RFQ 50507-012-08.pdf

U.S. Department of Justice Federal Bureau of Prisons

Federal Medical Center "J" Street, P.O. Box 27066 Fort Worth, Texas 76127

June 6, 2008

RE: RFQ 50507-012-08, National Personal Fitness Trainer (NFPT) Program

Dear Quater:

Following is a solicitation package prepared by the Federal Bureau of Prisons for the provision of, National Personal Fitness Trainer Program for the female inmates at the Federal Medical Center - Carswell in Fort Worth, Texas. This solicitation contains all the necessary information for submitti~g a quote for evaluation.

When submitting quotes, quoters should consider all information provided in the solicitation. Plea~e carefully follow all instructions located in the solicitation package concerning the content, format, ahd submission of quotes.

All potential quoters are advised they will be required to register in the Central Contractor Registration (CCR) database and provide a Data Universal Number System (DUNS) number in their quotations.

Failure to complete the registration procedures outlined in this solicitation may result in elimination from consideration for award. You are also required to complete On-line Representations and Certifications at http://orca.bpn.aov. Once you complete the ORCA requirement, you do not need to submit 52.212-3, Offeror Representations and Certifications with your quote, only submit paragraph (I).

Sealed quotes shall be received on or before the deadline of June 23,2008, at 2:00 p.m. CST. Quotes shall be submitted to the following address:

Federal Medical Center, (;arswell P.O. Box 27066 J Street, Building 3000 Fort Worth, Texas 76127 Attn: Kristi Sambrookes, Contract Specialist

Mailed and hand carried quotes must be delivered to the address shown above no later than the time specified as the deadline for receipt of quotes. Quoters wishing to hand carry quotes must provide written notification to the contracting officer no less than 24 hours in advance so arrangements may be made with base security personnel. The official point of receipt for hand-carried quotes will be the Front Lobby Officer in the Lobby at FMC Carswell. Quotes received after the deadline will be handled in accorcilance with FAR 52.212-1 (t).

Please place any questions you may have in writing. All questions received will be considered and responses will be provided when appropriate. Should you have any concerns, feel free to contact! me at 817-782-4126 or bye-mail at ksambrookes@boD.aov incerel I

.~<~~~~.oJ ~ ~o 'c;:w Kristi ambrookes Supervisory Contract Specialist FMC Carswell

OMB No:

Expiration ~ 1103-0018

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

0393-08 PAGEl OF PAGES

I 39

2. CONTRACT NO. AWARD/EFF. DATE ORDER NUMBER 5. SOLICITATION NUMBER

50507-012-08

6.: SOLICITATION

ISSUE DATE

06/06/2008

7. FOR SOLICITATION

INFORMATION CALL:

TELEPHONE NUMBER (No colfect calfs)

I817-782-4126

e. I OFFER DUE DATE!

LOCAL TIME

06/23/2008 i I 2:00 pm CST

I

a. NAME

Kristi Sambrookes

9. ISSUED BY CODE I 50507

% FOR:

Federal Bureau of Prisons Federal Medical Center -Carswell J Street, Building 3000 P. O. Box 27066 Fort Worth

10. THIS ACQUISITION IS~x UNRESTRICTED OR

SET ASIDE: 0.-

I SMALL BUSINESS 0 EMERGING SMALL BUSINESS

I HUBZONE SMALL BUSINESS 0 8(A)

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS

NAICS: 611310

SIZE STANDARD:

TX 76127

D SEE SCHEDULE

12.

DISCOUNT TERMS 0 138. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

14. METHOD OF SOLICITATION

~ RFO D IFB D RFP13b. RATING

DELIVERY DATE 16. ADMINISTERED BY CODE

Federal Bureau of Prisons

Federal Medical Center -Carswell

J Street, Building 3000

P. O. Box 27066

Fort Worth

15. DELIVER TO ~CODE I

Federal Medical Center -Carswell

FOR:

J Street, Building 3000

P. O. Box 27066

Fort Worth TX 76127 TX 761127 17a. CONTRACTOR/ CODE

OFFEROR

FACILITY I

CODE

TIN NO.

18a. PAYMENT WILL BE MADE BY CODE

Federal Medical Center -Carswell

Attn: Accounting

J Street, Building 3000

P. o. Box 27066 Fort Worth TX 76127PHONE FAX:

D17b. CHECK IF REMITTANCE IS DIFFERENT ANDPU-T SUCH ADDRESS

IN OFFER.

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

BLOCK B~OW IS CHECKED. I I SEE ADDENDUM

ITEM NO

--21. I 22. I 23

QUANTITY .I UNIT I UNIT PRICE

AMOUNT

20.

i SCHEDULE OF SUPPLIES/SERVICES!!Provide

National Personal Fitness Trainer (NFPT) Program A.l Statement of Work/Specification A.2 Schedule of Items/Contract Pricing

25. ACCOUNTING AND APPROPRIATION DATA

Funds to be Obligated by Individual Task Orders

126.

TOTALAWARDAMOUNT (FdrGovtU~OnlY) i x I 278. SOLICITATION INCORPORATES BY REFERENCE FAR 52212-1,52.2124. FAR 52.212-3 AND 52.212-5 ARE ATTACHED.

ADDENDA ~ ARE 0 ARE NOT ATTACHED.

0 27b CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.2124. FAR 52.212-518 ATTACHED

ADDENDA 0 ARE 0 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

OTHER~SE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN

29 AWARD DF CONTRACT: REF. OFFER DATED

.YOUR OFFER ON SOLICITATION (BLOCK 5). INCLUDING

ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN. IS ACCEPTED AS TO

ITEMS:

3OA. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

3Ob NAME AND TITLE OF SIGNER (TYPE OR PRIN7J 31c. D.A/TE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449: (REV. 3/2005)

Prescribed by GSA -FAR (48 CFR) 53.212

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SECTION: A

A.1 STATEMENT OF WORK

Introduction

The Federal Bureau of Prisons, Federal Medical Center, Carswell, Fort Worth, Texas, intends to make a single award of a firm fixed price requirements type contract to a responsible entity (post-secondary educational institution) for the provision of a National Personal Fitness Trainer (NFPT) Program as prescribed in the Description of Duties below for the inmate population.

Place of Performance

Services will be performed at the Federal Medical Center -Carswell located at "J" Street, Building 3000, Fort Worth, Texas 76127. Services will also be performed at the Satellite Camp.

Supplies/Equipment

Classroom equipment, books, and related supplies will be provided by the Federal Medical Center Carswell. All records will remain the property of the facility.

Description of Duties

The Bureau of Prisons has a requirement to offer inmates opportunities for improvement of their educational levels and workplace skills while incarcerated. The contractor will provide a National Personal Fitness Trainer Program to the inmates. The class must be accredited by the Southern Association on Colleges and Schools. The contractor will be required to provide vocational instruction in Human Anatomy, Human Physiology, Exercise Physiology, Client Goals and Exercise Program, Understanding Wellness, and Professional and Legal Practices. At the end of the instructional period, students should be prepared to take and pass the certification exam offered by the National Federation of Professional Trainers. The contractor will also be required to maintain class attendance, students' progress in class and monthly performance evaluations. It is anticipated there will be approximately 96 two (2) hour sessions during the period of one (1) year. Live work of benefit to the institution will comprise 20% to 40% of the available class time and will include assisting the students in presenting an "Inmate Health Fair" at the end of each semester class. The contractor shall be responsible for providing all necessary personnel for each scheduled session. In cases where contract personnel are not able to attend a scheduled session, the contractor shall provide an equally qualified replacement.

Special Qualifications Required

The contractor shall provide documentation that it is an accredited college or university, with all state lic~nses and/or certifications. Course curriculums will be provided as requested.

Inmate Management

The contractor agrees to adhere to all regulations prescribed by the institution for the safety, custody and conduct of inmates. The contractor will report absences and infractions of institution policy or test security to the Supervisor of Recreation. The contractor will maintain a professional relationship with the inmates at all times. Any violation of the institutional rules and regulations are to be brought to the attention of an appointed government employee in order for prompt and proper action.

Restrictions on Contract Workers

Page: 2

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; or attend meetings, staff recalls or staff functions.

Payment Terms

The contractor may offer discount payment terms in Block 12 on the SF-1449 form. Half sessions will not be authorized for payment.

A.2 SCHEDULE OF ITEMS/CONTRACT PRICING

Services are required to be provided by the contractor in accordance with the Statement of Work included in section A.1. Contract pricing for these services shall be based on a per session rate. A session is defined as a two (2) hour period. The contract will consist of performance of an estimated five (5) sessions (10 hours) per week. The sessions will be conducted between the hours of 7:30 am and 8:00 pm Monday through Saturday, excluding Federal holidays.

The specific work days and hours shall be mutually agreed upon by the Supervisor of Recreation and the contractor and can be subject to change as the needs of the institution may vary. Due to the nature of the correctional setting, delays in the 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. The contractor shall allow time to process in and out of the institution. This process may take up to 30 minutes. Time spent processing into and out of FMC, Carswell should be reflected in the price quoted.

The estimate is not a representation to an offeror or contractor that the estimated quantity will be required or ordered or that conditions affecting requirements will be normal or stable.

PLEASE COMPLETE THE FOllOWING INFORMATION WHEN PREPARING YOUR QUOTE FOR THE BASE

YEAR AND TWO OPTION YEARS

Estimated Maximum

OPTION YEAR 2: 25 through 36 months after Effective Date of Award 96 two (2) hour Sessions @ $ per session = $ Estimated Maximum

Total Quote for the Base Year and Two Option Years: $

Page: 3

CONTRACT CLAUSES

A.3 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):

http://www.arnet.gov/far

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER DATE TITLE

52.212-4 FEB 2007 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL

ITEMS

A.4 ADDENDUM TO FAR 52.212-4, CONTRACT TERMS t~ND 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:

52.204-9 SEP 2007 PERSONAL IDENTITY VERIFICATION OF CONTRAC OR

PERSONNEL

52.217-8 NOV 1999 OPTION TO EXTEND SERVICES

52.217-9 MAR 2000 OPTION TO EXTEND THE TERM OF THE CONTRAC

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

52.232-19 APR 1984 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

52.237-2 APR 1984 PROTECTION OF GOVERNMENT BUilDINGS, EQUIPMENT, AND VEGETATION

52.249-1 APR 1984 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT

(FIXED-PRICE) (SHORT FORM)

52.253-1 JAN 1991 COMPUTER GENERATED FORMS

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

A.5 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 first day of the effective performance period 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. llil the event of conflict between a delivery order or task order and this contract, the contract shall control.

Page: 4

(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]

A.6 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contr~ct in an amount of less than five (5) two-hour sessions per week, 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 identified in the Schedule of Items in within the current performance period;

(2) Any order for a combination of items in excess of the estimated quantities identified in the Schedule of Items within the current performance period; or

(3) A series of orders from the same ordering office within thirty (30) 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 anyone 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 five (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]

A.7 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.

Page: 5

(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 performance period.

[End of Clause]

A.8 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION.

Employee Class Monetary Wage Fringe Benefits

15090 $22.61 $3.24

A.9 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

Page: 6 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.10 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR) (JAR 2852.201-70) (JAN 1985)

(a) Leah Parrish, Supervisor of Education of Federal Medical Center, Carswell, 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. I

(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] 1

A.11 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.); I

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/htmi/citizen.htm

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

[End of Clause]

A.12 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: I"

Page: 7

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 (B') 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 1-9, OMB No. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture ID); I

(b) Contractor Personnel must appear in person at least once before a DOJ official who ils 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 I vestigation

(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 1 a. and 1 b. 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

Page: 8 in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PIV-I identity proofing process.

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

(3) Intermittent Contractors:

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

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

(b) Contractors requiring intermittent access should follow the Department's escort policy. Please reference the August 11, 2004, and January 29, 2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted access.

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

(d) If an intermittent contractor is approved for un escorted 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 un escorted access, the approval will not exceed one year. If the intermittent contractor requires un escorted 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 81 meeting HSPD..12 and DOJ's 81 requirements.

(5) The DOJ's current escorted contractor policy remains unchanged by this acquisition noticef

NOTES:

ii

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

Under ~SPD-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.

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: 9 iv v

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 "8" of the "Agency Use Only" section of the investigative form. This report is available for all case types.

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.

A.13 CONTRACT SECURITY (3000-02 HUMAN RESOURCIE MANAGEMENT M)~NUAL)

The purpose is to establish security and supervision requirements for contract and consultant personnel involved in the delivery of services to Bureau of Prisons facilities.

The following investigative procedures will be applied and appropriate forms completed before an individual is permitted inside an institution.

Responsibilities of Personnel Security Officer

National Crime Information Center (NCIC) Check Name Check

Responsibilities of Program Manager

FD-258 Fingerprint Check Law Enforcement Agency Checks Vouchering of employers over the past five years Completed OF-306, Declaration for Federal Employment, and

Appropriate Resume or Optional Application Completed Contractor Pre-employment Form Release of Information Urinalysis -If the test is positive the contractor will be disqualified from being award the contract.

A.14 SECURITY OF SYSTEMS AND DATA, INCLUDING PERSONAllY IDENTIFIABLE INFORMATION

(MAR 2008)

a. Systems Security:

The work to be performed under this contract requires the handling of data that originated within the Department, data that the contractor manages or acquires for the Department, and/or data that is acquired in order to perform the contract and concerns Department programs or personnel.

For all systems handling such data, the contractor shall comply with all security requirements applicable to Department of Justice Systems, including by not limited to all Executive Branch system security requirements (e.g., requirements imposed by OMB and NIST), DOJ IT Security Standards and DOJ Order 2640.2E. The contractor shall provide DOJ access to and information regarding the contractor's systems when requested by the Department in connection with its efforts to ensure compliance with all such security requirements, and shall otherwise cooperate with the Department in such efforts. DOJ access shall include independent validation testing of controls, system penetration testing by DOJ, FISMA data reviews, and access by the DOJ Office of the Inspector General for its reviews.

Page: 10

The use of contractor-owned laptops or other media storage devices to process of store da~a covered by this clause is prohibited until the contractor provides a letter to the Contracting Officer (dO) certifying the following requirements:

1. Laptops must employ encryption using a NIST Federal Information Processing Standard (FIPS) 140-2 approved product;

2. The contractor must develop and implement a process to ensure that security and other applications software is kept up-to-date;

3. Mobile computing devices will utilize anti-viral software and a host-based firewall mechanism;

4. The contractor shall log all computer-readable data extracts from databases holding sensitive information and verify each extract including sensitive data has been erased within 90 days or its use is still required. All DOJ information is sensitive information unless designated as non-sensitive by the Department;

5. Contractor-owned removable media, such as removable hard drives, flash drives, CDs, and floppy disks, containing DJB data, shall not be removed from DOJ facilities unless encrypted using a NIST FIPS 140-2 approved product;

6. When no longer needed, all removable media and laptop hard drives shall be processed (sanitized, degaussed, or destroyed) in accordance with security requirements applicable to DOJ;

7. Contracting firms shall keep an accurate inventory of devices used on DOJ contracts; I

8. Rules of behavior must be signed by users. These rules shall address at a minimum: authorized and official use; prohibition against unauthorized users; and protection of sensitive data and personally identifiable information.

9. All DOJ data will be removed from contractor-owned laptops upon termination of contractor work.

This removal must be accomplished in accordance with DOJ IT Security Standard requirements.

Certification of data removal will be performed by the Contractor's project manager and a letter confirming certification will be delivered to the CO within 15 days of termination of contractor work.

b. Data Security:

By acceptance of, or performance on, this contract, the contractor agrees that with respect to the data identified in paragraph a, in the event of any actual or suspected breach of such data (i.e., loss of control, compromise, unauthorized disclosure, access for an unauthorized purpose, or other unauthorized access, whether physical or electronic), the contractor will immediately (and in no event later than within one hour of discovery) report the breach to the DOJ CO and the contracting officer's technical representative (COTR).

If the data breach occurs outside of regular business hours and/or neither the CO or the COTR can be reached, the contractor shall call the DOJ Computer Emergency Readiness Team (DOJCERT) at 1-866-US4-CERT (1-866-874-2378) within one hour of discovery of the breach. The contra~tor shall also notify the CO as soon as possible during regular business hours.

c. Personally Identifiable Information Notification Requirement:

The contractor further certifies that it has a security policy in place that contains procedures to promptly notify any individual whose personally identifiable information (as defined by OMB) was, or is reasonably believed to have been, breached. Any notification shall be coordinated with the Department, and shall not proceed until the Department has made a determination that notification would not impede a law enforcement investigation or jeopardize national security. The method and content of any notification by the contractor shall be coordinated with, and be subject to the approval, of the Department. The contractor assumes full responsibility for taking corrective action consistent with the Department's Data Breach Notification Procedures, which may include offering credit monitoring when appropriate.

d. Pass-through of Security Requirements to Subcontractors (MAR 2008)

Page: 11

The requirements set forth in Paragraphs a through c above, apply to all subcontractors who perform work in connection with this contract. For each subcontractor, the contractor must certify that it has required the subcontractor to adhere to all such requirements. Any breach by a subcontractor of any of the provisions set forth in this clause will be attributed to the contractor.

[End of Clause] j

[END OF ADDENDUM TO FAR 52.212-4]

A.15 52.212-5 CONTRACT TERMS AND CONDITIONS RE(~UIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY ~~OO8)

(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.]

-(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.

-(4) ~:::~rved] .,.1:

-(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

-(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 (APR 2008) (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

-(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. 63V(d)(4)(F)(i)).

Page: 12

-(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 (APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

-(13) 52.219-26, Small Disadvantaged Business Participation Program--lncentive SubJontracting (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». I

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

-(17) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2008) fE.O. 13126).

XX (18) 52.222-21, Prohibition of Segregated Facilities (FEB 1999). l.

XX (19) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). j

~ (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vie~nam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

XX (21) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.cJ 793).

-(22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

~ (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).

XX (24) (i) 52.222-50, Combating Trafficking in Persons (AUG 2007) (Applies to all contracts).

-(ii) Alternate I (AUG 2007) of 52.222-50.

-(25) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii».

-(ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C». I

-(26) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

-(27) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personial Computer Products (DEC 2007) (E.O. 13423).

-(ii) Alternate I (DEC 2007) of 52.223-16 j

-(28) 52.225-1, Buy American Act--Supplies (JUN 2003) (41 U.S.C. 10a-10d).

-(29) (i) 52.225-3, Buy American Act--Free Trade Agreements--lsraeli Trade Act (AUG 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286,109-53 and 109-169).

-(ii) Alternate I (JAN 2004) of 52.225-3. j

-(iii) Alternate II (JAN 2004) of 52.225-3.

-(30) 52.225-5, Trade Agreements (NOV 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (31) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

Page: 13

-(32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

.(33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

XX (34) 52.232-29, Terms of Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C.

255(f); 10 U.S.C. 2307(f)).

XX (35) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

XX (36) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).

-(37) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration

(MAY 1999) (31 U.S.C. 3332).

-(38) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332).

-(39) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

-(40) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

-(ii) Alternate I (APR 2003) of 52.247-64. I

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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) 52.222-41, Service Contract Act of 1965, (NOV 2007) (41 U.S.C. 351, et seq.). i

XX (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 u.s.t. 206 and 41 U.S.C. 351, et seq.).

XX (3) 52.222-43, Fair labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (NOV 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

-(4) 52.222-44, Fair labor Standards Act and Service Contract Act--Price Adjustment (FEB 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

-(5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (NOV 2007) (41 U.S.C. 351, et seq.).

-(6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (NOV 2007) (41 U.S.C. 351, et seq.).

-(7) 52.237-11, Accepting and Dispensing of $1 Coin (AUG 2007) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the

Page: 14 records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637(d)(2) and (3», in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ii) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees

(DEC 2004) (E.O. 13201).

(vi) 52.222-41, Service Contract Act of 1965, (NOV 2007) (41 U.S.C. 351, et seq.).

(vii) 52.222-50, Combating Trafficking in Persons (AUG 2007) (22 U.S.C. 71 04(g». Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.

(viii) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (NOV 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (NOV 2007) (41 U.S.C. 351 et seq.).

(x) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

[End of Clause]

Page: 15

CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHME~~TS

ATTACHMENT

FEDERAL BUREAU OF PRISONS SERVICE CONTRACT BUSINESS MANAGEMENT

QUESTIONNAIRE

Page: 16

FEDERAL BUREAU OF PRISONS SERVICE CONTRACT BUSINESS MANAGEMENT QUESTIONNAIRE

Purpose:

The policy of the Federal Bureau of Prisons in acquiring services is to encourage firms lawfully engaged in the practice of performing Government required services to submit a statement of qualifications and performance data.

This questionnaire should only be submitted by a related services organization when requested to do so by the specific provisions of a solicitation, requested by the Contracting Officer, or public announcement.

This questionnaire may be used as a basis for selecting firms for discussions, or screening organizations preliminary to inviting submission of additional information.

Definitions: (a) "Principals" are those individuals in a firm who possess legal responsibility for its management. They may be officers, directors, owners, partners, and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of a subsidiary, division or business segment, and similar positions).

(b) "Parent Company" is that firm, company, corporation, association, or conglomerate which is the major stockholder or highest tier owner of the firm completing the questionnaire; (i.e. Firm A is owned by Firm B which is, in turn, a subsidiary of Corporation C. The "parent company" is Corporation C).

(c) "Joint Venture" is a collaborative undertaking by two or more firms or individuals for which the participants are both jointly and individually responsible:

"Consultant" as used in this questionnaire. is a highly specialized individual or firm having significant input and responsibility for certain aspects of a project and possessing unusual or unique capabilities for assuring success of the finished work.

"Specialists and Individual Consultants" as used in this questionnaire, refer to individuals who have major project responsibility, or will provide unusual or unique capabilities for the services under consideration.

(2) Discipline as used in this questionnaire, refers to the primary capability of individuals in the responding firm. Possession of an academic degree, professional registration, certification, or extensive experience in a particular field of practice normally reflects an individual's primary discipline.

(3) f.rl!!!.! refers to that firm which may be coordinating the concerted and complementary inputs of several firms, individuals or related services produce a completed task. The prime would normally be regarded as having full responsibility and liability for quality of performance by itself, as well as by subcontractor professionals under its jurisdiction.

(d)

(e)

Instructions for Filing. ALL INFORMATION SUBMITTED IN RESPONSE

TO THIS QUESTIONNAIRE SHALL BE CURRENT AND FACTUAL.

(Provide information responding to Items 1 through 5 as an attachment):

(1) Give name and location of the project for which this questionnaire is being submitted, Page: 17

(2) Type accurate and complete name of submitting individual, firm (or joint venture), address, and zip code. Include date of preparation. (Attach additional pages, if necessary.)

(2a) Include the name, title, and telephone number of not more than…