RFQ Diesel Technology HVAC Instructor FCC Forrest City.pdf

U.S. Department of Justice Federal Bureau of Prisons Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

RE: Request for Quote 15BFA022Q00000091 Occupational Training-Diesel Technology & HVAC Instructors Federal Correctional Complex (FCC) – Forrest City, Arkansas

Dear Quoter:

Attached is a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the provision of Diesel Technology & HVAC Instructors for FCC Forrest City. This package contains all necessary information to submit a quote.

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

All potential quoters are advised that this solicitation includes the clause at FAR 52.212-4 for Commercial Items. Paragraph (t), System for Award Management (SAM), of this clause requires that all quoters doing business with the Federal Government to be registered in the SAM database. Quoters should include their Data Universal Number System (DUNS) number in their quotes. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardees DUNS number into the SAM database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award. For the purposes of this solicitations, all quoters SAM registration should include NAICS code 611210.

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

Quotes shall be received on or before the deadline of September 19, 2022, at 09:00 a.m. Central Time.

Quotes shall be submitted electronically via email to kdupas@bop.gov in pdf format only and will be deemed received at the time as indicated on the email notification. Faxed and hand delivered quotes will not be accepted. Quotes received after the quote deadline will be handled in accordance with FAR 212-1(f).

Please submit any questions you may have in writing. Questions may be submitted via email to kdupas@bop.gov.

Sincerely, //s//

Keith Dupas, Contracting Officer

15BFA022Q00000091 Page 1 of 65

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30 8

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER

DATE

7. FOR SOLICITATION a. NAME

INFORMATION CALL:

Keith Dupas kdupas@bop.gov

9. ISSUED BY CODE I 15BFA0

Federal Bureau of Prisons

Field Acquisition Office

U.S. Armed Forces Reserve Complex

346 Marine Forces Drive

Grand Prairie, TX 75051

11. DELIVERY FOR FOB DESTINATION 12. DISCOUNT TERMS

UNLESS BLOCK IS MARKED

NET30 □ SEE

SCHEDULE

15. DELIVER TO CODE 15B508

Federal Bureau of Prisons

FCC Forrest City

POBOX7000

Forrest City, AR 72336-7000

17a. CONTRACTOR/ GODEi I FACILITY I

OFFEROR CODE

TELEPHONE NO.

□17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

I

19. 20.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES

To provide Occupational Training Diesel Technology and HV AC instructor services for FCC Forrest City in accordance with the attached Schedule and Statement of

Work

DUNS#:

Firm Fixed Price

See Continuation Sheet(s)

( Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

15BF A022Q00000091 08/25/2022

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

TIME

972-352-4530 09/19/2022 09:00 CT

10. THE ACQUISITION IS @ UNRESTRICTED OR □ SET ASIDE: %FOR

□ SMALL BUSINESS □

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

HUBZONE SMALL SMALL BUSINESS PROGRAM

NAICS: 611210

BUSINESS □ EDWOSB

SERVICE-DISABLED SIZE STANDARD: 28,500,000

VETERAN-OWNED

□ SMALL BUSINESS 8(A)

13b. RATING

13a. THIS CONTRACT IS A □ RATED ORDER UNDER DPAS

(15 CFR 700) 14. METHOD OF SOLICITATION

�RFQ □ IFB □ RFP

16. ADMINISTERED BY CODE I 15B508

Federal Bureau of Prisons

FCC Forrest City

1301 Dale Bumpers

Forrest City, AR 72335

18a. PAYMENT WILL BE MADE BY CODE I 15B508

Federal Bureau of Prisons

FCC Forrest City

PO BOX 7000

Forrest City, AR 72336-7000

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS k::HECKED □ SEE ADDENDUM

21. 22.

QUANTITY UNIT

23. 24.

UNIT PRICE AMOUNT

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 ATTACHED. ADDENDA � ARE n ARE NOT ATTACHED

□ 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA □ ARE □ ARE NOT ATTACHED

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

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

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

TERMS AND CONDITIONS SPECIFIED.

□ 29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

Keith Dupas

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

I

15BFA022Q00000091 Page 2 of 65

Section 2 - Commodity or Services Schedule

ITEM NO.

ITEM NO.

ITEM NO.

ITEM NO.

ITEM NO.

ITEM NO.

ITEM NO.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

Occupational Education Program Instructor Services for FCC 40 ss $ Forrest City-Diesel Technology

Base Year-Effective Date of Award (EDOA) through 12 months from EDOA

PSC: U010

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

Occupational Education Program Instruction Services for FCC 20 $ Forrest City-HVAC

Base Year-Effective Date of Award (EDOA) through 12 months from EDOA

PSC: U010

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

Occupational Education Program Instructor Services for FCC 40 ss $ Forrest City-Diesel Technology

Option Year 1-13 months from (EDOA) through 24 months;

PSC: U010

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

Occupational Education Program Instruction Services for FCC 20 $ Forrest City-HVAC

Option Year 1-13 months from (EDOA) through 24 months;

PSC: U010

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

Occupational Education Program Instructor Services for FCC 40 ss $ Forrest City-Diesel Technology

Option Year 2 -25 months from (EDOA) through 36 months;

PSC: U010

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

Occupational Education Program Instruction Services for FCC 20 $ Forrest City-HVAC

Option Year 2 -25 months from (EDOA) through 36 months;

PSC: U010

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

Occupational Education Program Instructor Services for FCC 40 ss $ Forrest City-Diesel Technology

Option Year 3 -37 months from (EDOA) through 48 months;

PSC: U010

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

I AMOUNT

I AMOUNT

I AMOUNT

I AMOUNT

I AMOUNT

I AMOUNT

I AMOUNT

I AMOUNT

15BFA022Q00000091 Page 3 of 65

0008 Occupational Education Program Instruction Services for FCC 20 $ $ Forrest City-HVAC

Option Year 3 -37 months from (EDOA) through 48 months;

PSC: U010

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE I AMOUNT

0009 Occupational Education Program Instructor Services for FCC 40 ss $ $ Forrest City-Diesel Technology

Option Year 4 -49 months from (EDOA) through 60 months;

PSC: U010

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE I AMOUNT

0010 Occupational Education Program Instruction Services for FCC 20 $ $ Forrest City-HVAC

Option Year 4 -49 months from (EDOA) through 60 months;

PSC: U010

Aggregate total (Base plus all Options)__________________________

Continuation of Standard Form 1449

Section 2.1 – Pricing Methodology

Quoters are required to submit, as part of their quote, a completed copy of Section 2, “Commodity or Services Schedule.” The quantity of services to be provided by the Contractor is estimated. These estimates are not a representation to a quoter or contractor that the estimated quantities will be required or ordered, or that conditions affecting requirements will remain stable or normal. Contract pricing shall include all charges to the Government for providing the services required by this solicitation/contract.

Pursuant to FAR 17.203(b), the Government’s evaluation shall be inclusive of options. The Government will evaluate quotes for award purposes by adding the total price of all options to the total price of the base year requirement. Pursuant to FAR 17.203(d), the quoters may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

2.2 Statement of Work

Subject:

The Federal Correctional Complex, Forrest City, Arkansas intends to make a single award to a vocational institution or community college to provide vocational training in the field of Diesel Technology at the Low and Medium & HVAC Instructor Services at the Medium, leading to a certified diploma to the inmates housed at the Federal Correctional Complex, Forrest City, Arkansas. Successful completion of the training program must qualify inmates for at least entry-level employment in a specified field upon release. The contract for vocational training will be considered a contractual agreement for five years and not a personnel appointment to a federal job.

The contractor shall make available, on a non-discriminatory basis, vocational training consistent with the requirements of this solicitation, the rules and procedures of the Federal Correctional Complex, Forest City, Arkansas, and all applicable Federal and State laws and regulations in effect during the terms of this contract.

The manner and method in performing the task outlined in the Statement of Work are the sole discretion of the contractor provided that the contractor shall perform in accordance with professional standards and methods normally accepted and the guidelines referenced above.

The contractor must be accredited by a nationally recognized accrediting agency. All contractor staff assigned to provide instructional services as part of this contract must be certified in the field of expertise by the contracting vocational institution. The contractor staff assigned to the program will be required to submit to a security investigation. The investigations shall include, but may not be limited to, fingerprinting for FBI search, NCIC search, pictures for identification badges, urine testing for drugs, and vouchering with present and/or past employers.

The contractor shall provide pre-approved and qualified personnel (meeting the requirements identified in item 3 above) who act as substitute instructors in the event of a scheduled instructor’s absence. Due to the sensitive nature of the correctional environment instructors are expected to be prompt in reporting to work in order to support the inmate accountability policy. No instructor will be permitted to substitute or enter the institution until a security clearance is acquired and verified in writing by the Cost Center Manager to the Supervisor Contract Specialist.

Place of Performance

FCC Forrest City 1301 Dale Bumpers Forrest City, AR 72335

Services for Occupational training instruction will be performed in the Education Department Vocational Training Areas (or other area identified by the Supervisor of Education) at the Low and Medium Federal Correctional Institutions, Forrest City, Arkansas.

Schedule of Performance

1. The contractor must provide necessary courses for inmate students to complete any program within a 12-month period. Classes should run year-round with minimal breaks for holidays.

Sessions must be in accordance with the following:

(a) Classes for Diesel Technology & HVAC at the Medium should be offered between the hours of 8:00 a.m. to 11:00 a.m and again from 12:00 p.m. to 3:00 p.m. Tuesday through Friday.

(b) Classes for Diesel Technology at the Low should be offered between the hours of 8:00 a.m. to 11:00 a.m and again from 12:00 p.m. to 3:00 p.m. Monday through Thursday.

A session is defined as one hour. The contractor will normally provide six (1) hour sessions per day, 4 days per week, excluding Federal Holidays. Work hours will normally be between 8:00 a.m to 11:00 a.m and 12:00 p.m. to 3:00 p.m. with a 1-hour unpaid lunch break. These hours may be adjusted to meet the needs of the institution. The contractor shall not normally exceed 30 hours per week.

2. Total inmate student participation is estimated at 40 inmates* *Estimates are offered for informational purposes only and are derived from previous experience with similar programs offered at other Federal Correctional Institutions located within the Bureau of Prisons. Contractor is fully responsible for determining its own estimates of inmate participation in this program.

Due to the nature of the correctional setting, delays in performance of work may be experienced. Such delays may include but are not limited to inclement weather, electrical or mechanical problems, or other security matters. When contract employees report to the institution but are unable to perform services due to such delays, the contractor will be paid for one session. Normally, any remaining sessions for that day will be suspended and the contractor will be free to leave and the contractor will not be paid for the remaining unperformed sessions. However, if the institution requests that the contractor remain at the institution for eventual performance, the contractor shall be paid for such sessions. In the event of any absence, the contractor may make up his/her time so long as it does not exceed 30 hours in any given week. If the contractor fails to provide coverage, the Government may seek contractual remedy.

Education and Qualifications

The contractor shall not be a self-employed individual or individual employed by a post-secondary institution. The contract must be between FCC Forrest City and the post-secondary institution, vocational training school or industry-based school.

The occupational education program must fall under the provider’s umbrella of accreditation and lead to transferrable credits resulting in a college certificate, A.A., A.A.S. or A.S. degree.

Industry-accepted certification is also not acceptable. Providers must be accredited by a recognized accrediting agency. If required for employment, certification tests from outside organizations may be administered to individual inmates upon completion of a specific occupational education program. However, the individual skill competency certification will not replace the training program’s overall accreditation.

The occupational education program must lead to a college certificate, A.A., A. S., or A.A.S.

certificate qualifying inmates for at least an entry-level position of employment. Credits earned from the college certificate, A.A., A.S., or A.A.S. must be transferrable to a four-year college.

Four-year degree programs and programs in liberal arts/general studies are not authorized, although limited and specific courses of a liberal arts/general studies nature may be permitted if directly related to preparation for a specific occupation or vocation.

Supplies and Equipment

1. The cost provided to the contractor will cover the curriculum, administrative costs, instructor, tuition, and books.

The contractor will make recommendations to the Supervisor of Education pertaining to the selection and purchase of additional supplies and equipment.

The FCC Forrest City Education Department will provide major equipment and classroom supplies. Any records maintained by the contractor under contract will remain the property of the Government.

2. The Federal Correctional Complex will provide classrooms, shop areas, tool room with minor tools, and materials as needed.

Scope of Services

The contractor will be responsible for the following:

1. Provide vocational training in Diesel Technology at the Medium and Diesel

Technology at the Low.

2. Provide instructors and curriculum for inmate students to attain a certificate after each course and/or diploma in either Diesel Technology.

3. Ensure all instructors maintain a current class roll and take attendance when each class begins.

4. Maintain student records and test scores for students to determine completions.

5. Provide student progress reports as needed for institutional purposes.

6. Provide a semester ending report showing whether each student completed or failed the course and the number of hours the student attended class.

7. Ensure that instructors use normal classroom and shop procedures.

8. Inform the COR of discrepancies and problem areas within their immediate area of performance.

Description of Duties

1. The contractor will provide instruction for a Diesel Technology at the Low and a Diesel Technology & HVAC at the Medium in accordance with Bureau of Prisons Program Statement 5353.01, Occupational Education Programs, and Bureau of Prisons Program Statement 5300.21, Education, Training and Leisure Time Program Standards.

2. Twenty-forty percent (20-40%) of the curriculum’s competencies must be hands-on replication of the actual work environment. Application of hands-on work must be occupational in nature. An institution live work project may be utilized to demonstrate or apply hands-on competencies. Electronic or computer-based simulation does not satisfy the hands-on or live work requirement.

3. The Supervisor of Education must approve live work projects.

4. Marketable programs shall afford inmates the opportunity to gain in demand skills in a specific occupation, industry, or trade. The marketable program must qualify inmate graduates for at least an entry-level position in [name of occupation]. As a precondition of the proposal for the contract, the contractor shall specify in writing to the Supervisor of Education the position(s) of employment for which inmate graduates will be eligible to apply.

5. The Supervisor of Education shall determine the minimum and maximum number of enrollments. Instructors placed on site by the contractor are responsible for the maintenance of transcripts, student attendance records, statistics, and certification records.

6. The contractor will provide a written curriculum which establishes measurable behavioral objectives and procedures. The curriculum must include clear criteria which establish minimum expectations for program completion, provisions for the assessment of student progress, must identify the hands-on competencies and must require the students to demonstrate them. In addition to core classes needed to attain a college certificate, an industry-accepted certificate, an Associate in Arts degree (A.A.), an Associate in Science degree (A.S.), or an Associate in Applied Science degree (A.A.S.), the curriculum must also include a course on resume development.

7. The contractor shall assist in the recruitment of employers affiliated with the identified occupation to participate in the institution’s mock job fair.

Restrictions on Contract Workers

The contractor shall adhere to the following restrictions:

1. Shall not supervise inmates

2. Shall not supervise Bureau of Prisons staff

3. Shall not participate in inmate accountability

4. Shall not requisition, sign for, or pick up supplies

5. Shall not formulate Bureau of Prisons policy or procedures

6. Shall not attend staff recalls or staff functions

7. Shall not move freely about the institution without an escort, unless their contractor security level is cleared and approved as unescorted

8. Shall not perform as “acting” for any Government employee

9. Shall not be employees of the Government, but contractors

10. Shall not constitute an employer/employee relationship

INSTITUTION SECURITY:

The contractor/contract employees shall agree to all regulations prescribed by the institution for the safety, security, custody, and conduct of inmates. The contractor will not be subject to Government supervision, except for security related matters. However, contractor performance shall be closely monitored.

The contractor shall attend an orientation program prior to assuming their responsibilities under the contract.

The contract employee will be required to sign in and out of the institution for accountability purposes. A badge will be issued and worn at all times for proper identification.

Attire

The contractor is expected to wear professional clothing while on duty. The attire worn shall also be appropriate for the correctional environment in which the contract employee will be performing.

Inmate Management

Provision of services will require frequent and unsupervised contact with inmates. The contract employee shall not be responsible for the management of any inmates, other than to ensure inmates involved within the contract’s scope of work abide by all rules to ensure their safety and well-being. The successful contractor shall attend the Institution Familiarization Orientation program prior to assuming institution involvement. Reimbursement to the contractor for the time spent in the institution orientation or other specific security related training will be at the contract rate, prorated hourly. The contractor may, at any time, be removed from the institution at the discretion of the CEO. The contractor is to constantly be aware of security and maintain a professional relationship with inmates at all times. Any violation of the institution rules and regulations are to be brought immediately to the attention of any Government employee employed by the institution. The contractor will be required to provide documentation to the COR, or designee, of any infractions of institutional rules and regulations by inmates for proper action.

2.3 Special Contract Conditions:

Type of Contract: The Government contemplates a single award of an indefinite delivery/requirements type contract with firm-fixed unit prices resulting from this solicitation. It is anticipated that the contract resulting from this solicitation will be awarded in September 2022 and with an anticipated effective date of award (EDOA) of November 1, 2022. On or about the EDOA, FCC Forrest City will issue a task order to the contractor. The contractor shall commence full performance of services on the EDOA. Therefore, all background clearances shall be completed prior to the EDOA.

The resulting contract will include a base year period from the effective date of award (EDOA) through September 30, 2023 with four (4) possible 12-month option years. Quoters are advised that the Government has the unilateral right to exercise option periods in accordance with FAR 52.217-9, "Option to Extend the Term of the Contract.”

Performance Period(s): The anticipated effective date of award (EDOA) is November 1, 2022.

Base year: Effective Date of Award (EDOW) through September 30, 2023 Option Year 1: October 1, 2023 through September 30, 2024;

Option Year 2: October 1, 2024 through September 30, 2025;

Option Year 3: October 1, 2025 through September 30, 2026;

Option Year 4: October 1, 2026 through September 30, 2027;

Point of Acceptance: The point of acceptance for services is FCC Forrest City.

Non-Personal Services Information: This service is a contractual arrangement and not a personnel appointment. Payment is based on the provision of an end product or the accomplishment of a specific task. The service does not constitute an employer/employee relationship. The contractor will not be subject to Government supervision, except for security related matters. However, contractor performance shall be monitored. The contractor shall attend all training required by the Bureau of Prisons for contract workers. The contractor will not be permitted to attend institution meetings, staff recalls or Government training sessions for institution staff.

Reviews: The Contracting Officer or designee is authorized to review by on-site survey, review of records, or by any other reasonable manner, the quality of supplies rendered under this contract. All records shall be subject to review by the Contracting Officer or other representative of the BOP.

Payments will be denied when such service does not support the charges or if the service is deemed not necessary or appropriate. Such determinations may be made by the Contracting Officer or COR, whichever is appropriate. All records shall be subject to review by the Contracting Officer or other delegated representatives of the BOP.

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

Contract Administration Office (CAO): The Contracting Office at FCC Forrest City is assigned to be the CAO for a resultant contract. This assignment carries with it the authority to perform all normal contract administration functions as listed in FAR 42.302(a), items 1 through 70; to the extent those functions apply to this contract. This assignment also includes delegation of authority to perform functions specified in FAR 42.302(b), items 1 through 11.

Ordering Official: Task orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for FCC Forrest City with an appropriate certificate of appointment. Each task order will identify the services schedule for that period. Orders can be issued orally, by facsimile, mail, or electronic commerce methods. Task orders will take the form of a SF-1449.

Contract Security/Investigative Requirements: The Contractor will not be subject to Government supervision, except for security related matters and monitoring of contract performance.

The following investigative procedures may be applied and appropriate forms completed before any Contractor employees are permitted inside an institution:

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

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

(3) FD-258 (fingerprint check);

(4) Law Enforcement Agency checks;

(5) Vouchering of Employers;

(6) Employment Resume;

(7) Completed Contractor Pre-employment Questionnaire;

(8) Release of Information;

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

(10) Credit Check, if applicable;

(11) Urinalysis, if applicable In addition to the above procedures, Contractor employees must agree to undergo a urinalysis test (for the detection of marijuana and other drug usage). If a test result is positive, the individual(s) shall be excluded and the Contractor shall provide acceptable replacement personnel subject to the same security requirements. Before a quote can be considered for award, the Contractor must agree to submit to the all the above security requirements.

Schedule of Insurance: In accordance with 28.307-2, (a) Workers’ compensation and employer’s liability. Contractors are required to comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.

(See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

(b) General liability. (1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence. (2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

(c) Automobile liability. The contracting officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

(d) Aircraft public and passenger liability. When aircraft are used in connection with performing the contract, the contracting officer shall require aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

Vessel liability. When contract performance involves use of vessels, the contracting officer shall require, as determined by the agency, vessel collision liability and protection and indemnity liability insurance.

ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions – Commercial Items (Nov 2021) 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, Contract Terms and Conditions – Commercial Items.

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 address:

www.acquistion.gov/far

Clause Title 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.232-18 Availability of Funds (Apr 1984) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.228-5 Insurance-Work on Government Installation (Jan 1997) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform

Employees of Whistleblower Rights (JUN 2020)

FAR 52.216-18, Ordering (Aug 2020)

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

FAR 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 deliverable as identified in Schedule of Services, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of the estimated quantities in the Schedule of Items within the current performance period; or http://www.acquistion.gov/far

(2) Any order for a combination of items in excess of the estimated quantities 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 paragraph (b)(1) or (2) of this section.

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

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

(End of clause)

FAR 52.216-21 Requirements (Oct 1995)

(a) This is a requirement 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.

(End of clause)

FAR 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)

FAR 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.

(End of clause)

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

Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I.

1. Long-Term Contractor Personnel:

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

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

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

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

• High Risk - Background Investigation (5 year scope)

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

Background Investigation (MBI)

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

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

1) Favorable review of the security questionnaire form;

2) Favorable fingerprint results;

3) Favorable credit report, if required;3

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

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

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

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

e. Badge re-validation will occur once the investigation is completed and favorably adjudicated.

If the BI results so justify, badges issued under these procedures will be suspended or revoked.

2. Short-Term Contractor Personnel:

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

a. Favorable review of the security questionnaire form;

b. Favorable fingerprint results;

c. Favorable credit report, if required;5 and

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

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

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

3. Intermittent Contractors:

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

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

b. Contractors requiring intermittent access should follow the Department's escort policy.

Please reference the August 11, 2004, and January 29, 2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted access.

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

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

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

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

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

Notes:

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

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

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

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

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

(End of clause) http://www.csrc.nist.gov/publications/fips/fips201/FIPS-201-022505.pdf

BOP 52.218-000 Continuing Contract Performance During a Pandemic Influenza or other National Emergency (May 2008)

During a Pandemic or other emergency, we understand that our contractor workforce will experience the same high levels of absenteeism as our Federal employees. Although the Excusable Delays and Termination for Default clauses used in Government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make reasonable effort to keep performance at an acceptable level during emergency periods. The Office of Personnel Management (OPM) has provided guidance to Federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce. Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services during a pandemic influenza or other emergency situation.

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

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

• Contractors should cross-train workers as backup for all positions performing critical services.

This is particularly important for work such as guard services where telework is not an option.

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

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

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

• Integrate pandemic health crisis response expectations into telework agreements.

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

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

• Practice telework regularly to ensure effectiveness.

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

• Identify how time and attendance will be maintained.

It is the contractor’s responsibility to advise the Government Contracting Officer if they anticipate not being able to perform and to work with the Bureau of Prisons (BOP) to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her absence, the Contracting Officer’s Technical Representative, via telephone or e-mail messages acknowledging the contractor’s notification. The incumbent contractor is responsible for assisting the BOP in estimating the adverse impacts of nonperformance and to work diligently with the BOP to develop a strategy for maintaining continuity of operations.

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

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

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

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

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

(d) If during the performance of the work under this contract, the contractor or any of its employees, or subcontractor employees, discovers the existence of an unsafe condition, the contractor shall immediately notify the contracting officer, or designee, (with written notice provided not later than three (3) working days thereafter) of the existence of an unsafe condition.

Such notice shall include the contractor's recommendations for the protection and the safety of Government, contractor and subcontractor personnel and property that may be exposed to the unsafe condition.

(e) When the Government receives notice of an unsafe condition from the contractor, the parties will agree on a course of action to mitigate the…