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IFBP05051200001 Page 3 of 32

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2.1 Pricing Methodology

2.2 Statement of Work

3 Contract Clauses 52.216-18 Ordering (Oct 1995) 52.216-19 Ordering Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.219-9 Option to Extend the Term of the Contract (Mar 2000) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 1989) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) 52.21-603-70 Contracting Officer’s Representative (COR) (June 2012) 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)

52.242.1502 Evaluation of Contractor Performance Utilizing CPARS (Apr 2011) DOJ 2640.2F Department of Justice Order 2640.2F (NOV 2009) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (May 2012) 4 List of Attachments

4.1 Special Contract Conditions

5 Solicitation Provisions 52.216-1 Type of Contract (Apr 1984) 52.233-2 Service of Protest (Sept 2006) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)

5.1 Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items (Feb 2012) 52.27-103-71 Faith-Based and Community-Based Organizations (AUG 2005) 52.212-3 Offeror Representations and Certifications – Commercial Items (Apr 2012)

IFBP05051200001 Page 4 of 32

Section 2 – Commodity or Service Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

To provide Office Technology Instructor Services for FMC Carswell, Texas. Base Year Effective Date of Award through September 30, 2013. Estimated Maximum.

To provide Office Technology Instructor Services for FMC Carswell, Texas. Option Year #1 – October 1, 2013 through September 30, 2014. Estimated Maximum.

To provide Office Technology Instructor Services for FMC Carswell, Texas. Option Year #2 – October 1, 2014 through September 30, 2015. Estimated Maximum.

To provide Office Technology Instructor Services for FMC Carswell, Texas. Option Year #3 – October 1, 2015 through September 30, 2016. Estimated Maximum.

To provide Office Technology Instructor Services for FMC Carswell, Texas. Option Year #4 – October 1, 2016 through September 30, 2017. Estimated Maximum.

1,791.000000

1,755.000000

1,773.000000

1,746.000000

1,773.000000

SS

2.1 Pricing Methodology

Total amount for the Base Year and 4 Option Years $______________________________

PRICING METHODOLOGY

The Contractor shall provide non-personal services, upon request by the institution as detailed in the Statement of Work. The Government reserves the right to award without discussion. Therefore, each initial bid should contain the bidder's best terms from a cost or price standpoint.

Services are required to be provided in accordance with the Statement of Work (SOW).

The contract rate for these services shall be on a per session basis. Session lengths are defined as one (1) hour. The contract rate shall include all charges for providing these services. The contract pricing shall include all charges to the Government for performing the services required by this solicitation/contract (e.g., bonding, overhead, profit, supervision).

The quantity of services to be provided by the Contractor is estimated above. These estimates are not a representation to a bidder or contractor that the estimated quantities will be required or ordered, or that conditions effecting requirements will remain stable or normal. The bidders are required to submit a completed copy of the Schedule of Supplies/Services, located in the table above, inclusive of the base year and all option years.

Pursuant to FAR 17.203(b), the Government's evaluation shall be inclusive of options. Pursuant to FAR 17.203(d), the bidder may bid varying prices for options, depending on the quantities actually ordered and the dates when ordered.

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2.2 Statement of Work

VOCATIONAL OFFICE TECHNOLOGY INSTRUCTOR SERVICES

SUBJECT

The Federal Bureau of Prisons (BOP), Field Acquisition Office, Grand Prairie, Texas intends to make an award of an indefinite delivery/requirements type contract with firm fixed prices to a responsible entity for the provision of two (2) Vocational Office Technology Instructors for the Office Technology Occupation/Vocational Training program for female offendors at the Federal Medical Center (FMC) - Carswell and the Satellite Camp - Carswell, located in Fort Worth, Texas. General Information regarding the Federal Bureau of Prisons (BOP), its facilities, and referenced Program Statements can be located at www.bop.gov. The Government reserves the right to award without discussion and to award as a single award. Therefore, each initial bid should contain the bidder's best terms from a cost or price standpoint. The base period of performance shall begin on the effective date of award through September 30, 2013, with the government’s unilateral right to exercise up to four, 12 month option periods.

REQUIRED SERVICES

The contractor shall provide, on a non-discriminatory basis, two (2) Office Technology Instructors for the Office Technology Occupation/Vocational Training program at the Federal Medical Center (FMC) - Carswell and the Satellite Camp - Carswell, located in Fort Worth, Texas. The focus of the program is to provide inmates with the opportunity to develop marketable skills by providing classes that will better prepare them for entry level jobs upon release. The contractor will provide classroom instruction to the inmate students, will maintain attendance records, and will maintain performance records all of which will become part of the inmate students' permanent record.

PLACE OF PERFORMANCE

Instructional services and classes will be provided on-site at the Federal Medical Center - Carswell located at the Naval Air Station, J Street Building 3000, Fort Worth, TX 76127.

SCHEDULE

Services in the main hospital will normally consist of six (6), one (1) hour sessions per day, Monday through Thursday (except Federal holidays), normally between the hours of 7:30 A.M. and 3:30 P.M., with a two (2) hour unpaid lunch period (approximately 10:30 A.M. – 12:30 P.M.). The facility is expected to require an average of 24 sessions per week for services in the main hospital. Services at the Satellite Camp will normally consist of three (3), one (1) hour sessions per day, Monday through Thursday (except Federal holidays), normally between the hours of 12:30 P.M. and 3:30 P.M. The facility is expected to require an average of 12 sessions per week for services at the Satellite Camp. The schedule shall not exceed thirty (30) hours per week for an individual. The Supervisor of Education will be responsible for defining each weekly schedule. The schedule is subject to change based on the variable needs of the institution and the unpredictable nature of the correctional environment.

Due to the nature of the correctional setting, delays in performance of work may be expected. Such delays may include, but are not limited to inclement weather, electrical or mechanical problems, or other security matters. When contract employees report to the institution but are unable to perform services due to such delays, the Contractor will be paid for one (1) session. Normally, any remaining sessions for that day will be suspended and the Contract worker will be free to leave and the Contractor will not be paid for remaining non-performed sessions. However, if the institution requests that the Contract employee remain at the institution for eventual performance, the Contractor shall be paid for such sessions.

SUPPLIES

The contractor will be responsible for providing classroom instruction. The Government will supply any specialized equipment, textbooks, folders, classroom space, chalkboards, television monitors and VCR/DVD's, and routine classroom supplies as needed.

The Contractor will not bring in any equipment, tools, or class supplies without the prior approval of the Supervisor of Education.

Computers and computer programs will also be supplied by the government as deemed necessary for course completion. The use of computers will be strictly monitored and must be in compliance with institution policies regarding computer security.

The Government will furnish all required Government forms to be used in the performance of services. All records maintained by the contractor under this contract will remain the property of the BOP. All equipment and supplies provided by FMC Carswell shall remain the property of the facility.

IFBP05051200001 Page 6 of 32

DESCRIPTION OF RESPONSIBILITIES

The Contractor will provide effective classroom management and instruction to adult inmate students. The Contractor will follow the approved curriculum for the Office Technology course. The Contractor will prepare lesson plans, daily lessons/activities, and instruct inmate students in a manner which will lead to successful completion of the program. A completion rate of 80% is mandatory.

The Contractor will be skilled in interpersonal communications and relations, group dynamics, counseling, and in one-on-one assistance for adults. In addition, the Contractor must review skills, asset student development, and make recommendations for improvements. The Contractor will check and monitor attendance of inmate students.

The Contractor will provide course instruction to include but not limited to the following topics:

1. Fundamentals and Principles of computer operation

2. Keyboarding

3. Introduction to Software Programs (Excel, Word, Windows, Power Point, etc.)

4. Office Procedures

5. Document Formatting

6. Resume Writing

The Contractor shall be capable of teaching adult students from a wide range of educational levels. The Contractor is required to use a variety of teaching techniques to include classroom lectures, demonstrations, hands on work experience, and live work projects as outlined in the Federal Bureau of Prison’s program statement for occupational education programs. The Contractor will administer pre- and post-tests to ensure program goals are identified and met. The Contractor will provide procedures and criteria to certify student performance and technical knowledge.

The Contractor will update the curriculum as needed to include current techniques and equipment changes. Any changes in scheduled programming or the curriculum must be approved by the Supervisor of Education and the Office of Information Systems in the Central Office.

The Contractor must act as coordinator/aide and will be responsible for implementing and maintaining the total program. The Contractor will establish and coordinate registration and class requirements, and provide inmates with all documents and information necessary for enrolling in classes.

The Contractor will provide approved and qualified personnel to act as substitute teacher in the event of a scheduled absence. Due to the sensitive nature of the correctional environment, contractors are expected to be prompt in reporting to work in order to account for inmates and to start the program timely.

COMPUTER SECURITY

The Contractor will receive and review the Information Systems & Security Program Statement to ensure components of the program statement are followed. Computer Services staff may review the contents of any computer/equipment at any time to verify compliance with policies and procedures as set forth by the Bureau of Prisons program statements regarding computer security.

The Contractor will develop and implement an inventory management system to track acquisition and disposition of computer equipment to include accountability of equipment.

The Contractor will provide constant and effective supervision of inmates participating in the Office Technology program. The Contractor will maintain, secure, and properly dispose of equipment to prevent unauthorized access by the inmate population.

The Contractor will develop a Disk Control Plan of accountability of all removable storage media utilized by inmate students.

This plan will be approved by the Computer Services staff.

The Contractor will maintain an accurate inventory of all computer/equipment components and software that enter and maintained at FMC Carswell.

IFBP05051200001 Page 7 of 32

UNIFORM REQUIREMENTS

The Office Technology Instructors must wear appropriate and professional attire at all times. The Office Technology Instructors are prohibited from wearing khaki or green clothing of any type as this is the color clothing the inmate population wear.

ACADEMIC, EXPERIENCE, AND/OR SPECIAL QUALIFICATIONS REQUIRED

Instructors must possess at a minimum the credential standards for the area of expertise required by the company/agency awarded the contract. Instructors must currently be affiliated as full-time/part-time/adjunct faculty or staff with and organization which has accreditation with one of the following accrediting agencies recognized by the U.S. Department of Education: Southern Association of Colleges and Schools (SACS), North Central Association of Colleges and Schools (NCACS), Higher Learning Commission, North Central Association Commission on School Improvement (NCACSI), or Accrediting Council of Independent Colleges and Schools (ACICS). The Contractor will provide a copy of all diplomas and/or certificates to support stated qualifications with their proposal.

Bidders must specifically identify the individual that will be performing these services under any subsequent contract award. The bidder must provide proof that their candidate meets all qualifications. The candidate’s name and qualifications must be submitted prior to contract award.

RESTRICTIONS ON CONTRACT WORKERS

The contract worker shall not supervise inmates, supervise Bureau of Prisons staff, participate in inmate accountability, requisition, sign for, or pick up supplies, formulate policy or procedures, or attend meetings, staff recalls or staff functions.

NONPERSONAL STATUS

Award of this contract will result in a contractual arrangement only. The service is a contractual arrangement and not a personnel appointment. Payment is based on an end product or the accomplishment of a specific result. The service does not constitute an employer/employee relationship. The Contractor will not be subject to Government supervision, except for security related matters. However, Contractor performance shall be monitored. All duties outlined in this Statement of Work shall be performed in accordance with standards and methods generally accepted within the Contractor’s own field of expertise. The Contract Monitor/Contracting Officer’s Representative (CM/COR) will periodically evaluate the Contractor’s performance. In this evaluation, if the performance of services is deemed unacceptable, that provider will no longer perform those duties. In that event, the Contractor will be responsible for replacing the contract worker.

INMATE MANAGEMENT

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 wellbeing of all participants.

The Contractor shall be constantly aware of security and maintain a professional relationship with the inmates at all times. Any violations of institution rules and regulations are to be brought immediately to the attention of the closest institutional staff member, the Supervisor of Education or the CM/COR for prompt and proper action.

INSTITUTION SECURITY

The contractor, as well as all employees of the contractor, agree to adhere to all regulations prescribed by the institutions in regards to the safety, custody, and conduct of inmates. The Bureau of Prisons requires all non-employees to sign in and out of the institution for security reasons. Contract staff will sign the log, indicating the date of visit to the institution, time of arrival, and time of departure. The Contractor or its’ employees may, at any time, be removed from the institution at the discretion of the CEO. Additionally, contract staff will each be required to wear an ID badge, provided by the Government, at all times within the confines of the institution. The Contractor will maintain and furnish time and attendance reports as required by the Supervisor of Education. At the time of arrival and before entry into the institution, contractors may be required to submit their possessions for passage through an x-ray screening machine and may be required to clear a walk through metal detector.

The contractor, as well as all employees of the contractor, must undergo a security clearance process prior to being permitted to enter the institution. It is the responsibility of the contractor to make sure that those employees submit the required information and complete the necessary actions in a timely manner so as to complete their investigations as expeditiously as possible.

IFBP05051200001 Page 8 of 32

Additionally, it is the responsibility of the contractor to provide employees to fulfill this contract who are reasonably certain to be able to successfully complete the security scrutiny. This may involve a more intensive screening process on the part of the contractor.

Contractor employees will be provided with a security and BOP procedures orientation session prior to performing any services under this contact. The date and time for this orientation will be coordinated by the CM/COR. Refresher training in security and BOP procedures may be required annually. Compensation to the contractor for time spent in this, and any other required security related training, will be at the contract rate, prorated hourly.

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 Federal Bureau of Prisons has the sole discretion to determine the Contractor’s compliance with the contract.

The services, although not directly supervised, shall be reviewed by institution education staff to ensure contract compliance. The Contractors performance will be evaluated in accordance with FAR Part 42. Contract monitoring reports will be prepared by the CM/COR and maintained in the contract file. The Government reserves the right to suspend, limit or revoke the Contractor’s privileges at the facility due to violations of security procedures.

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Section 3 – Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions – Commercial Items (Feb 2012)

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.arnet.gov/far

Clause Title

52.253-1 Computer Generated Forms (Jan 1991)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

52.232-18 Availability of Funds (Apr 1984)

52.228-5 Insurance – Work on a Government Installation (Jan 1997)

52.224-2 Privacy Act (Apr 1984)

52.224-1 Privacy Act Notification (Apr 1984)

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

52.212-4 Contract Terms and Conditions – Commercial Items (Feb 2012)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.204-7 Central Contractor Registration (Feb 2012)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010

Clauses by Full Text

52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the first day of the effective performance period through the last day of the effective performance period.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

IFBP05051200001 Page 10 of 32

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one session, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of the estimated quantities identified in the Schedule of Items within the current performance period;

(2) Any order for a combination of items in excess of the estimated quantities identified in the Schedule of Items within the current performance period; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-21 Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after the last day of the effective performance period.

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract.

These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option

IFBP05051200001 Page 11 of 32 provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor prior to expiration of the current contract period.

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor prior to expiration of the current performance period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause shall not exceed 5 years.

52.222-42 Statement of Equivalent Rates for Federal Hires (May 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies that classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each employee if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

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

Funds are not presently available for performance under this contract beyond September 30 of the base year or any option year exercised. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30 of the base year or any option year exercised, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

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.

Employee Class

Monetary Wage – Fringe Benefits

15090 Technical Instructor $22.27 per hour plus benefits

IFBP05051200001 Page 12 of 32

(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.

52.21-603-70 Contracting Officer’s Representative (COR)(June 2012)

(a) Leah B. Parrish, Supervisor of Education, FMC Carswell, 817-782-4316, is hereby designated as the Contracting Officer’s Representative (COR) under this contract.

(b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contractor effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COR does not have the authority to alter the contractor’s obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

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

IFBP05051200001 Page 13 of 32

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.

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

IFBP05051200001 Page 14 of 32 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.

52.27-103-72 DOJ Contractor Residency Requirement (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;

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/citizens.htm.

By signing this agreement/ commitment document, or by commencing performance, the contractor agrees to this restriction.

52.242.1502 Evaluation of Contractor Performance Utilizing CPARS (Apr 2011)

The services, although not directly supervised, shall be reviewed by the Federal Bureau of Prisons (BOP) staff to ensure contract compliance. The contractor’s performance will be evaluated in accordance with FAR 42.15. Contractor monitoring reports will be prepared by the Contracting Officer’s Technical Representative (COTR) or Contract Monitor (CM) and maintained in the file.

In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit to the Past Performance Information Retrieval System (PPIRS). The BOP utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to provide contractor performance evaluations. The contractor shall provide and maintain a current e-mail address throughout the life of the contract. The contractor will receive and e-mail from the Focal Point thru the following website address webptsmh@navy.mil when the contractor is registered in CPARS. The e-mail will contain a “user ID” and temporary password to register in the CPARS system. The contractor must be registered to access and review its evaluation and/or provide a response. If assistance is required when registering, please contact the Contracting Staff/Focal Point.

DOJ 2640.2F Department of Justice Order 2640.2F (Nov 2009)

Department of Justice (DOJ) Order 2640.2F prohibits the use of non-U.S. citizens in the performance of this contract or commitment for any position that involves access to or assisting in the development, operation, management, or maintenance of any DOJ Information Technology System. By signing this contract or beginning performance, the contractor agrees to this restriction.

[END OF ADDENDUM TO FAR 52.212-4]

IFBP05051200001 Page 15 of 32

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (July 2012)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

___Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] XX(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEPT 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C.

251 note)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUNE 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XX(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (FEB 2012) (Pub. L. 109- 282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (JUL 2010) (Pub. L. 111-5).

__ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (DEC 2010) (31 U.S.C. 6101 note).

__ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (FEB 2012) (41 U.S.C. 2313).

__ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub.

L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

__ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole- Source Award (NOV 2011) (15 U.S.C. 657a).

XX(10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (11) [Reserved] __ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

__ (ii) Alternate I (NOV 2011).

__ (iii) Alternate II (NOV 2011).

__ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

__ (ii) Alternate I (OCT 1995) of 52.219-7.

__ (iii) Alternate II (MAR 2004) of 52.219-7.

XX(14) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637(d)(2) and (3)).

__ (15)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2011) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (OCT 2001) of 52.219-9.

__ (iii) Alternate II (OCT 2001) of 52.219-9.

__ (iv) Alternate III (JUL 2010) of 52.219-9.

__ (16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011)(15 U.S.C. 644(r)).

__ (17) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

__ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C.

2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (JUNE 2003) of 52.219-23.

__ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (DEC 2010) (Pub.

L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (OCT 2000) (Pub. L. 103- 355, section 7102, and 10 U.S.C. 2323).

__ (22) 52.219-27, Notice of Service-Disabled Veteran- Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

XX(23) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2012) (15 U.S.C. 632(a)(2)).

__ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (APR 2012) (15 U.S.C. 637(m)).

__ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (APR 2012) (15 U.S.C. 637(m)).

IFBP05051200001 Page 16 of 32

XX(26) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

__ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (MAR 2012) (E.O. 13126).

XX(28) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

XX(29) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

XX(30) 52.222-35, Equal Opportunity for Veterans (SEP 2010)(38 U.S.C. 4212).

XX(31) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).

XX(32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

XX(33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

XX(34) 52.222-54, Employment Eligibility Verification (JUL 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C.

6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).