RFQ FPC Alderson Lead Cosmetology Instructor.pdf

U.S. Department of Justice Federal Bureau of Prisons

Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

Dear Quoter:

Attached is a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the provision of Lead Cosmetology Instructor, FPC Alderson, West Virginia. 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 611511.

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 May 20, 2021 at 9:00 am Central Time.

Quotes shall be submitted electronically via email to vvanburen@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 vvanburen@bop.gov

Sincerely, //s//

Vivian Van Buren Contract Specialist http://www.aptac-us.org/ mailto:vvanburen@bop.gov

15B10121Q00000018 Page 1 of 43

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

15B10121Q00000018

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

04/13/2021

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Vivian Van Buren vvanburen@bop.gov

b. TELEPHONE NUMBER (No collect calls)

972-352-4502

8. OFFER DUE DATE / LOCAL

TIME

05/20/2021 9:00 CT

CODE BFAO

Federal Bureau of Prisons Field Acquisition Office U.S. Armed Forces Reserve Complex 346 Marine Forces Drive Grand Prairie, TX 75051

9. ISSUED BY UNRESTRICTED OR X SET ASIDE:100.00 % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD: $8,000,000

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

BALDCODE15. DELIVER TO

Federal Bureau of Prisons FPC Alderson One Glen Ray Road Alderson, WV 24910

CODE BALD16. ADMINISTERED BY

Federal Bureau of Prisons FPC Alderson One Glen Ray Road Alderson, WV 24910

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

BALDCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FPC Alderson One Glen Ray Road Alderson, WV 24910

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

OFFER SEE ADDENDUM

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

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

TO PROVIDE LEAD COSMETOLOGY INSTRUCTOR

SERVICE - FPC ALDERSON IN ACCORDANCE

WITH THE STATEMENT OF WORK.

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ 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 CONTRACTING OFFICER)

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

Vivian VanBuren

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

611511

0103 FAO 21-110

x

15B10121Q00000018 Page 2 of 43

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0001 Provide Lead Cosmetology Instructor Service for FPC Alderson, Base Year, Effective Date of Award (EDOA) through 12 months from EDOA

Firm Fixed Price

PSC: U006

Base Period

1,500 $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0002 Provide Lead Cosmetology Instructor Service for FPC Alderson, Option Year 1, 13 months through 24 months from EDOA

Firm Fixed Price

PSC: U006

Option Period 1

1,500 $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0003 Provide Lead Cosmetology Instructor Service for FPC Alderson, Option Year 2, 25 months through 36 months from EDOA

Firm Fixed Price

PSC: U006

Option Period 2

1,500 $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0004 Provide Lead Cosmetology Instructor Service for FPC Alderson, Option Year 3, 37 months through 48 months from EDOA

Firm Fixed Price

PSC: U006

Option Period 3

1,500 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0005 Provide Lead Cosmetology Instructor Service for FPC Alderson, Option Year 4, 49 months through 60 months from EDOA

Firm Fixed Price

PSC: U006

Option Period 4

1,500 $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE

15B10121Q00000018 Page 3 of 43

AMOUNT

0006 Provide Lead Cosmetology Instructor Service for FPC Alderson, Option Year 4, 61 months through 66 months from EDOA

Firm Fixed Price

PSC: U006

Option Period 5

750 $________ $_________________

Total for Base Year,Four Option Years and six month extension _____________________________

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 and six month extension 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.

OTHER CONSIDERATIONS

Any deviations from the requirements must have prior approval from the Contracting Officer in writing.

Section 2.2 -Statement of Work

STATEMENT OF WORK

LEAD COSMETOLOGY INSTRUCTOR

INTRODUCTION

The Federal Bureau of Prisons (BOP), Field Acquisition Office, Grand Prairie, Texas intends to make a single award to a responsible entity for the provision of a Lead Cosmetology Instructor for the Federal Prison Camp (FPC) Alderson, West Virginia. General information regarding the Bureau of Prisons (BOP) and its facilities is located at www.bop.gov. The Government reserves the right to make a single award. Therefore, each initial quote should contain the quoter's best terms from a cost or price standpoint. The base period of performance shall begin on the effective date of award through a 12 month period, with the government’s unilateral right to exercise up to four, 12 month option periods, and possible six month extension.

SERVICES TO BE PERFORMED

The contractor will provide lead Cosmetology Instruction training which will focus on required training for students to complete the West Virginia State Board of Cosmetology license requirements. The initial training course is in place but will need to be maintained by the contractor to be compliant with the West Virginia State of West Virginia requirements. The contractor will work closely with the Supervisor of Education to establish all needed material/resources for this program.

1. The contractor will train students in cosmetology with skills to include:

a) Every student will be on a program plan to complete a course study consisting of a minimum of two thousand hours.

b) Students shall perform practical work for the first three hundred hours on manikins only.

c) Every student shall complete a course of study consisting of a minimum of four hundred clock hours in order to become a licensed manicurist.

d) Directs activities of other students in maintenance of classroom or in ordering or receiving of materials for the program as needed.

The contractor will provide a training program that consists of twenty percent classroom training and eighty percent live work.

(The live work will be performed by students being directly supervised in the completion of the live work on students using the most up-to-date equipment, to plan work/activity schedules, for understanding this career field.)

15B10121Q00000018 Page 4 of 43

2. The contractor will help the advanced student develop the skills to manage the classroom operations.

A course outline which provides job entry skills is required. This course description/outline will provide entry and completion requirements for vocational training.

Activities will include various professionally accepted teaching methodologies, which include lectures, class work and individual work. Safety regulations will be adhered to at all times.

3. The contractor will have the Lead Cosmetology duties and responsibilities with the maintaining of supplies and with inventories. The contractor will also be responsible for maintaining and compiling all required paperwork, Safety Data Sheets, and paperwork which will be completed for testing of inmate participants for certification in the program. The contractor will submit the monthly paperwork to the WV State Board of Barbers and Cosmetologists.

CONTRACTOR REQUIREMENTS

The contractor must hold and maintain a current Certification as an Instructor issued by the West Virginia State Board of Barbers and Cosmetologists. Teaching experience is preferred, although not required. (Contractor must provide documentation with offer.)

Contractor is required to provide a curriculum/course outline of class learning experiences. Completion criteria will follow established standards in this field. The contractor will coordinate learning opportunities with daily live work as much as possible.

The contractor is required to attend all training by the Bureau of Prisons for contract workers. All required training will be paid on a per session basis. The contractor will not be permitted to attend institution meetings, staff recalls or Government training sessions for institution staff on contract time or as consideration of the contract. The contractor may attend team meetings, education departmental meetings or other meetings, relating to the services to be provided by the terms of the contract, to update staff on the progress of inmate students.

The contractor is also required to be registered in the System for Award Management (SAM) to be eligible for award.

Instructions for registration with the SAM can be found @ www.sam.gov.

PLACE OF PERFORMANCE

The place of performance will be in the Education Department of FPC Alderson, Glen Ray Rd Box A, West Virginia 24910.

SCHEDULE

The contractor will conduct four (4), (8) hour sessions weekly, and one (1), (4) hour session weekly for a total of 36 hours per week. The sessions will be held Monday through Friday, and will exclude any work on Federal holidays.

Any deviation from the work schedule must be approved in advance and mutually agreed upon between the contractor and the contracting officer representative (COR) and with the Contracting Office being notified in writing. This contract cannot exceed thirty- six (36) hours per week, regardless of schedule changes.

SUPPLIES AND EQUIPMENT

All supplies and equipment will be provided by FPC Alderson. Selection of materials to be used will be subject to approval by the Supervisor of Education and will be purchased by Bureau of Prison’s staff. The contractor will control, supervise and be accountable for all government supplies and equipment to ensure that it is used only for the legitimate program purpose. All supplies, furniture and equipment must comply with institution security requirements and be approved prior to placing in use by the contractor.

CLASSROOM MANAGEMENT

The contractor shall maintain and furnish, upon request, information and or data that is needed to comply with the education data system. Such information or data would include a classroom log, classroom enrollments, classroom completions and sensory inmate accountability data. The contractor shall maintain inventory and supply records related to the program, and report the same activity and needs to the Program Manager.

The contractor will provide any information that is necessary for progress reports by the Unit team or information that may be necessary for audit purposes. The record keeping will be maintained by the contractor and submitted to the Supervisor of

15B10121Q00000018 Page 5 of 43 http://www.sam.gov/

Education upon request for the purpose of monitoring the program. All activities involved in the program are to conform to the policies and procedures established by the Federal Bureau of Prisons regarding safety and security, and in accordance with Occupational Education Programs, Program Statement 5353.01.

INMATE MANAGEMENT

The contractor will not be responsible for the management of inmates. The contractor will notify the Supervisor of Education or the COR, if problems or questions arise about inmates’ behavior or demeanor.

INSTITUTION SECURITY

The contractor will be cleared for work by standard Bureau of Prisons policy (noted below). The contractor agrees adhere to all regulations and guidelines prescribed by the institution for the safety and custody of inmates. The contractor shall attend an orientation program prior to assuming involvement. Reimbursement to the contractor for time spent in the institution orientation or other specific security related training will be allowed at the pro-rated session rate. An I.D. card will be issued for proper identification and must be worn at all times while on the institution grounds. The contractor will be required to sign in and out of the institution each work day for accountability.

a) Security clearances: The COR for this contract is responsible for conducting the appropriate vouchering, law enforcement checks, fingerprinting, and any other essential tasks needed to ensure an individual employed by the contractor may gain access inside the confines of the perimeter.

The Human Resources Department will establish a security file that will commence at the beginning of the contract and remain for the duration of the contract.

The following information will be maintained in this file: a) NCIC (National Crime Information Center Check); b)DOJ-99 (Name Check); c)FD-258 (Fingerprint Check) d0OPM-329 A (Authority for Release of Information); and e)Urinalysis These requirements are in accordance with BOP P.S. 3000.2.

Further requirements may be required if the contractor is working in a sensitive position. Primary concerns are the amount of contact that may occur between the contractor and the inmate population during the performance of this contract.

b) The contractor may not possess intoxicating beverages, drugs, weapons, etc., in any vehicle or upon their person while on the institution property. Any person suspected of utilizing intoxicating beverages, drugs, etc., during the performance of this contract will not be permitted on the premises of the institution.

NON-PERSONAL SERVICE 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 training required by the Bureau of Prisons for training directly needed and related to contract workers, and shall be compensated at the per session rate established by the schedule.

Section 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 June 2021 and with an anticipated effective date of award (EDOA) of October 1, 2021. On or about the EDOA, FPC Alderson will issue a task order to the contractor.

The resulting contract will include a base year period from the effective date of award (EDOA) through 12 months from the (EDOA) with four (4) possible 12-month option years and possible six month extension for renewal at the unilateral discretion of the Government. 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 October 1, 2021.

Base Year: Effective Date of Award (EDOA) through 12 months from EDOA Option Year 1: 13 months from EDOA through 24 months from EDOA

15B10121Q00000018 Page 6 of 43

Option Year 2: 14 months from EDOA through 36 months from EDOA Option Year 3: 37 months from EDOA through 48 months from EDOA Option Year 4: 49 months from EDOA through 60 months from EDOA Six month extension: 61 months from EDOA through 66 months from EDOA

Point of Acceptance: The point of acceptance for services is FPC Alderson.

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 FPC Alderson 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 71; 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 FPC Alderson 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 an OF-347, SF-1449, or purchase card acquisition form.

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) OF-306 Declaration of Federal Employment

(3) FD-258 - Fingerprint Check;

(4) Law Enforcement Agency Check;

(5) Vouchering of employers;

(6) Employment Resume;

(8) OPM-329-A - Authority for Release of Information;

(7) Completed Contractor Pre-employment Questionnaire

15B10121Q00000018 Page 7 of 43

(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 Required Insurance: In accordance with FAR 52.212-4(q), the Contractor shall comply with all applicable Federal, State, and local laws for the requirements of maintaining applicable insurance coverage.

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

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4, Contract Terms and Conditions – Commercial Items.

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

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 52.232-18 Availability of Funds (Apr 1984) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.232-40 Providing Accelerated Payments to Small Business Subcontractor (Dec 2013)

15B10121Q00000018 Page 8 of 43 http://www.acquistion.gov/far 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

(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 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

15B10121Q00000018 Page 9 of 43 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)

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 the expiration of the current performance 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 5.5 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

15B10121Q00000018 Page 10 of 43 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:

1.

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.

15B10121Q00000018 Page 11 of 43

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)

BOP 52.218-000 Continuing Contract Performance During a Pandemic Influenza or other National

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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

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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 effects of that condition and, if necessary, the contract will be amended. Failure to agree on a course of action will constitute a dispute under the Disputes clause of this contract.

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

(End of Clause)

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

(a) Dorian Dickerson d1dickerson@bop.gov 304-445-3300 been assigned as the Contracting Officer's Representative (COR) under this contract.

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

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

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Scope of Work, the Contracting Officer shall issue such changes.

(End of Clause) DOJ 52.27-103-72, DOJ Contractor Residency Requirement BOP (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:

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

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

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

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

[End of Clause]

BOP 2852.237-77, Contractors Classified as Common Law Employees (May 2014)

a) When award is made to an individual other than a corporation, the provision of these services is considered to create a common law employment relationship. Therefore, the Bureau is responsible for the payment of FICA taxes and the withholding of the individual contractor’s taxes.

(b) An award made to an individual resulting from this solicitation is not subject to FAR 52.212-4(i), Prompt Payment Act.

(c) Upon contract award, the following forms shall be completed by the individual awardee:

• Direct Deposit (SF-1199A)

• Federal/State/City/County Tax forms (as applicable)

• Employee Locator Form (DOJ-233)

• Race and National Origin Identification (SF-181)

• Self-Identification of Handicap (SF-256)

• Employment Eligibility Verification (I-9)

(d) Despite an individual contractor’s status as a common law employee, the contractor is not entitled to other aspects of employment with the Bureau such as the filing of Equal Employment Opportunity claims, tort claims, etc.

[End of Clause]

BOP 2852.242-71 Evaluation of Contractor Performance Utilizing CPARS (Apr 2011) The services, although not directly supervised, shall be reviewed by the Federal Bureau of Prisons (BOP) staff to ensure contract compliance. The contractor’s performance will be evaluated in accordance with FAR 42.15.

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

(End of clause)

15B10121Q00000018 Page 15 of 43 http://www.cpars.gov/ mailto:webptsmh@navy.mil

DJAR-PGD-15-03 Security of Department Information and Systems (April 2015)

I. Applicability to Contractors and Subcontractors

This clause applies to all contractors and subcontractors, including cloud service providers (“CSPs”), and personnel of contractors, subcontractors, and CSPs (hereinafter collectively, “Contractor”) that may access, collect, store, process, maintain, use, share, retrieve, disseminate, transmit, or dispose of DOJ Information. It establishes and implements specific DOJ requirements applicable to this Contract.