RFQ FPC Bryan 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 Cosmetology Instructor, FPC Bryan, TX. 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 April 1, 2021 at 09:00. 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

15B50421Q00000005 Page 1 of 45

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

15B50421Q00000005

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

02/24/2021

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

04/01/2021 09:00 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:611511

SIZE STANDARD: $8,000,000

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

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

BBRYCODE15. DELIVER TO

Federal Bureau of Prisons FPC Bryan 1100 Ursuline Business Office Bryan, TX 77803

CODE BBRY16. ADMINISTERED BY

Federal Bureau of Prisons FPC Bryan 1100 Ursuline Business Office Bryan, TX 77803

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

BBRYCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FPC Bryan 1100 Ursuline Business Office Bryan, TX 77803

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 Cosmetology Instructor service for the inmates at FPC Bryan, Texas in accordance with the Statement of Work.

RP#0048-21

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 X 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

RP-0048-21 FAO 21-066

15B50421Q00000005 Page 2 of 45

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 To provide Cosmetology Instructor services for FPC Bryan, Texas.

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

Firm Fixed Price

PSC: U006

1,645 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 To provide Cosmetology Instructor services for FPC Bryan, Texas.

Option Year #1 - 13 months from EDOA through 24 months from

EDOA.

Firm Fixed Price

PSC: U006

1,645 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 To provide Cosmetology Instructor services for FPC Bryan, Texas.

Option Year #2 - 25 months from EDOA through 36 months from

EDOA.

Firm Fixed Price

PSC: U006

1,645 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 To provide Cosmetology Instructor services for FPC Bryan, Texas.

Option Year #3 - 37 months from EDOA through 48 months from

EDOA.

Firm Fixed Price

PSC: U006

1,645 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 To provide Cosmetology Instructor services for FPC Bryan, Texas.

Option Year #4 - 49 months from EDOA through 60 months from

EDOA.

Firm Fixed Price

PSC: U006

1,645 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 To provide Cosmetology Instructor services for FPC Bryan, Texas.

Option for six month extension - 61 months from EDOA through 66 months from EDOA.

Firm Fixed Price

PSC: U006

823 SS $________ $_________________

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

Advanced Occupational Trainer-

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 an Advanced Occupational Training program in Cosmetology for the Federal Prison Camp (FPC) Bryan, Texas. 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 a six month extension.

SERVICES TO BE PERFORMED

The BOP has requirement to offer inmates opportunities for improvement to their educational levels and workplace skills while incarcerated. The agreement is for the purpose of providing Advance Occupational Training Program to the incarcerated students at FPC Bryan. The purpose of the classes is to train students for careers in the work force and to provide needed skills for RE-ENTRY employment in the community and to provide skills for existing work details within the institution. The Advanced Occupational Training Programs is to include, but is not limited to the following course:

Cosmetology

The Contractor will direct a Cosmetology training program which will focus on required training for students to complete the Texas Department of License & Regulation Cosmetology license requirements. The initial training course is in place and will need to be maintained and updated as required by the State of Texas. The Contractor will work closely with the Supervisor of Education to establish all needed material/resources for this program.

C. PLACE OF PERFORMANCE

The training program will be performed at FPC Bryan, 1100 Ursuline St. Texas, 77803. The Contractor will sign the log at control indicating the time of arrival to and departure. Half sessions will not be authorized for payment.

D. INSTITUTIONAL SCHEDULE

Due to the sensitive nature of the correctional environment, the contractor is expected to be prompt in reporting to work in order

15B50421Q00000005 Page 3 of 45 to support the inmate accountability policy. The courses shall be instructed using class room hours with estimated 7 hours of instruction per day or up to estimated 35 hours of instruction per week. A session is defined as one hour. The contractor shall instruct inmate students for one hours sessions, 1645 sessions, typically from Monday - Friday, 7:30 A.M.-11:00 A. M. and 11:30 - 3:00 P. M., including a 30 minute unpaid lunch break from 11:00 A.M. - 11:30 A.M., excluding federal holidays. Hours may be adjusted to meet the needs of the institution. Estimated annual hourly sessions are approximately 1645 per 12-month period. The sessions are on a requirements basis therefore schedule and sessions can change.

The schedule shall not exceed estimated thirty-five (35) hours per week, if the services are performed by an individual. The Contracting Officer Representative (COR) will be responsible for defining each weekly schedule. The schedule is subject to change based on the variable needs of the institution and the unpredictable nature of the correctional environment. Advance notice of schedule changes will be given whenever possible. Due to the nature of the correctional setting, delays in performance of work may be expected. Such delays may include, but are not limited to inclement weather, electrical or mechanical problems, or other security matters. In the event of any absence, the Contractor shall provide replacement coverage. Upon agreement, any changes to the schedules must be coordinated with the COR assigned under this contract.

The Contractor’s instructors will need to be at the institution at least fifteen (15) minutes prior to the start of their classes in order to be processed for entrance and escorted to the program area. The Contractor will notify the COR or Education Supervisor 24 hours in advance of class cancellation or any changes that may affect classes. The contractor must submit a leave slip for documentation of absence for time & attendance purposes upon return. If the Contractor fails to provide coverage, the Government may seek contractual remedy.

When contract employees report to the institution but are unable to perform services due to such delays, the Contractor will be paid for one (1) session. Normally, any remaining sessions for that day will be suspended and the Contractor will be free to leave. 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. The contractor must provide a time & attendance sheet to the COR each pay period.

E. SCOPE OF SERVICES

The contractor will make available, on a nondiscriminatory basis, Advanced Occupational Training Program with an emphasis in Cosmetology consistent with the requirements of this solicitation. The rules and procedures of FPC Bryan, Texas, and all applicable Federal and State laws and regulations in effect during the term of this contract will be adhered to. Due to state statute and licensure requirements, the contractor must provide an instructional program that meets the minimum established state educational requirements for Cosmetology programs. The instructor is required to have an extensive knowledge in teaching the areas related to, at a minimum, the 1,500 hour program recognized by the Texas Department of License and Regulation department. The manner and method in performing the tasks outlined in the statement of work are the sole responsibility and within the sole discretion of the contractor. The contractor shall perform in accordance with accepted professional standards and the methods and guidelines referenced above.

Provide instruction in Cosmetology as set forth in Lesson Plans and Curriculum created by accrediting school.

Establishment of a permanent record of vocation training completed.

• Provide instruction consistent with course requirements provided by accrediting school.

• Enhance course instruction with Live Work and On-The-Job training to meet accrediting school’s expectations.

• Examination and evaluation of students to determine mastery of course work.

F. PROGRAM/CLASSROOM MANAGEMENT

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 the minimum state requirements.

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

2. The Contractor will provide a training program that consists of twenty percent (20%) classroom training and eighty percent (80%) live work. (The live work will be performed by students being directly supervised in the completion of

15B50421Q00000005 Page 4 of 45 the live work on students and/or inmates at the institution using the most up-to-date equipment, to plan work/activity schedules, for understanding this career field.)

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

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

5. The Contractor will also have duties and responsibilities for the maintaining of supplies and inventories. The contractor will assist in paperwork which will be completed for testing the inmate participants for certification in this program.

The estimated inmate enrollment will be equivalent to a 25 student minimum per class. The contract will ensure the instruction in each program area includes those components that will lead to successful completion of that course.

Certificates of Completion for each course will be awarded to each student upon successful completion.

G. SUPPLIES AND EQUIPMENT

Classroom equipment, books, and other related supplies will be provided by FPC Bryan, Texas. Equipment not provided by the Education Department will be provided by the contractor. The Contractor and/or their instruction(s) will not bring in or remove any equipment, tools or class supplies without prior approval of the Supervisor Education.

H. ACADEMIC, EXPERIENCE AND/OR SPECIAL QUALIFICATIONS REQUIREMENTS

The successful contractor shall possess a Vocational Certification in Cosmetology from an accredited college, technical school or university and/or experience in instruction in a cosmetology field and be certified by the Texas Department of License & Regulation as a Cosmetology Instructor and maintain a valid license. The instructor must meet the teacher certification requirements for the state of Texas, have at least one year's experience in a related field, and have an extensive knowledge of teaching the areas related to the 1,500 hour program.

All contract instructors assigned to provide instruction as part of this contract must demonstrate knowledge of cosmetology.

Quoters must specifically identify the individual that will be performing these services under any subsequent contract award.

The quoter must provide proof that their candidate meets all qualifications. The candidate’s name and qualifications must be submitted at the time the quote is submitted. All Contractors must submit with their quote a resume, photocopies of documents evidencing accreditation, education, and training.

I. INMATE MANAGEMENT

The Contractor must agree to adhere to all regulations prescribed by FPC Bryan, Texas for the safety, custody, and conduct of inmates. The custody of federal inmates remains a primary responsibility of the designated facility. The provision of services under this contract will require frequent and unsupervised contact with inmates. The contractor will not be responsible for the management of inmates except to ensure that those inmates involved in activities within the contractor’s scope of work shall abide by all rules, in effect, to ensure the safety and well-being of all participants. The contractor will report any infractions of rules and regulations by any inmate to the Supervisor of Education, the respective facility, or the Contracting Officer Representative (COR).

J. CURRICULUM DEVELOPMENT

The Contractor shall be capable of teaching adult students at high school level. The Contractor shall use a variety of teaching techniques to include classroom lectures. The Contractor will update the curriculum as needed to include current skills. Both the Contractor and Supervisor of Education must approve any changes in scheduled programming to the curriculum.

The Contractor shall provide a written course syllabus to each student enrolled in the program and copies for the Supervisor of Education or COR. The syllabus shall include the topic, date, and the name of the instructor for each session. A weekly and monthly report of hours logged for each student, an inventory of equipment supplies in/out, and a report of pertinent student conduct/assessment of progress for each student will be provided to the Supervisor of Education or COR.

The following subjects will be taught:

15B50421Q00000005 Page 5 of 45

5. Theory & Classroom Instruction 75 Hours

a. Orientation

b. Career Information

c. State Laws & Regulations

d. Professional Image

e. First Aid

f. Chemistry

g. Electricity

h. Job Seeking

i. Professional Ethics

6. Bacteriology, Decontamination, Infection Control 75 Hours

a. Types & Classifications of Bacteria, Growth & Reproduction

b. AIDS, Biology, Health & Public Sanitation

c. Disinfection, Sterilization, Sanitation, Chemical Agents & Products

d. OSHA

e. Tools, Equipment Use and Safety, Practical Application of Procedures

7. Shampoo, Rinses, Scalp Treatment, & Related Theory 75 Hours

a. Properties of Hair & Scalp, Hair Growth

b. Hair Analysis & Scalp Care & Practical Application Procedures

c. Shampooing & Related Theory, Practical Application Procedures

d. Chemistry & Use of Shampoo & Conditioning Products

8. Hairstyling & Hair Related Theory 150 Hours

a. Tools & Their Use

b. Wet Hairstyling, Finger Waving, Pin Curls, Roller Curls, Comb-Out Techniques, Braiding, &

Practical Application Procedures

c. Thermal Hairstyling and Pressing, Curling Irons, Blow-Dry Styling, Air Waving, & Practical

Application Procedures

d. Artistry of Artificial Hair

9. Hair Cutting & Related Theory 200 Hours

a. Basics of Hair Cutting, Tools & Their Use & Safety

b. Sectioning & Practical Application of Procedures, Guides, Elevations, Cutting High Elevation, Reverse

Elevation, Blended Elevation, & Practical Applications & Procedures

c. Razor, Clipper, And Scissor-Over-Comb Technique, Special Effects & Practical Application Procedures

10. Haircoloring & Related Theory 125 Hours

a. Introduction, Nature’s Color, Client Communication, Color Theory

b. Types of Hair Color, Temporary, Semi-Permanent, Oxidative Deposit-Only, Non-Oxidative

Permanent, Oxidative Lift-Deposit, Hydrogen Peroxide Developers, Chemistry of Hair Coloring

c. Color Application Techniques & Practical Application Procedures

d. Hair Lightening, Special-Effects Highlighting, & Practical Application of Procedures

11. Chemical Rearranging (texture services) and Related Theory 200 Hours

a. Introduction & History, Modern Chemistry, Perm & Relaxing Products, Chemistry of Products

b. Hair Structure & Chemical Reformation, Rod Selection, Sectioning & Wrapping Techniques

Perming Techniques & Practical Application of Procedures

c. Steps in Chemical Relaxing Processes, Chemical Blow-Out, Soft Curl Permanent, Safety

Precautions, & Practical Application Procedures

12. Manicuring & Pedicuring & Related Theory 175 Hours

a. The Nail & Its Disorders

b. Introduction, Shapes of Nails, Equipment, Implements, Cosmetics, & Materials

c. Preparation of Manicuring Table, Plain Manicure, Safety Rules, Individual Nail Styling, Theory of Massage, Hand & Arm Massage, Other Types of Manicures, & Practical Application

15B50421Q00000005 Page 6 of 45

Procedures

d. Preparation of Makeup Application & Cosmetics for Facial Makeup, Chemistry of Cosmetics, Makeup Application Techniques, & Practical Application of Procedures

e. Lash & Brow Tinting, Artificial Eyelashes, & Practical Applications of Procedures

f. Removing Unwanted Hair and Practical Application of Procedures

13. Facials & Related Theory 175 Hours

a. The Skin & Its Disorders

b. Introduction to Facial Treatments, Facial Massage, Facial Manipulations, & Practical

Application of Procedures

c. Facials for Dry Skin, Oily Skin, Comedones, Millia, Acne Packs & Masks, Light Therapy &

Safety

d. Preparation for Makeup Application & Cosmetics for Facial Makeup, Chemistry of Cosmetics, Makeup Application Techniques, & Practical Application of Procedures

e. Lash & Brow Tinting, Artificial Eyelashes, & Practical Application of Procedures

f. Removing Unwanted Hari and Practical Application of Procedures

14. Salon Business, Retail Sales 50 Hours

a. Introduction & Fundamentals of Business Management, Opening a Salon, Business Plan, Written Agreements

b. Licensing Requirements & Regulations Laws, Safely

c. Compensation Packages, Payroll Deductions, Insurance

d. Salon Operations, Policies, Practices, Telephone Use, Advertising

e. Sales Communications, Public & Human Relationships

f. Securing Employment

15. Miscellaneous 200 Hours

a. Miscellaneous items will be applied by the instructor to strengthen student performance;

additional topics may be identified by institutional Advisory Council as relevant to current trends within the industry or other related training.

K. INSTITUTION SECURITY

The Contractor agrees to adhere to all regulations prescribed by the institutions in regards to the safety, custody, and conduct of inmates. The Bureau of Prisons requires all non-employees to sign in and out of the institution for security reasons and random drug screening may be conducted. The Contractor will be required to attend a one-time orientation program, consisting of approximately four (4) hours, prior to performing any services under this contract. The date and time for this orientation will be mutually agreed upon by both parties, and reimbursement for attendance will be at the hourly contract rate.

Refresher training in security and Bureau of Prisons (BOP) procedures may be required annually.

The contractor, as well as all employees of the contractor, must undergo a security clearance process prior to being permitted to enter the institution. The Contractor or its’ employees may, at any time, be removed from the institution, at the discretion of the CEO. Additionally, contract staff will each be required to wear an ID badge, provided by the Government, at all times within the confines of the institution.

L. RESTRICTIONS ON CONTRACT WORKERS

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

M. PERFORMANCE CONDITIONS

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

The services, although not directly supervised, shall be reviewed by institution Education staff to ensure contract compliance.

Contract monitoring reports will be prepared by the COR and maintained in the contract file.

15B50421Q00000005 Page 7 of 45

N. NONPERSONAL STATUS

Award of this contract will result in a contractual arrangement only. The service is a contractual arrangement and not a personnel appointment; Payment is based on an end product or the accomplishment of a specific result; The service does not constitute an employer/employee relationship; and The Contractor will not be subject to Government supervision, except for security related matters. However, Contractor performance shall be monitored. All duties outlined in this Statement of Work shall be performed in accordance with standards and methods generally accepted within the Contractor’s own field of expertise.

The COR will periodically evaluate the Contractor’s performance. In this evaluation, if the performance of the Vocational Instructor is deemed unacceptable, that provider will no longer perform those duties. In that event, the Contractor will be responsible for replacing the contract worker.

O. PAYMENT TERMS

Contractor must provide a means for electronic payment to include bank routing and account number. Payment terms as specified in FAR 52.212-4(g). The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903 and prompt payment regulations at 5 CFR Part 1315. The Contractor can however offer discount payment terms for prompt payments as specified in block 12 on the SF-1449 form of this solicitation. Partial or half sessions will not be authorized for payment.

Contractor, if an individual other than a corporation, upon contract award must complete several Human Resource Management forms. The forms are referenced as follows:

1. Direct Deposit (SF-1199A)

2. Federal/State/City/County Tax forms (as applicable)

3. Employee Locator Form (DOJ-233)

4. Race and National Origin Identification (SF-181)

5. Self-Identification of Handicap (SF-256)

6. Employment Eligibility Verification (I-9)

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

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 April 2021 and with an anticipated effective date of award (EDOA) of May 1, 2021.

On or about the EDOA, FPC Bryan 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 May 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 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 Bryan, Texas.

Non-Personal Services Information: This service is a contractual arrangement and not a personnel appointment.

15B50421Q00000005 Page 8 of 45

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 Bryan 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 Bryan 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:

National Crime Information Center (NCIC) Check;

DOJ-99 - Name Check;

FD-258 - Fingerprint Check;

Law Enforcement Agency Check;

Vouchering of employers over the past five years for each individual instructor or employee;

Resume/Personal Qualifications;

OPM-329-A - Authority for Release of Information;

NACI Check (if applicable) OF-306 Declaration of Federal Employment Completed Contractor Pre-employment Questionnaire Questionnaire for Sensitive Positions (SF-85 for Low Risk, SF-85P for above low risk) 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

15B50421Q00000005 Page 9 of 45 considered for award, the Contractor must agree to submit to the all the above security requirements.

System of Records: Privacy Act Notification: The contract will require contract staff to operate a system of records documentation and will require adherence to the Privacy Act of 1974. The system of records will be maintained in accordance with community standards for education records. The contractor and/or staff are not authorized to disclose this or any information pertaining to an inmate to any non-BOP source. Any requests for such information shall be forwarded to the SOE for proper disposition.

Schedule of Required Insurance As required by FAR 52.228-5 entitled “Insurance – Work on a Government Installation,” the Contractor shall, at its own expense, provide and maintain during the entire performance of the resulting contract, at least the kinds of minimum amounts of insurance required as listed below:

Workers Compensation & Employer’s Liability: The contractor shall 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 it would not be practical to require this coverage. Employer’s liability coverage and 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. (FAR 28.307-2(a))

Comprehensive General Liability: $500,000 per accident on occurrence for bodily injury. This insurance shall include contractor's protective and liability (FAR 28.307-2(b)), and Automobile liability: (FAR 28.307-2(c)).

The policies evidencing required coverage shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective (1) for such period as the laws of the state in which this contract is to be performed, or (2) under 30 days after insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

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.

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

15B50421Q00000005 Page 10 of 45 http://www.acquistion.gov/far

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

(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

15B50421Q00000005 Page 11 of 45 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)

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.

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

15B50421Q00000005 Page 12 of 45 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:

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

15B50421Q00000005 Page 13 of 45 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

15B50421Q00000005 Page 14 of 45

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…