RFQ119-0009-8.pdf

SOLICITATION/CONTRACT FORM

[INSERT SF 1449 FORM HERE]

SECTION: A

Page: 1

Section A.1.1

STATEMENT OF WORK

Vocational Training Programs BUSINESS TECHNOLOGY

Federal Correctional Institution Gilmer, Glenville, West Virginia

Section A. Introduction:

The Federal Correctional Institution Gilmer in Glenville, West Virginia intends to make a single award to a post secondary education institution to provide Business Technology Vocational Training Instructor(s) for on site instruction to the inmate population at FCI Gilmer, located in Glenville, West Virginia.

The purpose of these classes is to train students with marketable skills to prepare them for careers in the work force and to provide needed skills for existing work details within the institution.

Section B. Background:

The Bureau of Prisons has a requirement to offer inmates opportunities for improvement of their education levels and work-place skills while incarcerated.

Section C. Schedule:

Performance will normally consist of approximately 1560 sessions per year. A session is defined as one (1) hour in length. The schedule will consist of a minimum of 25 classes being offered during the year. Each class will normally consist of a minimum of three session, twice a week, Monday through Friday, excluding Federal holidays. Each class will be approximately eight weeks in length. Classes will be scheduled between the hours of (7:30 a.m. to 10:30 a.m., 12:30 p.m to 3:30 p.m., and 5:30 p.m. to 8:30 p.m.). The scheduled hours will be mutually agreed upon by the Federal Government and the contractor; however, the total number of hours performed by the contractor is not expected to exceed 30 hours per week. This schedule is subject to variation, and the COTR will be responsible for defining each weekly schedule.

In the event of fog or other security issues, classes may be delayed and/or cancelled as necessary, if cancelled, the contractor will be paid for two (2) hours.

The Contractor must be able to implement programs within 30 days of award.

Section D. Supplies:

All supplies that the Contractor may routinely need will be provided by FCI Gilmer. These supplies normally include the proper material required to operate a VOCATIONAL TRAINING facility. The Contractor will suggest what material they need for proper operation to the COTR and/or the Supervisor of Education. All materials will remain the property of FCI Gilmer. The Contractor shall be responsible for the issuance and the accountability of expendable materials such as text books, workbooks, etc., and insuring that materials issued to inmates are used for the intended purpose.

The Contractor and/or their instructor(s) will not bring any equipment, tools, instructional material, or class supplies into the institution without prior approval of the Supervisor of Education.

Section E. Method of Performance:

The services provided, being professional in nature, will be provided in the method as considered normal in the local community. These services, although not directly supervised, will be reviewed by the Supervisor of

Page: 2

Education or their designee. The performance of these services will also be verified by the designated Contracting Officer.

Section F. Scope of Work/Service:

Each class will have approximately 15-25 students enrolled and should always have a minimum of 15 students enrolled

The incumbent (hereafter referred to as the Contractor) must be able to develop a curriculum which is approved by the Supervisor of Education or designee. The program is flexible in its design to meet the needs of students with academic levels ranging from high school graduate to an occasional college student.

The Contractor will select and use a wide variety of instructional materials based on program requirements, student needs, and abilities. The Contractor will make modifications in some of the modules of the curriculum, materials, and or teaching techniques when students are experiencing difficulties. An original curriculum will be written when commercial materials are inappropriate or not available. The use of computers and/or online instruction will not be applicable.

The Contractor is responsible for the maintenance of attendance records, statistical and certification records for all students to ensure proper student placement and advancement. He/she submits requests for budget items and program reports to the Supervisor of Education and is responsible for the maintenance and storing of materials and equipment assigned. The Contractor will manage disruptive students' behavior through intensive counseling, behavior modification, motivational systems, and other proven successful techniques.

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

When contract employees report to the institution but are unable to perform services due to such delays, the contractor will be paid for two (2) sessions. Normally, any remaining sessions for that day will be suspended and the contractor will be free to leave and the contractor will not be paid for 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.

Business Technology: Graduates of this program will be prepared to seek employment in a variety of entry-level business positions such as accounting clerk, bookkeeper, office manager, supervisor, and assistant manager.

Subject matter will correspond to an existing Associate Degree Program in Business. Specific instruction will utilize pre-existing text books and shall include but not be limited to:

(1) Basic college-entry Math, English, and Reading

(2) Principles of Accounting I

(3) Principles of Accounting II

(4) Human Resource Management

(5) Applied Business Communications

(6) Quantitative Business Analysis I

(7) Business Law I

(8) Dimensions in Professional Development

(9) Introduction to Public Speaking

(10) Management Information Systems

(11) Principles of Management

(12) Small Business Management

(13) Principles of Marketing

(14) Principles of Selling

Page: 3

Section G. Special Qualifications Required:

The bidder must meet the following requirements and provide documentation, if applicable:

The contractor must be accredited by The Higher Learning Commission and be a member of the North Central Association of Colleges.

The contractor must be a member of the American Association of State Colleges and Universities, American Association of Colleges for Teacher Education, and the American Council on Education.

Teacher Education programs will be accredited by the National Council for Accreditation of Teacher Education (NCTAE).

Individual instructors must be within a 100 mile radius of FCI Gilmer in Glenville, West Virginia and have documented prior college-level instruction experience.

College/Transferable credit hours will be awarded upon completion of each course within the Business Technology program.

Agree to accept previously earned college credit hours toward completion of an Associate Degree in Business.

Section H. Inmate Management:

Provisions of services under this contract will require frequent and unsupervised contact with inmates. The Contractor will not be responsible for the management of inmates other than to ensure that those inmates involved in activities within the Contractor's scope of work will abide by all rules in effect to ensure their safety and well being.

Section I. Institution Security/Requirements:

The Contractor agrees to adhere to all regulations prescribed by the institution for safety, custody, and conduct of inmates. The Contractor will attend an orientation program at its earliest offering and refresher orientation annually.

Knowledge of current Bureau of Prisons policies and procedures is essential for effective performance of this service.

The Human Resources Department will establish a security file that will be maintained on each Contractor and their employees from the beginning of work until completion of the contract. The following information will be maintained:

National Crime Information Center Check (NCIC) DOJ-99 (Name Check) FD-258 (Fingerprint Check) Law Enforcement Agency checks Vouchering of Employers for the past five years OF-612 Optional Application for Federal Employment OPM-329-A Authority for Release of Information OF-306 Declaration for Federal Employment BP-S-159(30) Contractor Pre-Employment Form

Each prospective instructor is advised that a urinalysis is required (for detection of drug usage) before the

Page: 4 contract is awarded. The government will review the qualifications of individual instructors after contract award and will deny access into the institution to those who do not meet the specified requirements.

Section J. Miscellaneous Information:

This is a contractual agreement and not an appointment. All duties outlined in this Statement of Work will be performed in accordance with standards and methods generally accepted with the contractor's own field of expertise. Any infractions of institution rules and regulations on the part of any inmate shall be reported to the nearest staff member. The Contractor will report emergencies or extraordinary problems immediately and follow up with a written statement of the event.

Due to the sensitive nature of the correctional environment, the Contractors are expected to be prompt in reporting to work, in order to support the inmate accountability policy. The Contractor agrees to abide by the rules and procedures of the Federal Correctional Institution Gilmer, Glenville, West Virginia, and all applicable federal, state, and local laws and regulations in effect during the term of this contract. The manner and method in performing the task outlined in the statement of work are the sole responsibility of the contractor as approved by the Supervisor of Education or their designee. The Contractor shall perform in accordance with professional standards and methods normally accepted within the local community and the guidelines referenced above.

In order to ensure proper preparation of the monthly payment voucher, all sessions worked must be documented by the Contractor showing the sessions worked during each visit. Documentation shall be on a Log of Consultant's Visit.

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 on contract time or as a consideration of the contract.

The Contractor will provide accurate monthly and quarterly reports concerning class progress. Contractor will be responsible for informing the Contracting Officer’s Technical Representative of any discrepancies and problems within their immediate area of responsibility. The Contractor will maintain accurate tool accountability.

Section K. Evaluation Factors

The following shall be used to evaluate offers:

• price

• ability to meet the specific requirements of Section G. Special Instructor Qualifications Required, or technical excellence

• past performance and ability to fulfill other FBOP contracts.

• the level of individual instructor(s) qualifications (Bachelor-level versus Doctorate-level professors) .

All evaluation factors other than cost or price, when combined, are significantly more important than cost or price.

Section L. Anticipated Period of Performance/Estimate for Services:

There will be no more than 1560 sessions during the annual contract. A session is defined as one hour of block instruction spanning from date of award through one year.

A.2.1 Schedule of Items/Contract Pricing

Page: 5

The quoter shall complete the following information for the base year. Contract pricing shall include all charges to the Government for performing the services required by this solicitation/contract. The Government reserves the right to award without discussion. Therefore, the initial quote should contain the quoter’s best terms form a const or price standpoint.

Services are required to be provided in accordance with the Statement of Work (SOW) included in Section A.1.1.

The quoter is required to submit a completed copy of the Schedule of Items located in section A.2.2. Any resulting contract shall be an indefinite delivery/requirements contract. As such, quantities listed are estimates only and 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.

A.2.2 SCHEDULE OF ITEMS

BASE YEAR: Effective Date of Award (EDOA) - 12 months from EDOA

Est. 1560 sessions x /sess = _ Estimated Maximum

A.1 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (FEB 2007)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price.

If repair/replacement or reperformance will not correct the defeats or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights--

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C.

601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

Page: 6

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

Page: 7

(2) Prompt payment. 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.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall immediately notify the Contracting Officer and request instructions for disposition of the overpayment.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

Page: 8

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.

1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws.

Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

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

(2) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims

Page: 9

(see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

[End of Clause]

A.2 ADDENDUM TO FAR 52.212-4, CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS

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.

The following clauses are incorporated by reference, pursuant to FAR 52.252-2:

52.204-4 AUG 2000 PRINTED OR COPIED DOUBLED-SIDED ON RECYCLED

PAPER

52.204-9 SEP 2007 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

52.223-5 AUG 2003 POLLUTION PREVENTION AND RIGHT-TO-KNOW

INFORMATION

52.224-1 APR 1984 PRIVACY ACT NOTIFICATION

52.224-2 APR 1984 PRIVACY ACT

52.228-5 JAN 1997 INSURANCE - WORK ON A GOVERNMENT INSTALLATION

52.232-18 APR 1984 AVAILABILITY OF FUNDS

52.237-2 APR 1984 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT,

AND VEGETATION

52.253-1 JAN 1991 COMPUTER GENERATED FORMS

The following clauses are incorporated into this solicitation/contract by full text as follows:

A.3 52.216-18 ORDERING (OCT 1995)

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

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

[End of Clause]

Page: 10

A.4 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 1 session, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $30,000.00;

(2) Any order for a combination of items in excess of $30,000.00; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (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 2 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]

A.5 52.216-21 REQUIREMENTS (OCT 1995) Alternate I (APR 1984)

(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) The estimated quantities are not the total requirements of the Government activity specified in the Schedule, but are estimates of requirements in excess of the quantities that the activity may itself furnish within its own capabilities. Except as this contract otherwise provides, the Government shall order from the Contractor all of that activity's requirements for supplies and services specified in the Schedule that exceed the quantities that the activity may itself furnish within its own capabilities.

(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

Page: 11 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]

A.6 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.

[End of Clause]

A.7 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 the last day of the effective 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 4 years.

[End of Clause]

A.8 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. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30 of the base year, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

[End of Clause]

Page: 12

A.9 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR) (JAR 2852.201-70) (JAN 1985)

(a) Andy Clem of FCI Gilmer, Education Department, 201 FCI Lane, Glenville, WV 26351, is hereby designated to act as Contracting Officer's Technical Representative (COTR) under this contract.

(b) The COTR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract;

providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

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

[End of Clause]

A.10 DEPARTMENT OF JUSTICE (DOJ) RESIDENCY REQUIREMENT - BUREAU OF PRISONS CLAUSE

(JUN 2004)

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

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

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

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

If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current information regarding allied countries: http://www.opm.gov/employ/html/citizen.htm

By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.

[End of Clause]

A.11 NOTICE OF CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (OCT 2005)

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

(1) Long-Term Contractor Personnel:

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

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

Page: 13

(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; (See Note iii)

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

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

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

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

(e) Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges issued under these procedures will be suspended or revoked.

(2) Short-Term Contractor Personnel:

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

(a) Favorable review of the security questionnaire form;

(b) Favorable fingerprint results;

(c) Favorable credit report, if required; (See Note v) and

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

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

For example, if a contractor employee requires daily access for a three or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a second request is submitted for the same contractor employee within a twelve-month period for the purpose of

Page: 14 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:

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

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

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

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

Page: 15

A.12 UNSAFE CONDITIONS DUE TO THE PRESENCE OF HAZARDOUS MATERIAL (JAR 2852.223-70)

(JUN 1996)

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

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

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

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

(3) working days thereafter) of the existence of an unsafe condition. Such notice shall include the contractor's recommendations for the protection and the safety of Government, contractor and subcontractor personnel and property that may be exposed to the unsafe condition.

(e) When the Government receives notice of an unsafe condition from the contractor, the parties will agree on a course of action to mitigate the effects of that condition and, if necessary, the contract will be amended. Failure to agree on a course of action will constitute a dispute under the Disputes clause of this contract.

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

[End of Clause]

A.13 SECURITY OF PERSONAL DATA (DEC 2006)

The work to be performed under this contract requires the exchange of personal data between the contractor and the Bureau. The contractor, by acceptance of or performance on this contract, certifies that it has a security policy in place which contains procedures to promptly notify any individual whose personal information was, or is reasonably believed to have been, lost or acquired by an unauthorized person (subject to the exception below).

In any case in which the data that was lost or improperly acquired originated with the Bureau, was acquired or managed for the Bureau, or reflects sensitive law enforcement or national security interest in the data, the contractor shall notify the Bureau contracting officer so that the Bureau may determine whether notification would impede a law enforcement investigation or jeopardize national security. In such cases, the contractor shall not notify the individual(s) until it receives further instruction from the Bureau.

[End of Clause]

Page: 16

[END OF ADDENDUM TO FAR 52.212-4]

A.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEC 2007)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.233-3, Protest after Award (AUG 1996) (31 U.S.C. 3553).

(2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.]

XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.219-3, Notice of Total HUBZone Set-Aside (JAN 1999) (15 U.S.C. 657a).

__ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.

657a).

__ (4) [Reserved]

XX (5) (i) 52.219-6, Notice of Total Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

__ (ii) Alternate I (OCT 1995) of 52.219-6

__ (iii) Alternate II (MAR 2004) of 52.219-6

__ (6) (i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

__ (ii) Alternate I (OCT 1995) of 52.219-7

__ (iii) Alternate II (MAR 2004) of 52.219-7

XX (7) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637(d)(2) and (3)).

__ (8) (i) 52.219-9, Small Business Subcontracting Plan (NOV 2007) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (OCT 2001) of 52.219-9

__ (iii) Alternate II (OCT 2001) of 52.219-9

XX (9) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

__ (10) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (11) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (SEP 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (JUN 2003) of 52.219-23.

__ (12) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (OCT 1999) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

Page: 17

__ (13) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004) (15 U.S.C. 657 f).

XX (15) 52.219-28, Post-Award Small Business Program Rerepresentation (JUN 2007) (15 U.S.C.

632(a)(2)).

XX (16) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

__ (17) 52.222-19, Child Labor--Cooperation with Authorities and Remedies…