizenship. (1) Aside from the specific exceptions set forth in Section 1.2(b)(2), for Public Trust positions, the DOJ requires that contractor employees be U.S. citizens and nationals, or lawful permanent residents seeking U.S. citizenship.

Any prospective non-U.S. citizen contractor employee who requires access to DOJ information systems, DOJ information, and/or unescorted facilities access must also have been granted a waiver as described below in paragraphs 1.2(d) and/or (e). The contractor is responsible for verifying that the non-U.S. citizens working under this contract are lawful permanent residents seeking U.S. citizenship.

(2) Exception for Certain Non-U.S. Citizen Contractor Employees: (i) Non-U.S. citizen expert witnesses, litigative consultants, and interpreters in rare foreign languages are not required to be lawful permanent residents seeking U.S. citizenship. However, they must be granted a waiver for access to unclassified DOJ information, whether CUI or not, DOJ IT systems, and/or unescorted facility access, as described below in paragraph 1.2(d) and (e), regardless of the duration of their duties. (ii) Non-U.S. Citizen contractor employees residing in foreign countries who are hired to work for the Department of Justice in American embassies/consulates/missions outside of the United States are not required to be lawful permanent residents seeking U.S. citizenship.

(c) Dual Citizenship. (1) U.S. citizens who hold dual citizenship with a foreign country are considered U.S. citizens within the meaning of this clause, and may be considered for, but are not entitled to, contract employment as U.S. citizens consistent with this clause. The means by which the contractor employee obtained or exercises his or her dual citizenship status will be a consideration in the Public Trust Investigation (PTI) adjudication, and/or waiver approval processes discussed in this clause.

(d) Access to DOJ Information Technology Systems. Non-U.S citizens are not authorized to access DOJ information technology (IT) systems or assist in the development, operation, management, or maintenance of DOJ IT systems, including providing IT system support, unless a waiver has been granted by the Head of the DOJ component or designee, with the prior concurrence of both the DSO and the DOJ Chief Information Officer, allowing computer access by the non- U.S. citizen. Such a waiver will be granted only in exceptional and unique circumstances on a case-by-case basis. It should be noted that the Justice Consolidated Office Network (JCON) is a sensitive DOJ IT system and any contractor employee who will need access to JCON must be a U.S. citizen or have received a waiver. In order for a waiver to be considered for approval: (1) There must be a compelling reason for using this individual as opposed to a U.S. citizen; (2) The type of personnel security vetting that has been conducted on the individual, and vetting results, that would mitigate risk; and (3) The waiver must be in the best interest of the federal government.

(e) Access to Unclassified DOJ Information and Unescorted Access to DOJ Facilities or Space. (1) Except as provided under 1.2(b)(2), non-U.S. citizens are not authorized to access DOJ information and/or unescorted access to DOJ facilities or space, unless a waiver has been granted by the DSO, allowing access by the non-U.S. citizen. Such a waiver will be granted on a case-by-case basis where justified at the discretion of the DSO.

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3. Background Investigation Requirements

(a) (1) Unless otherwise stated below, all contractor personnel are subject to a Public Trust Investigation (PTI). The SPM will determine the type of investigation for each contractor employee based on the risk category (i.e., the nature of the position and degree of harm that could be caused by the individual in that position) and whether the position is long-term or short-term. The PTI risk categories are listed below.

(i) High Risk Positions. The minimum background investigation required is a Tier 4 (T4) investigation, and the five-year reinvestigation required is a Tier 4R (T4R) investigation. The 2017 version of the Standard Form (SF) 85P, Questionnaire for Public Trust Positions, is required.

(ii) Moderate Risk Positions. The minimum background investigation required is a Tier 2 (T2) investigation. The five-year reinvestigation required is a Tier 2R (T2R) investigation. The 2017 version of the SF-85P is required.

(iii) Low Risk/Non-Sensitive Positions. The minimum background investigation required for Low Risk/Non- Sensitive positions is a Tier 1 (T1) investigation and the required five-year reinvestigation is also a Tier 1 (T1) investigation. The SF 85, Questionnaire for Non-Sensitive Positions, is required.

(b) Exception for Expert Witnesses. Expert Witnesses, litigative consultants, and interpreters in rare foreign languages may not be subject to full background investigation requirements if alternative security requirements are approved by the DSO.

(c) Short-Term U.S. Citizen Contractor Employees. Other than the exception in Section 1.3(b), short-term contractor employees (6 months or less) who are U.S. citizens are not subject to a full background investigation, however, must receive an approved pre-employment background investigation waiver. The required forms to complete and submit are listed in Section 1.4(b) and (c)(2).

(d) Long-Term U.S. Citizen Contractor Employees. Other than the exception in Section 1.3(b), all long-term U.S.

citizen employees (longer than 6 months) are subject to a full background investigation in the risk category appropriate to the position they will hold.

(e) Non-U.S. Citizen Contractor Employees. Other than the exception in 1.3(b), all non-U.S. citizen contractor employees regardless of performance duration (short or long term) are subject to a full background investigation in the risk category appropriate to the position they will hold.

(f) Reciprocity. (1) A Public Trust Investigation will be accepted under reciprocity if it meets the following guidelines:

(i) the investigation is current (investigations are considered current if completed within the last five years) and favorably adjudicated, or the reinvestigation has been deferred; (ii) the investigation meets or exceeds the level of investigation required for the DOJ contractual instrument; (iii) there has been no continuous (not cumulative) break in federal contract/ service employment of two years or more; (iv) there is no derogatory information since the favorable fitness determination or adjudication that calls into question the individual’s fitness based on character or conduct; and (v) the investigative record does not show conduct that is incompatible with the core duties of the new contract position. A “core duty” is a continuing responsibility that is of particular importance to the relevant covered position or the achievement of an agency’s mission. Core duties will vary from position to position.

4. Background Investigation Process

(a) e-QIP (or its successor). Public Trust background investigations/reinvestigations of contractor employees will be performed by the DCSA. The investigative process requires contractor employees to complete the Electronic Questionnaires for Investigations Processing (e-QIP) and provide additional information as specified in paragraph 1.4(b) below. Immediately after contract award, the contractor shall designate an employee as its “e-QIP Initiator” and provide the name of this person to the SPM. The e-QIP Initiator must have, at a minimum, a favorably adjudicated Tier 1 investigation and the appropriate DOJ security approval before being given access to e-QIP. After the e-QIP Initiator’s security approval is granted, the Contractor will be configured in e-QIP as a sub-agency to DOJ. The contractor will then be responsible for initiating investigations for all contract personnel, whose previous investigation does not meet reciprocity, in e-QIP for completion of the security questionnaire form and forwarding the electronic form with the remainder of the security package to the SPM. Subject to the prior written approval of the SPM, the contractor may designate an e-QIP Initiator for each subcontractor. Subcontractor e-QIP Initiators must have, at a minimum, a favorably adjudicated Tier 1 investigation and the appropriate DOJ security approval before being provided access to e-QIP.

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(b) Additional Documentation. (1) In addition to completing the e-QIP questionnaire (see 1.4(a), above), the contractor shall ensure that each contractor employee occupying Public Trust Positions, including short-term employees, completes and submits the following information through the contractor’s Corporate Security Officer:

(i) Digital Fingerprinting/FD-258 Applicant Fingerprint Card. Two sets are required per applicant. The contractor may schedule appointments with the SPM to be digitally fingerprinted; otherwise, fingerprinting by the FBI or other law enforcement entity, as approved by the SPM, is required to ensure the identity of the person being fingerprinted and for printing quality. All pertinent information must be completed by the individual taking the fingerprints (FBI or other). Use of the physical FD-258 Applicant Fingerprint Card should only be used in extenuating circumstances.

(ii) DOJ-555 Fair Credit Reporting Act Disclosure. Authorizes DOJ to obtain one or more consumer/credit reports on the individual. This form will be required if the Component SPM determines a credit check is necessary for its Low Risk Level 1 contractor positions.

(iii) OF-306, Declaration for Federal Employment.

(iv) Foreign National Relatives or Associates Statement. This is only required if foreign national relatives or associates were not disclosed on the security questionnaire form.

(v) Self-Reporting Requirements for All Contractor Personnel. This is an acknowledgement and acceptance statement that every contractor must sign.

(vi) Additional information as may be required based on the review of the security questionnaire form.

The contractor shall review all forms/documents to ensure each is complete, accurate and meets all DOJ requirements, including applicable residency and citizenship requirements. The contractor shall resolve any issues or discrepancies with the contractor employee, including resubmission of corrected forms or documentation. Completed forms/documents shall be submitted to the SPM (or designee, which may include the COR) within five (5) calendar days after being finalized.

(c) Adjudication and Pre-Employment Background Investigation Waivers

(1) Except as set forth in this section, background investigations must be conducted and favorably adjudicated for each contractor employee prior to commencing their work on this contract. Where programmatic needs do not permit the federal government to wait for completion of the entire background investigation, a pre-employment background investigation waiver for public trust contractors can be granted by the SPM, in consultation with the cognizant COR. Pre-employment waivers cannot be used to circumvent delays in clearing classified contractors through the DCSA, if access to classified information is required.

(2) As directed by the SPM, the contractor shall initiate pre-employment waivers for Public Trust Positions when necessary. This may entail performing credit history checks and submission of these checks as part of the security package, including satisfactory resolution of any issues prior to submission to the federal government. A waiver will be disapproved if it develops derogatory information that cannot be resolved in the contractor employee’s favor. When a waiver has been disapproved, the CO, in consultation with the SPM and COR, will determine (i) whether the contractor employee will no longer be considered for work on a DOJ contract or (ii) whether to wait for the completion and favorable adjudication of the background investigation before the contractor employee commences work on a Department contract.

The pre-employment background investigation waiver requirements include:

1. Verification of citizenship (copy of a birth certificate, naturalization certificate, or U.S. passport);

2. Verification of compliance with the DOJ Residency Requirement of this Clause;

3. Favorable review of the security questionnaire form;

4. Favorable FBI fingerprint results;

5. Favorable credit report;

6. Favorable review of the OF-306 form, Declaration for Federal Employment;

7. Verification of the initiation of the appropriate background investigation (for long-term personnel); and

8. Receipt of the signed DOJ Self-Reporting Requirements for All Contractor Personnel (see Section 6, below).

(3) The investigating agency (DCSA) will provide the SPM with the results of each proposed contractor employee’s Public Trust investigation. Upon receipt of the investigation and any other pertinent documents from the investigating agency, the SPM will determine whether each proposed contractor employee should be granted employment security approval.

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(4) The COR will notify the contractor of the results of Public Trust background investigations as they are completed and adjudicated, including any individual who is found ineligible for employment security approval. For any individual found ineligible for employment on a Department contract, the contractor shall propose a replacement and initiate the background investigation process consistent with this clause.

5. Identity Proofing and Badging

(a) Access to DOJ Information, federally-controlled IT systems, and/or unescorted access to federally-controlled facilities or space (regardless of whether the contractor employee will be issued a DOJ PIV card or building access badge) shall be made available after each respective contractor employee has (1) met the identity proofing requirements outlined below, and (2) completed all other security requirements stated elsewhere in this contract.

(b) (1) Public Trust contractor employees must appear in person at least once before a DOJ official or an official of a trusted contract company (i.e., has a facility security clearance) who is responsible for checking two forms of identification in original form prior to commencement of work by the contractor employee and PIV card or building access badge issuance (as applicable). Approval will be documented by the DOJ official or an official of a trusted contract company.

(Acceptable documents are listed in Form I 9, Employment Eligibility Verification, and at least one document must be a valid state or federal government issued picture ID).

(c) [Reserved]

(d) All contractor employees requiring unescorted access to a DOJ controlled facility or space shall comply with the PIV card or building access badge requirements outlined below:

(i) When any contractor employee enters a DOJ building for the first time, he/she shall allow one hour for security processing and the creation and issuance of a building access badge. PIV cards require additional processing time and will not likely be issued on the same day.

(ii) Building access badges shall be subject to periodic review by the contractor employee's supervisor and checked against his/her personal identification. The contractor employees shall present themselves for the issuance of renewed badges when required by the government as scheduled by the COR or his/her designee.

The contractor shall notify the COR when contractor employee badges are lost, and must immediately apply for reissuance of a replacement badge. The contractor shall pay for reissued building access badges at no cost to the government. It is the contractor employee's responsibility to return badges to the COR or his/her designee when a contractor employee is dismissed, terminated or assigned to duties not within the scope of this contract.

6. Employee Reporting Requirements

(a) All contractor employees must sign the DOJ Self-Reporting Requirements for All Contractor Personnel statement acknowledging and accepting the DOJ requirement that they immediately self-report certain information using the Department’s iReport system. The COR or SPM will provide the Self-Reporting statement as well as a list of reportable information, which varies by position sensitivity designation, to the contractor employee before commencing work under the contract. If the contractor employee does not have access to the DOJ iReport System, the COR or SPM will provide a fillable form for the contractor employee to complete and submit.

(b) The COR and SPM will review the written report and documentation and make a determination regarding continued employment on a DOJ contract.

(c) DOJ reporting requirements are in addition to the DCSA reporting requirements and the contractor’s internal reporting requirements.

7. Replacement Personnel

(a) The contractor shall make every effort to avoid costs to the government for security investigations for replacement of contractor employees, and in so doing shall ensure that otherwise satisfactorily performing and physically able contractor employees remain in contract performance for the duration of the contract. The contractor shall take all necessary steps to ensure that contractor personnel who are selected for assignment to this contract are professionally qualified and personally reliable, of reputable background and sound character, and able to meet all other requirements stipulated in the contract.

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(b) The fact that the government performs security investigations shall not in any manner relieve the contractor of its responsibility to ensure that all contract personnel are reliable and of reputable background and sound character. Should a security investigation conducted by the government and/or a contractor’s self-report or failure to self-report render ineligible a contractor employee, the contracting officer will determine whether the contractor has violated this clause.

The contracting officer may direct the contractor, at its own expense, to remove and replace any contractor personnel who fails to comply with or violates applicable requirements of this contract. Such action may be taken at the government’s direction without prejudice to its rights under any other provision of this contract, including termination for default, and the contractor may be held liable, at a minimum, for all reasonable and necessary costs incurred by the government to (i) provide coverage (performance) through assignment of individuals employed by the government or third parties in those cases where absence of contractor personnel would cause either a security threat or DOJ program disruption and (ii) conduct security investigations in excess of those which would otherwise be required.

(c) Nothing in this clause shall require the contractor to bear costs involved in the conduct of security investigations for replacement of a contractor employee who separates from the contractor of his/her own accord, is incapacitated, or is deceased.

(d) The contractor shall comply with the terms and conditions set forth under this clause and assumes all liability for failure to comply.