Solicitation.pdf

II

Field Acquisition Office

November 8, 2012

RE: IFBP0518130000 1, Industrial Sewing Instructor Federal Bureau of Prisons

U.S. Department of Justice

Federal Bureau of Prisons Administration Division

Grand Prairie, Texas 75051

Federal Correctional Complex (FCC)- Oakdale, Louisiana

Dear Bidder:

This solicitation package has been prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the acquisition of Industrial Sewing Instructor Services. This solicitation contains all necessary information for submitting a bid for evaluation for performing these services at FCC Oakdale, Louisiana.

In submitting bids, bidders should consider all information provided herein. Please carefully follow all instructions located in the solicitation package concerning the content, format and submission of bids.

All potential bidders are advised that this solicitation includes the clause at FAR 52.212-4, Contract Terms and Conditions-Commercial Items which at paragraph (t), Central Contractor Registration (CCR), requires all contractors doing business with the Federal Government to be registered in the CCR database. Bidders should include their Data Universal Number System (DUNS) number in their bids. The Contracting Officer will verify registration in the CCR database prior to award by entering the potential awardee's DUNS number into the CCR database. Failure to complete the registration procedures outlined in this clause will result in elimination from consideration for award. (CCR replaced by System Award Management (SAM) database at www.sam.gov.)

Sealed bids shall be received on or before December 7, 2012 at 2:00pm Central Standard Time. Bids shall be submitted in writing to the following address :

Michelle Morgan Federal Bureau of Prisons Field Acquisition Office 346 Marine Forces Drive Grand Prairie, Texas 75051

Mailed and hand-carried bids must be delivered to the Contracting Officer at the address listed above no later than the time specified as the deadline for receipt of bids. The official point of receipt for hand-carried bids will be at the first floor reception area of the address listed above. Please do not submit bids to any location other than the one listed above. Bids received after the deadline for receipt of bids will be handled in accordance with FAR 52.212-1 (f). Faxed bids will not be accepted. Public opening of bids will occur at the address listed above. The outside of offer (the outer-most envelop) must be labeled with the solicitation number, date & time for receipt of offers, office designated to receive offers, and Contracting Officer's name.

Please place any questions you may have in writing and fax them to 972-352-4545 or e-mail to mrmorgan@bop.gov. We will consider all questions received and provide responses where appropriate.

Sincerely, ~ r};u~ ~~· Michelle Morgan, Contra S ec1a 1st Federal Bureau of Prisons Field Acquisition Office

IFBP05181300001 Page 1 of 7

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER OMB Clearance Control Number:

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1103-0018

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE DATE

IFBP05 18130000 I 11 /08/2012

a. NAME b. TELEPHONE NUMBER (No collect calfs) 8. OFFER DUE DATE I LOCAL

7. FOR SOLICITATION TIME

INFORMATION CALL: Michelle Morgan (972) 352-4535 12/07/2012 08:00:00

9. ISSUED BY CODE I BFAO 10. THE ACQUISITION IS D UNRESTRICTED OR 0 SET ASIDE: ! 00.00 %FOR

Federal Bureau of Prisons 0 SMALL BUSINESS D WOMEN.QWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

Field Acquisition Office D HUBZONE SMALL

SMALL BUSINESS PROGRAM

NAICS: 61151 9

U.S. Armed Forces Reserve Complex BUSINESS D EDWOSB

346 Marine Forces Drive D SERVICE-DISABLED SIZE STANDARD: DOS VETERAN-OWNED D Grand Prairie, TX 75051 SMALL BUSINESS B(A)

11 . DELIVERY FOR FOB DESTINATION 12. DISCOUNT TERMS 13b. RATING UNLESS BLOCK IS MARKED D 13a. THIS CONTRACT IS A ·

NET30 RATED ORDER UNDER DPAS D SEE (15 CFR 700) 4. METHOD OF SOLICITATION

SCHEDULE

D RFQ D IFB D RFP

15. DELIVER TO CODE BOAX 16. ADMINISTERED BY CODE BOAX

Federal Bureau of Prisons Federal Bureau of Prisons FCI Oakdale FCI Oakdale

EAST WHATLEY ROAD EAST WHATLEY ROAD

OAKDALE, LA 71463 OAKDALE, LA 71463

17a. CONTRACTOR/ CODE I I FACILITY I 18a. PAYMENT WILL BE MADE BY CODE BOAX

OFFEROR CODE

Federal Bureau of Prisons FCI Oakdale

EAST WHATLEY ROAD

OAKDALE, LA 71463

TELEPHONE NO.

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

OFFER

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

~HECKED D SEE ADDENDUM

19. 20. 21 . 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Provide Industrial Sewing Instructor for the inmate population of FCC Oakdale.

Size Standard= $7.0 million

See Continuation Sheet(s) { UJe Reverse and/or A/loch Additional Sheet.J a.f Necet.fary)

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52 .212-1 , 52.212-4 . FAR 52 .212-3 AND 52.212-5 ARE ATIACHED. ADDENDA ~ ARE L:; ARE NOT ATIACHED

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

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

0 29. AWARD OF CONTRACT: REF. OFFER DATED .

YOUR OFFER ON SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ~ET FORTH CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

TERMS AND CONDITIONS SPECIFIED

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

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30c. DATE SIGNED 31 b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

Michelle Morgan

STANDARD FORM 1449 (REV. 0212012)

Prescribed by GSA- FAR (48 CFR) 53.212

I

Table of Contents

Section Description Page Number

I Solicitation/Contract Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . ... I 2 Commodity or Services Schedule

1.1 Schedule of Items

1.2 Statement of Work

3 Contract Clauses 52.204-99 System for Award Management Registration (Sep 2012) (Deviation) .. 6 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) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.222-42 Statement of Equivalent Rates (May 1989) 52.232-19 Availability of Funds for the Next Fiscal Year ((Apr 1984) 52.232-99 Providing Accelerated Payments to Small Business Subcontractors (Aug 20 12)(Deviation) JAR 2852-233-70 Unsafe Conditions due to the Presence of Hazardous Material (Jun 1996). . . . . . .. . .. .. . . . ... .. .. . .. . . .. . .... ... . . ......... . ..... . .... . ...... .... . ...... . .. . .. I 0 52.27-103-72 Department of Justice (DOJ) Residency Requirement - Bureau of Prisons Clause (Jun 2004) .. . . ...... . .... . ...... . .. . .. ........ ... . ...... . . . .. . .. .. . ..... . .. I 0 52.24-403-70 Notice of Contractor Personnel Security Requirements (Oct 2005) II

52.242. 1502 Evaluation of Contractor Performance Uti I izing CPARS (Apr2011) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Aug 20 12)

4 List of Attachments Special Contract Conditions Tailoring

5 Solicitation Provisions 52.216-1 Type ofContract (Apr 1984) 52.233-2 Service of Protest (Sep 2006) 2852.233-70 Protest Filed Directly with the Department of Justice (Jan 1998) 52.27-103-71 Faith Based and Community Based Organizations (Aug 2005)

Common Law Employee Notification 52.212-3 Offeror Representations and Certifications - Commercial Items (Apr2012) Business Management Questionnaire

Section 2 - Commodity or Services Schedule

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

SUPPLIES/SERVICES QUANTITY UNIT

Industrial Sewin~ Instructor for the inmate population of FCC 1 ,440.000000 Oakdale. Base ear: Effective Date of Award through December 31 , 2013.

Industrial Sewing Instructor for the inmate ~opulation of FCC 1 ,440.000000 Oakdale. Option Year 1: January 1, 2014 t rough December 31, 2014.

Industrial Sewing Instructor for the inmate ~opulation of FCC 1,440.000000 Oakdale. Option Year 2: January 1, 2015 t rough December 31, 2015.

Industrial Sewing Instructor for the inmate ~opulation of FCC 1 ,440.000000 Oakdale. Option Year 3: January 1, 2016 t rough December 31, 2016.

Industrial Sewing Instructor for the inmate ~opulation of FCC 1,440.000000 Oakdale. Option Year 4: January 1, 2017 t rough December 31, 2017.

Total of line items 1 through 5. 1.000000

IFBP05181300001

UNIT PRICE AMOUNT

1.1 Schedule of Items/Pricing

Pricing Methodology Please complete the above information when preparing your bid for the base year and all options years. Any resulting contract will be an indefinite delivery/requirements contract with firm-fixed unit prices. As such, quantities listed are estimates only and are not a representation to an offeror or Contractor that the estimated quantities will be required or ordered or that conditions affecting requirements will be stable or normal (FAR 16.503(a)(l)). Bids will be evaluated for award based on price and price-related factors .

Pursuant to FAR 17 .203(b ), the Government's evaluation shall be inclusive of options. Pursuant to FAR 17.203 (d), bidders may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

NOTE: Award shall be made to the responsive/responsible bidder(s) submitting the lowest TOTAL BID AMOUNT. Rate of remuneration will be based on a per session rate. These prices will include all overhead, profit, administrative costs, etc., being charged by the Contractor.

1.2 Statement of Work

General Requirements

The Federal Bureau of Prisons, Field Acquisition Office, Grand Prairie, Texas intends to award to an individual or company a firm-fixed price type contract for the provision oflndustrial Sewing Instructor for the inmates housed at the Federal Correctional Complex, Oakdale (FCC Oakdale), Louisiana. This is a contractual agreement and not an appointment.

Place of Performance The contractor will provide services at the Federal Correctional Institution located at 2105 E. Whatley Road, Oakdale, Louisiana in the Education Department and UNICOR Factory.

Required Services The Contractor will be responsible for coordinating and instructing industrial sewing classes at the Federal

Correctional Institution. Specifically, the Contractor will be responsible for teaching inmates the general and technical aspects of industrial sewing. The contractor will maintain a viable curriculum for classroom instruction, record student progress, record student attendance, and conduct " live work" projects in the UNICOR sewing factory.

The Contractor will ensure all guidelines set forth by institutional supplements and Program Statements are maintained.

Schedule of Performance The schedule will normally consist of30 one (I) hour sessions per week. A session equals one (1) hour. The

Contractor will teach industrial sewing from 7:00a.m. to II :00 a.m. and 12:00 a.m. to 2:00p.m., Monday through

Friday, excluding Federal Holidays. These hours may be adjusted to meet the needs of FCC Oakdale. Specific dates and times of sessions will be determined mutually between the contractor and the Government. 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 a Contractor reports to the institution, but is unable to perform services due to such delays, the Contractor will be paid for two (2) sessions. Normally, any remaining sessions for that day will be suspended and the Contractor will be free to leave and the Contractor will not be paid for the remaining unperformed sessions. However, if the institution requests that the Contractor remain at the institution for eventual performance, the Contractor shall be paid for such sessions.

Partial sessions are not authorized.

Certifications and Requirements The contractor must have a High School Diploma, or the equivalent thereof, and have at least three (3) years of professional experience in industrial sewing.

The Contractor must specifically identify the individuals that will be performing these services under any subsequent contract award. The Contractor must provide proof that their candidate meets all qualifications. The candidate's name and qualifications must be submitted at the time the bid is submitted. Contractor must submit with their quote a resume and photocopies of documents evidencing education and training.

Supplies/Equipment

In recognition of institution security concerns, the supplies and equipment that the Contractor may need while at the institution in the performance of the contract will be furnished by and remain the property of the Government. If the Contractor requires special equipment or supplies, a written request may be submitted to the Supervisor of

Education for consideration. The Contractor will be required to notify the Supervisor of Education of material and supply needs sufficiently in advance to ensure adequate levels are maintained. Additionally, 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 institution.

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 services, although not directly supervised, shall be reviewed by institution Education staff to ensure contract compliance. Contract monitoring reports will be prepared by the Contracting Officer' s Representative (COR) and maintained in the contract file .

Institution Security/Inmate Management

The provision of services under this proposed contract will require frequent and supervised contact with convicted felons and detained aliens. The Contractor will not be responsible for the management of inmates except to ensure that those inmates involved in activities within the Contractor's scope of work shall abide by all rules, in effect, to ensure the safety and well-being of all participants.

The contractor must agree to all regulations prescribed by FCC Oakdale, for the safety, custody, and conduct of inmates. The contractor is to be constantly aware of security and maintain a professional relationship with the inmates at all times. Any violation of the institution rules and regulations are to be brought immediately to the attention of an appointed Government employee for prompt, proper action. The contract employee will be required to sign in and out of the institution for accountability purposes. The contract employee shall attend an orientation program prior to assuming duties at FCC Oakdale. Reimbursement to the contractor for the time spent in the institution orientation or other specific security related training at the contract rate will be prorated, hourly. The contractor may, at any time, be removed from the institution at the discretion of the CEO.

CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference (Feb 1998) A resultant contract will incorporate 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 FAR clause may be accessed electronically at this address:

www.acquisition.gov. Full text copies of Justice Acquisition Regulation (JAR) clauses or BOP clauses may be requested in writing from the Contracting Officer.

52.212-4 Contract Terms and Conditions--Commercial Items (FEB 2012) with addendum to incorporate the additional clauses listed below into this solicitation and any resulting contract.

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT20 I 0) 52.204-4 Printed or copied double-sided on Postconsumer Fiber Content Paper (MA Y20 11) 52.204-7 Central Contractor Registration (FEB20 12) 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.223-5 Pollution Prevention and Right to Know Information (MA Y2011) 52.224-1 Privacy Act Notification (APR1984) 52.224-2 Privacy Act (APR1984) 52.228-5 Insurance- Work on a Government Installation (JAN 1997) Workers compensation or Employers liability:

$100,000; and Comprehensive General Liability: $500,000 per occurrence for bodily injury(JAN 1997)

52.232-18 Availability of Funds (APR 1984) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1994) 52.253-1 Computer Generated Forms (JAN 1991)

CLAUSES BY FULL TEXT

52.204-99 System for A ward Management Registration (Sep 20 12)

(a)Defmitions. As used in this clause- "Central Contractor Registration (CCR) database" means the retired primary Government repository for Contractor information required for the conduct of business with the Government.

"Commercial and Government Entity (CAGE) code" means-

(I)A code assigned by the Defense Logistics Agency identify a commercial or Government entity ; or

(DLA) Logisti:s Information Service to

(2)A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an "NCAGE code."

"Data Universal Numbering System (DUNS) number" means the 9- digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-chatacter suffix that may be assigned by a business concern.

(D&B has no affiliation with this 4-character suffix.) This 4- chatacter suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32 .11) for the same concern.

"Registered in the SAM database" means that-

(I) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14) into the SAM database;

(2)The Contractors CAGE code is in the SAM database; and

{3)The Government has validated all mandatory data fields , to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active." The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process .

"System for Award Management {SAM)" means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes-

(I)Data collected from prospective federal awardees required for the conduct of business with the Government;

(2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and

(3} The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the non procurement common rule by agencies, Government corporations, or by the Government Accountability Office.

(b) (1 )The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation .

(2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4.

(3) If indicated by the Government during performance, registration in an alternate system may be required in lieu of SAM.

(c)Ifthe Contractor does not have aDUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1)A contractor may obtain a DUNS number-

(i)Via the internet at http;//fedgov .dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local DUN and Bradstreet office. The contractor should indicate that it is a contractor for a U.S. Government contact when contacting the local DUM and Bradstreet office.

(2)The Contractor should be prepared to provide the following information:

(i)Company legal business name.

(ii)Trade style, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical}

(v)Company telephone number.

(vi)Date the company was started.

(vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry} (x)Company Headquarters name and address (reporting relationship within your entity) (d)Reserved.

(e)Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing.

(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (1) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract} or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed name with a minimum of one business day's written notification of its intention to-

{A) Change the name in the SAM database ;

(B) Comply with the requirements of subpart 42 .12 of the FAR; and

(C)Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

(ii) If the Contractor fails to comply with the requirements of paragraph (g) (I) (i) of this clause, or fails to perform the agreement at paragraph (g) (I) (i) (C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2)The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8,Assignment of Claims). Assignees shall be separately registered in the SAM database.

Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(h)Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https:!lwww.acguisition.govor by calling 866-606-8220, or 334-206-7828 for international calls.

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]

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 Jess 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 S upp lies/Services current performance period;

(2) Any order for a combination of items in excess of the estimated quantities identified in the Schedule of Supplies/Services 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 )(I) or (2) of this section.

(c) Ifthis is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 ofthe 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.

[End of Clause]

52.216-21 Requirements (OCT 1995)

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

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

(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 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.

[End of Clause]

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

(a) The Government may extend the term of this contract by written notice to the Contractor 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.

[End of Clause]

52.222-42 Statement of Equivalent Rates for Federal Hires CMA Y 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 the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each 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.

Employee Class Technical Instrustor

[End of Clause]

Monetary Wage $24.10

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

Funds are not presently available for performance under this contract beyond September 30 of the base year. 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, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confrrmed in writing by the Contracting Officer.

[End of Clause]

52.232-99 Providing Accelerated Payments to Small Business Subcontractors (Aug 2012)(Deviation) thru 7-11-13 This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July II ,20 12.

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of proper invoice and all proper documentation from the small business subcontractor.

(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.

(c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

[End of Clause]

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

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

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

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

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

(e) When the Government receives notice of an unsafe condition from the contractor, the parties will agree on a course of action to mitigate the effects ofthat 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 fr~m complying with applicable Federal, State, and local laws, codes, ordinances and regulations (including the obtaining of licenses and permits) in connection with hazardous material including but not limited to the use, disturbance, or disposal of such material.

[End of Clause]

52.27-103-72 Department of Justice (DOJ) Residency Requirement - Bureau of Prisons Clause (Jun 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:

I. legally resided in the United States (U.S.);

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

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

If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current information regarding allied countries:

http://www.opm.gov/employ/htmllcitizen.htm By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.

[End of Clause]

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) (See Note I) 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 (See Note ii) contractor employee whose background investigation (BI) process begins on or after October 27, 2005:

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

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

(c) Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position. Outlined below are the minimum BI requirements for each risk level:

--High Risk- Background Investigation (5 year scope) --Moderate Risk- Limited Background Investigation (LBI) or Minimum Background Investigation (MBI) --Low Risk- National Agency Check with Inquiries (NACI) investigation

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

(1) Favorable review of the security questionnaire form ;

(2) Favorable fmgerprint results ;

(3) Favorable credit report, if required; (See Note iii)

(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) (See Note iv) 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 ofOPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau oflnvestigation 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 I a. and I b.

above. The pre-appointment waiver requirements for short-term contractors are:

(a) Favorable review of the security questionnaire form ;

(b) Favorable fmgerprint results;

(c) Favorable credit report, if required; (See Note v) 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) Intennittent Contractors:

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

(a) For purposes of this policy, "intermittent" is defined as those contractor employees needing access to DOJ infonnation 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 intennittent 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 intennittent contractor, the same pre-employment background investigation waiver requirements that apply to short term contractors are required.

(d) If an intennittent 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. Ifthe intennittent 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 DOl's BI requirements.

(5) The DOl's current escorted contractor policy remains unchanged by this acquisition notice.

NOTES:! FIPS 201 is available at: www.csrc .nist.gov/publications/fips/fips201/FIPS-201-022505.pdf ii Under HSPD-12, long-tenn contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PlY -1 identity proofing process, including initiation and adjudication of the required background investigation, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase ofHSPD-12 implementation (PlY-II) requires badge issuance to all affected long-tenn contractors.

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

iv 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.

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

52.242.1502 Evaluation of Contractor Perfonnance Utilizing CPARS (April2011) The services, although not directly supervised, shall be reviewed by Federal Bureau of Prisons (BOP) staff to ensure contract compliance. The contractor's performance will be evaluated in accordance with FAR 42.15. Contract monitoring reports will be prepared by the Contacting Officer's Technical Representative (COTR) or Contract Monitor (CM) and maintained in the contract file .

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

[END OF ADDENDUM TO FAR 52.212-4]

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items CI2.301(b)(4))(August 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) of52.222-50 (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 201 0) (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 of2009 (June 201 0) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of2009.)

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 (Ju1 201 0) (Pub. L. 111-5).

XX (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 ofHUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

_ (1 0) 52.219-4, Notice of Price Evaluation Preference for HUB Zone Small Business Concerns (Jan 20 11) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U. S.C. 657a).

_ (11) [Reserved] XX (12)(i) 52 .219-6, Notice ofTotal 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 ofPartial 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) of52 .219-7 .

XX (14) 52.219-8, Utilization of Small Business Concerns (Jan 201 I) (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 (Jut 201 0) of 52.219-9.

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

XX (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(l4)).

_ (18) 52.219-16, Liquidated Damages-Subcon-tracting 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.

657 D.

XX (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 20 12) (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)).

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 (Jan 2009). (Executive Order 12989).