RFQ FPC Duluth VT Machine Tool-Machinist.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 a Vocational Training Program – Machine Tool/Machinist for the Federal Prison Camp (FPC) Duluth, Minnesota. 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 52.204-7 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 Unique Entity Identification (UEI) number in their quotes. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardees UEI 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 611310-College, Universities, Professional Schools.

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 June 19, 2023 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.

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

15BFA023Q00000052 Page 1 of 58

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 AND 30.

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15BFA023Q00000052

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

05/17/2023

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

06/19/2023 09:00 CT

CODE 15BFA0

Federal Bureau of Prisons

Field Acquisition Office

U.S. Armed Forces Reserve Complex

346 Marine Forces Drive

Grand Prairie, TX 75051

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

8(A)

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

611310

SIZE STANDARD:

34.5 million

10. THE ACQUISITION IS

SEE SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

13b. RATING

X REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

15B402CODE15. DELIVER TO

Federal Bureau of Prisons FPC Duluth 4464 Ralston Drive Attn: Business Office Duluth, MN 55814

CODE 15B40216. ADMINISTERED BY

Federal Bureau of Prisons FPC Duluth 4464 Ralston Drive Attn: Business Office Duluth, MN 55814

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

BDTHCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FPC Duluth

PO BOX 1400

Duluth, MN 55811

DTH-BusinessOffice-S@bop.gov

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 NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Provision of VT Program Machine Tool/Machinist in accordance with the Statement of Work for FPC Duluth

Firm Fixed Price

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

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

X 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: REFERENCE _____________________________

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

05/12/2023

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

15BFA023Q00000052 Page 2 of 58

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 11/2021) BACK

15BFA023Q00000052 Page 3 of 58

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2.1 PRICING METHODOLOGY

2.2 STATEMENT OF WORK

2.3 SPECIAL CONTRACT CONDITIONS

3 Contract Clauses 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Jun 2020) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Dec 2022) 52.224-1 Privacy Act Notification (Apr 1984) 52.224-2 Privacy Act (Apr 1984) 52.228-5 Insurance-Work on a Government Installation (Jan 1997) 52.232-18 Availability of Funds (Apr 1984) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.216-18 Ordering (Aug 2020) 52.216-19 Order Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (NOV 2020) 2852.201-70 Contracting Officer's Representative (COR) (NOV 2020)

BOP 2852.237-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS

(JUNE 2004)

BOP 2852.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR

2011) DOJ-01 Whistleblower Information Distribution (Oct 2021) DOJ-02 Contractor Privacy Requirements (JAN 2022) DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021) DOJ-04 Federal Workplace Responses to Domestic Violence, Sexual Assault, and Stalking (DEC 2014) DOJ-05 Security of Department Information and Systems (APR 2015) DOJ-07 Prohibition On Access By Non-U.S. Citizens To DOJ IT Systems (MAR 2002) DOJ-08 Continuing Contract Performance During a Pandemic Influenza or other National Emergency

(OCT 2007)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Mar 2023)

4 List of Attachments 5 Solicitation Provisions

52.204-7 System for Award Management (Oct 2018) 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Mar 2023) 52.217-5 Evaluation of Options (July 1990)

5.1 Tailoring/Quote Submission Requirements/Evaluation and Award Methodology/Sam Registration/

PTAC/FOIA

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 2852.233-70 Protests Filed Directly with the Department of Justice (NOV 2020) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (Dec 2022)

15BFA023Q00000052 Page 4 of 58

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Machine Tool/Machinist Vocational Training Program for an estimated 9 students per year.

Base Year- Effective date of award (EDOA) through 12 months from EDOA.

PSC: U006

Base Period

9 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Machine Tool/Machinist Vocational Training Program for an estimated 9 students per year.

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

EDOA

PSC: U006

Option Period

9 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Machine Tool/Machinist Vocational Training Program for an estimated 9 students per year.

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

EDOA

PSC: U006

Option Period

9 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Machine Tool/Machinist Vocational Training Program for an estimated 9 students per year.

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

EDOA

PSC: U006

Option Period

9 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Machine Tool/Machinist Vocational Training Program for an estimated 9 students per year.

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

EDOA

PSC: U006

Option Period

9 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 Machine Tool/Machinist Vocational Training Program for an estimated 9 students per year.

9 EA $________ $_________________

15BFA023Q00000052 Page 5 of 58

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

PSC: U006

Option Period

Aggregate Total: $__________________________________ (Base + Options)

2.1 PRICING METHODOLOGY

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

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

2.2 STATEMENT OF WORK

Occupational Training Program Provider Vocational Training: Machine Tool-Machinist

Subject The Federal Bureau of Prisons (BOP), Field Acquisition Office (FAO), intends to make a single award to a post-secondary institution, vocational training, or industry-based school that will be responsible for providing instruction in Machine Tool Certification program for the Federal Prison Camp (FPC) Duluth, Minnesota. The Government contemplates awarding indefinite delivery requirements type contract with firm fixed unit prices. Successful completion of the training program must qualify inmates for at least entry-level employment in the Machine Tool field upon release.

General information regarding the BOP is located at www.bop.gov.

Period of Performance The contract period will be in effect from the effective date of award (EDOA) through 60 months from the EDOA with the possibility of up to a 6-month extension option, but will not exceed 66 months total.

Place of Performance Training/instruction will be performed in classrooms either at the contractor's facility or at FPC Duluth. The contractor's classrooms shall be no further than 25 miles from FPC Duluth (4464 Ralston Drive, Duluth, MN 55811) to be considered for contract award. Contractors proposing to provide an instructor and mobile work-station to provide instruction at FPC Duluth will also be considered. In that case a classroom and workspace will be provided at FPC Duluth (4464 Ralston Drive, Duluth, MN 55811). Invoices for payment shall be submitted to:

FPC Duluth Attn: Business Office PO Box 1400 Duluth, MN 55814 Or DTH-BusinessOffice-S@bop.gov

Schedule

15BFA023Q00000052 Page 6 of 58

Training/instruction will generally be performed Monday through Friday from 9:00 A.M. through 3:00 P.M., except for Federal Holidays. These hours may be adjusted by mutual agreement of both parties.

Due to the nature of the correctional setting the students live in, delays in performance of work may be experienced. Such delays may include but are not limited to inclement weather, electrical or mechanical problems, or others security matters.

It is anticipated that the certificate program would be completed for each student/class in a period of one year consisting of 860 session hours.

Education and Qualifications The contractor shall not be a self-employed individual or individual employed by a post-secondary institution. The contract must be between Federal Prison Camp Duluth and [post-secondary institution, vocational training school or industry-based school.

The instructor must have a current teaching license or meet nationally, or state recognized accreditation, certification, or license requirements for the position. The contractor must be affiliated with a national or state recognized college/ university which is a member of “Accredited Institutions Post-Secondary Education,” North Central Association Commission on Accreditation, Higher Learning Commission website: www.mcahlc.org. In addition, all instructors must have a teaching license or be qualified/certified to teach post-secondary education courses. The contractor instructor must have knowledge in the field of Machinist Technology. The Contractor shall provide a copy of all diplomas and/or certificates to support stated qualifications with the offer.

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

Providers must be accredited by a recognized accrediting agency. If required for employment, certification tests from outside organizations may be administered to individual inmates upon completion of a specific occupational education program. However, the individual skill competency certification will not replace the training program’s overall accreditation. The occupational education program must lead to a college certificate, A.A., A. S., A.A.S. or industry-recognized certificate qualifying inmates for at least an entry-level position of employment. Credits earned from the college certificate, A.A., A.S., or A.A.S. must be transferrable to a four-year college.

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

The organization’s accreditation will be verified using the US Department of Education Database of accredited Postsecondary Institutions and Programs (DAPIP) website (https://ope.ed.gov/dapip/#/home) and/or the Higher Learning Commission database for Minnesota at (www.mcahlc.org)

Supplies and Equipment The contractor will provide the following supplies, equipment, and curriculum materials:

One set of textbooks, workbooks, and other tools and materials customarily provided to college level students for each course for 9 students for each contract performance period. The contractor shall be responsible for bearing the expense of providing updated textbooks resulting from edition changes in the quantities set forth herein. Textbooks provided by the contractor may be "used" if they are in a condition customarily deemed acceptable for use by college-level students.

FPC Duluth will be responsible for providing replacements for any textbooks, workbooks, etc., which are lost, misplaced, confiscated, or destroyed after issuance to the student. The contractor may make recommendations to the Supervisor of Education pertaining to the selection and purchase of additional supplies and equipment.

Description of Duties

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The contractor will provide instruction for a Machine Tool Certificate program in accordance with Bureau of Prisons Program Statement 5353.01, Occupational Education Programs, and Bureau of Prisons Program Statement 5300.21, Education, Training and Leisure Time Program Standards.

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

The Supervisor of Education must approve live work projects.

Marketable programs shall afford inmates the opportunity to gain in demand skills in a specific occupation, industry, or trade. Some examples of classes included in the certificate/degree could include; Print Reading, Machine Tool Operating, Turning, Milling, Safety, Blueprint Reading, etc… The Machine Tool Certificate program must qualify inmate graduates for at least an entry-level position. As a precondition of the proposal for the contract, the contractor shall specify in writing to the Supervisor of Education the position(s) of employment for which inmate graduates will be eligible to apply.

Example of possible employment:

• Entry Level Machinist

• Entry Level Machine Tooling

• Machine Tooling/Machinist Apprentice

The offeror shall provide services in accordance with the requirements of this solicitation for 9 students from FPC Duluth. Services shall include the provision of offsite academic instruction and appropriate academic advisement.

The contractor shall maintain records on each student which include registration/enrollment status, attendance, academic progress/standing, completion, and withdrawal data. The contractor must inform the COR (or FPC Duluth staff designated by the COR) of issues or concerns in a timely manner. In addition, the contractor shall designate an individual to provide students with enrollment information, establish, and coordinate program requirements, as well as provide general coordination between the Contractor and FPC Duluth.

The curriculum must include clear criteria, which establishes minimum expectations for program completion, provisions for the assessment of student progress, and the hands-on competencies.

Attire Instructors are expected to wear professional clothing while on duty. The attire worn shall also be appropriate for the environment in which they will be teaching. The instructors are prohibited from wearing green clothing of any type as this is the color clothing the inmate population wears.

Inmate Management Provision of services will require frequent and unsupervised contact with inmates. The inmates eligible for this program have been classified by the Bureau of Prisons as minimum security. Inmates designated with this security classification have Bureau of Prisons approval to transport themselves in a Bureau of Prisons issued vehicle to and from the contractor's facility.

A Bureau of Prisons staff member will not ordinarily accompany the inmate students. Instructors shall not be responsible for the management of any inmates, other than to ensure inmates involved within the contract's scope of work abide by all rules to ensure their safety and well-being.

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At all times instructors are to maintain a professional relationship with the inmates. Any violation of the institution rules and regulations are to be brought immediately to the attention of any FPC Duluth employee.

The contractor will be required to provide documentation to the Contractor Officers Representative (COR), or designee, of any infractions of institutional rules and regulations by inmates for proper action.

Inmates shall not use a computer without prior written approval of the Computer Services Manager.

Institution Security

All instructors will be required to attend/complete a four-hour security orientation program prior to performing off-site services. Thereafter, all instructors providing off-site services will be required to comply with all applicable Federal Bureau of Prisons security policies and procedures. The date and time for this orientation will be mutually agreed upon by both parties.

The Contractor agrees to adhere to all regulations prescribed by the institution regarding 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. The Contractor’s service provider may, at any time, be removed from the institution at the discretion of the CEO for violations of institutional security policies or behavior that may jeopardize the safety and security of the institution.

The Contractor must successfully pass background investigation.

A urinalysis test is required for the detection of marijuana and other drug usage. If the individual(s) assigned to perform the work test positive, the individual(s) shall be excluded, and the proposed contractor shall provide acceptable replacement personnel subject to the same security requirements. The contractor agrees to adhere to all regulations/policies prescribed by FPC Duluth and the Bureau of Prisons to ensure the safety, custody and conduct of the inmate. All services are to be supervised as required by institution policy, Contract, Part-time, Volunteer Employee Rules, Regulations, and Orientation” and Policy Statement 3730.2.

Non-Personal Services

This is a contractual arrangement and not a personnel appointment. As specified in FAR 37.101, A Non-personal Service Contracts means a contract under which the personnel rendering the services are not subject, either by the contract's terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees. The contractor shall not supervise inmates, supervise Bureau of Prisons Staff, participate in inmate accountability, requisition, sign for or pick up supplies, formulate policy or procedures, attend meetings, recalls or staff functions, or be a member of the Employee’s Club. 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. Payment shall be based on the accomplishment of specific results, and the results to be obtained shall be entirely within the contractor's own unsupervised determination. The COR will periodically evaluate the contractor's performance of the contract.

By submission of a quote, the contractor agrees to all the above requirements.

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 and with an anticipated effective date of award (EDOA) of September 1, 2023. On or about the EDOA, FPC Duluth will issue a task order to the contractor. The

15BFA023Q00000052 Page 9 of 58 contractor shall commence full performance services on the EDOA, therefore, all background clearances shall be completed prior to EDOA.

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 period renewal, and a possible six-month extension option period, 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.”

FAR 52.217-8, “Option to Extend Services.”

Performance Period(s): The anticipated effective date of award (EDOA) is September 1, 2023.

Base Year: Effective Date of Award (EDOA) through 12 months from EDOA Option Period 1: 13 months from EDOA through 24 months from EDOA Option Period 2: 25 months from EDOA through 36 months from EDOA Option Period 3: 37 months from EDOA through 48 months from EDOA Option Period 4: 49 months from EDOA through 60 months from EDOA Option Period 5: Six Month Extension-61 months from EDOA through 66 months from EDOA.

Point of Acceptance: The point of acceptance for services is FPC Duluth

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 Duluth 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 Duluth 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 or SF-1449.

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

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

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

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

(3) FD-258 (fingerprint check);

(4) Law Enforcement Agency checks;

(5) Vouchering of Employers;

(6) Employment Resume;

(7) Completed Contractor Pre-employment Questionnaire;

(8) Release of Information;

(9) Questionnaire for Sensitive Positions;

(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.

Quoters should also note that clause DOJ-03, Personnel Security Requirements For Contractor Employees (Nov 2021);– Classified Information -- Cleared Contractors requires that contractor personnel have a "favorable credit report." Quoters are strongly encouraged to pre-screen potential candidates for credit issues before submitting the candidate to FPC Duluth.

By submitting a quote for service, the contractor and its employees agree to complete the required documents and undergo the listed procedures. An individual who does not pass the security clearance will be unable to enter the Bureau facility. Any individual employed by the contractor who is deemed not suitable by the Bureau requirements will not be granted access to perform services under the contract. This is a condition of the contract. Finally, the contractor shall be in compliance with 8 CFR 274a regarding employment of aliens.

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 educational programs for Machine Tool/ Machinist Licenses/Certification. 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 Supervisor of Education for proper disposition.

Schedule of Insurance: In accordance with FAR 52.228-5 and 28.307-2, (a) Workers’ compensation and employer’s liability. Contractors are required to comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.

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

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

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Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Dec 2022)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov

Clause Title Fill-ins (if applicable)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To

Inform Employees of Whistleblower Rights (Jun 2020)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial

Services (Dec 2022)

52.224-1 Privacy Act Notification (Apr 1984)

52.224-2 Privacy Act (Apr 1984)

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

52.232-18 Availability of Funds (Apr 1984)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Mar 2023)

Clauses By Full Text

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 [insert dates].

(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.

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(c) A delivery order or task order is considered "issued" when--

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either--

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than deliverable as identified in Schedule of Services [insert dollar figure or quantity], 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 [insert dollar figure or quantity];

(2) Any order for a combination of items in excess of the estimated quantities in the Schedule of Items within the current performance period [insert dollar figure or quantity]; 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)

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.

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(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 [insert date].

(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 within 60 days [insert the period of time within which the Contracting Officer may exercise the option].

(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 within 60 days [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] 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 (months) (years).

(End of clause)

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)

2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (NOV 2020)

(a) “Unsafe condition” as used in this clause means the actual or potential exposure of Contractor or Government employees to a hazardous material.

(b) “Hazardous Material” as used in this clause includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract), any other potentially hazardous material requiring safety controls, or any other material or working condition designated as hazardous by the Contracting Officer's Representative (COR).

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(c) 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.

(d) Prior to commencement of work, Contractors are required to inspect for and report to the Contracting Officer 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.

(e) 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.

(f) 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.

(g) 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)

2852.201-70 Contracting Officer's Representative (COR) (NOV 2020)

(a) Mr./Ms. Bryna Ekroot, VT Instructor of FPC Duluth , 4464 Ralston Dr, Duluth, MN 55811 , 218-722-8634 , is hereby designated to act as Contracting Officer's Representative (COR) undercontract number TBD , for the period of Effective of award-sixty-six months from EDOA (specify the performance period of the contract that the designation covers).

(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or another representative designated in writing by the Contracting Officer. The term “technical direction” includes, without limitation, the following:

(i) Receiving all deliverables;

(ii) Inspecting and accepting the supplies or services provided in accordance with the terms and conditions of this contract;

(iii) Clarifying, directing, or redirecting the contract effort, including shifting work between work areas and locations, filling in details, or otherwise serving to accomplish the contractual statement of work to ensure the work is accomplished satisfactorily;

(iv) Evaluating performance of the Contractor; and

(v) Certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COR does not have the authority to issue direction that:

(i) Constitutes a change of assignment or work outside the contract specification/work statement/scope of work.

(ii) Constitutes a change as defined in the clause entitled “Changes” or other similar contract term.

(iii) Causes, in any manner, an increase or decrease in the contract price or the time required for contract performance;

(iv) Causes, in any manner, any change in a term, condition, or specification or the work statement/scope of work of the contract;

(v) Causes, in any manner, any change or commitment that affects price, quality, quantity, delivery, or other term or condition of the contract or that, in any way, directs the contractor or its subcontractors to operate in conflict with the contract terms and conditions;

(vi) Interferes with the contractor's right to perform under the terms and conditions of the contract;

(vii) Directs, supervises, or otherwise controls the actions of the Contractor's employees or a Subcontractor's employees.

(d) The Contractor shall proceed promptly with performance resulting from the technical direction of the COR. If, in the opinion of the Contractor, any direction by the COR or the designated representative falls outside the authority of (b) above and/or within the limitations of (c) above, the Contractor shall immediately notify the Contracting Officer.

(e) Failure of the Contractor and Contracting Officer to agree that technical direction is within the scope of the contract is a dispute that shall be subject to the “Disputes” clause and/or other similar contract term.

(f) COR authority is not re-delegable.

(End of Clause)

BOP 2852.237-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)

For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commitment, individuals or contractor employees providing services must have:

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

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

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[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 Federal Bureau of Prisons (BOP) staff to ensure contract compliance. The contractor's performance will be evaluated in accordance with FAR 42.15. Contract monitoring reports will be prepared by the Contacting Officer's Representative (COR) and maintained in the contract file.

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

(End of Clause)

DOJ-01 Whistleblower Information Distribution (Oct 2021)

Within 30 days of contract award, the contractor and its subcontractors must distribute the “Whistleblower Information for Employees of DOJ Contractors, Subcontractors, Grantees, or Sub-Grantees or Personal Services Contractors” (“Whistleblower Information”) document to their employees performing work in support of the products and services delivered under this contract (https://oig.justice.gov/sites/default/files/2020-04/NDAA-brochure.pdf). By agreeing to the terms and conditions of this contract, the prime contractor acknowledges receipt of this requirement, in accordance with 41 U.S.C. § 4712 and FAR 3.908 & 52.203-17, and commits to distribution.