RFQP01061700027.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

RFQP01061700027A

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

07/03/2017

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME

Teresa Cooper t1cooper@bop.gov

b. TELEPHONE NUMBER (No collect calls)

(O) 972-352-4535 (F) 972-352-4546

8. OFFER DUE DATE / LOCAL

TIME

08/01/2017 12:00:00

CODE BFAO

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

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD: $20.5

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

15B106CODE15. DELIVER TO

Federal Bureau of Prisons FCC Butner

OLD NC HWY 75

Butner, NC 27509

CODE 15B10616. ADMINISTERED BY

Federal Bureau of Prisons FCC Butner

OLD NC HWY 75

Butner, NC 27509

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

BBUXCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCC Butner

PO BOX 999

BUTNER, NC 27509

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

OFFER SEE ADDENDUM

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

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Vocational Automotive Instructor

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

Teresa Cooper

31c. DATE SIGNED

06/29/2017

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

RFQP01061700027A Page 1 of 44

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

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

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

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

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

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

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

RFQP01061700027A Page 2 of 44

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2.2 Statement of Work

3 Contract Clauses

52.21-603-70 Contracting Officer's Representative (COR) (June 2012)

52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE

2004) 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

OR OTHER NATIONAL EMERGENCY (May 2008) 52.217-8 Option to Extend Services (Nov 1999) 52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984) 52.216-21 Requirements (Oct 1995) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995)

52.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR

2011)

2.3 DJAR-PGD-1503 – Security of Department Information and Systems (Apr 2015)

2.1 Information Technology Security DOJ 2640 2F (NOV 2008)

52.212--3 Offeror Representations and Certifications--Commercial Items (Jan 2017) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (Jan 2017)

4 List of Attachments 5 Solicitation Provisions

52.209-7 Information Regarding Responsibility Matters (Jul 2013) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

5.1 Tailoring

5.3 Business Management Questionnaire

52.233-2 Service of Protest (Sept 2006) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005)

4.1 Special Contract Conditions

7.1 DJAR-PGD-14-05 Contractor Notice Regarding DOJ Policy Statement 1200.02, Federal Workplace Responses to Domestic Violence, Sexual Assault, and Stalking (Dec 2014)

RFQP01061700027A Page 3 of 44

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Year: October 1, 2017 through September 30, 2018 1,080.000000 SS $____________ $___________________

0002 Option Year 1: October 1, 2018 through September 30,2019 1,080.000000 SS $____________ $___________________

0003 Option Year 2: October 1, 2019 through September 30, 2020 1,080.000000 SS $____________ $___________________

0004 Option Year 3: October 1, 2020 through September 30, 2021 1,080.000000 SS $____________ $___________________

0005 Option Year 4: October 1, 2021 through September 30, 2022 1,080.000000 SS $____________ $___________________

0006 In accordance with Far 52.217-8, the Government may exercise an option to extend the performance of services for up to six months.

This line item may be used anytime during the life of the contract, not to exceed six months.

540.000000 SS $____________ $___________________

2.2 Statement of Work

STATEMENT OF WORK

Automotive Instructors

Federal Correctional Complex, FCC Butner, NC

Section A. Introduction:

FCC Butner, NC intends to make a single award to a post secondary education institution (hereafter referred to as the Contractor) to provide one (1) Automotive Advanced Occupational Education Instructor for on-site instruction to the inmate population at FCC But-ner, NC.

The purpose of these classes is to train students with marketable skills to prepare them for careers in the work force.

Section B. Background:

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

Section C. Schedule:

Automotive

Each session will normally consist of thirty (30) days of six (6) hour blocks of instruction per day. These sessions will be offered dur-ing each Fiscal Year (October 1, to September 30) of the contract. Classes will meet between 7:30 a.m. and 10:30 a.m., between 12:30 p.m. and 3:30 p.m., and/or between 5:30 p.m. to 8:30 p.m. Neither the Contractor nor their employees will exceed 30 hours per week. This schedule is subject to change or modification as directed by the Supervisor of Education or his/her designee.

The Contractor will be required to provide instructors for the programs as they are currently planned. Individual programs are cur-rently planned to be offered within FCC Butner, NC as follows:

Six (6) sessions to be offered at the Federal Correctional Institution II (FCI II) per fiscal year. These sessions will be conducted begin-ning October 1 and concluding December 31 of each Fiscal Year of the contract. Each session will be expected to include no more than 180 hours.

RFQP01061700027A Page 4 of 44

In the event of fog or other security issues, classes may be delayed and/or canceled as necessary. The Contractor and/or employees will be notified as soon as possible when these situations arise. Additionally, there will be no classes held on Federal Holidays. To ensure the required hours of instruction are provided, the Contractor will be contacted to schedule make up classes. The Contractor must be able to implement programs within 30 days of award.

Section D. Supplies:

All supplies that the Contractor may routinely require will be provided by FCC Butner. These supplies normally include the proper material required to operate the vocational training programs. The Contractor will suggest what material they need for proper opera-tion to the contract manager and/or the Supervisor of Education. All materials will remain the property of FCC Butner. The Contractor and/or their employees shall be responsible for the issuance and the accountability of expendable materials such as text books, work-books, etc., and ensuring that only necessary materials are issued to inmates. The Contractor and/or their employees will not bring any equipment, tools, instructional material, or class supplies into the institution without prior approval from 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 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 20 students enrolled and should ordinarily maintain a minimum of 15 students enrolled.

The Contractor and/or their employees must be able to develop a curriculum which is approved by the Supervisor of Education or de-signee. Automotive curriculum must include a “hands-on training” component and tracked via a tracking sheet/flow chart. Hands-on training must be consistent with the workplace identified in the curriculum competencies. The application of skill can also be accom-plished through live- work projects coordinated through the various departments at the institution. The contractor shall be Automotive Service Excellence (ASE) certified in the administration of ASE exams. ASE exams will be administered on-site at FCI II Butner through a secure wireless access point using Google Chromebooks.

The inmates’ training, once received, is best reinforced by using the training in an actual work situation. In the world of live-work, stu-dents take on real projects with real expectations and have to deal with real difficulties. The program must be 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 and/or their employees will select and use a wide variety of instructional materials based on program requirements, student needs, and abilities. The Contractor and/or their employees 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 com-mercial materials are inappropriate or not available.

The Contractor is responsible for ensuring the attendance records, statistical, and certification records are maintained for all students to ensure proper student placement and advancement. The Contractor and/or their employees submits requests for budget items and pro-gram reports to the Supervisor of Education and is responsible for the maintenance and storing of materials and equipment assigned.

The Contractor and/or their employees will manage disruptive students' behavior through intensive counseling, behavior modification, motivational systems, and other proven successful techniques.

The Contractor must also be available, with prior notification, to make on-site visits as deemed necessary by the Supervisor of Educa-tion or designee to evaluate programs and instructors.

Automotive: Prepare students for employment in the Automotive Repair Industry. This program will focus on skills that relate to the fundamental theories and principles of engine repair. The transferable work skills of this program will stress an understanding of vehicle system identification and the use of appropriate service based on basic diagnostic procedures. The program will emphasize an understanding and demonstration of industry based elements such as safety and environmental regulations, labor, hazardous materials, operational theories, diagnostic and repair skills, underlying principles of technology, workplace safety as well as employability skills. The Contractor will provide programming instruction that will lead to a certification that is recognized by an industry standard agency. Certification ensures that the training received is current, complete, and meets national standards; therefore, increasing the in-mates’ potential for securing a solid career in the automotive repair field upon their release back into society.

Specific instruction shall include, but may not be limited to:

1. Vehicle System Familiarization

2. Safety and First Aid

RFQP01061700027A Page 5 of 44

3. Engine Theory

4. Fundamentals of Engine Performance

5. Wiring Diagrams

6. Tools, Materials, and Test Equipment

7. Fuel Delivery

8. Injection Components

9. Emission Control Devices 10.Manual Drive Train Service 11.Power Flow 12.System and Emission Control Devices

13. Internal Combustion Engine

Section G. Special Qualifications Required:

The Contractor and/or their employees must meet the following requirements:

• Individual instructor(s) must have a minimum of three years of documented instructional experience in the Occupational

Field assigned to.

• Contractor must be accredited by the Southern Association of Colleges and Schools.

• Contractor must be able to issue completion certificates from their institution to those who successfully complete a pro-gram.

• Contractor must be within a 100 mile radius of FCC Butner, NC.

• Contractor must be able to administer Automotive Service Excellence exams on-site.

Section H. Inmate Management:

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

Section I. Institution Security/Requirements:

The Contractor and/or their employees agree to adhere to all regulations prescribed by the institution for safety, custody, and conduct of inmates. The Contractor and/or their employees 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.

FCC Butner’s Volunteer Coordinator 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:

1. National Crime Information Center Check (NCIC)

2. DOJ-99 (Name Check)

3. FD-258 (Fingerprint Check)

4. Law Enforcement Agency checks

5. Vouchering of Employers for the past five years

6. OF-612 Optional Application for Federal Employment

7. OPM-329 - An Authority for Release of Information

8. OF-306 Declaration for Federal Employment

9. BP-S-159(30) Contractor Pre-Employment Form

The Contractor and each prospective instructor is advised that a urinalysis is required (for detection of illegal drug usage) before the 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:

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 and/or their employees will report emergencies or extraordinary problems immediately and follow up with a written statement of the event. The service is a contractual arrangement and not a personnel appointment. Payment is based on an end product or the accomplishment of a specific result. The service does not constitute an employer/employee relation-

RFQP01061700027A Page 6 of 44 ship and the contract will not be subject to Government supervision, except for security related matters. However, contractor perform-ance shall be monitored.

Due to the sensitive nature of the correctional environment, the Contractor and/or their employees are expected to be prompt in report-ing to work, in order to support the inmate accountability policy. The Contractor and/or their employees agree to abide by the rules and procedures of FCC Butner, NC, 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 and their employees 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 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 and/or their employees shall attend all training required by the Bureau of Prisons for contract workers. Neither the Contractor nor their employees will be permitted to attend institution meetings, staff recalls, or government training sessions for insti-tution 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 re-sponsibility. The Contractor will maintain accurate tool accountability.

Section K. Payment Terms

Contractor must provide a means of electronic payment to include bank routing and account number.

In order to ensure proper preparation of their payment voucher, all hours worked must be documented by the contractor, showing the hours worked during each visit. Documentation will be provided on a “Log of Consultants Visit” form with each entry being signed by the Contractor. The contractor shall provide a billing statement to the COR or the Supervision of Education Department at the conclu-sion of each program which accurately reflects days worked, number of sessions, and the total amount due for the services rendered during the program.

Payment terms as specified in FAR 52.212-4(g), the due date for making an invoice payment by the designated payment office shall be the 30th day after the designated billing office has received a proper invoice, or the government accepts the services performed by the contractor. The contractor can however offer discount payment terms for prompt payments as specified in block 12 on the SF-1449 form of this solicitation. Half sessions will not be authorized for payment.

If the resulting contract is awarded to an individual(s) or sole proprietorship, the provision of these services has been determined to meet certain criteria of the Internal Revenue Service for creating a common law employee tax liability relationship. In such a situation, the BOP is responsible for the payment of FICA taxes (7.65%) and the withholding of the individual’s taxes. These responsibilities ap-ply only when award of the contract is made to an individual or sole proprietorship. It does not apply when the contract is awarded to a company, regardless of the size of the company. For evaluation purposes, an additional 7.65% will be added to the price submitted by individuals or sole proprietorships.

RFQP01061700027A Page 7 of 44

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (Jan 2017)

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

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov

Clause Title Fill-ins (if applicable)

52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)

52.224-1 Privacy Act Notification (Apr 1984)

52.224-2 Privacy Act (Apr 1984)

52.232-18 Availability Of Funds (Apr 1984)

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (Apr

1984)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Dec 2013)

52.253-1 Computer Generated Forms (Jan 1991)

52.212-4 Contract Terms and Conditions--Commercial Items (Jan 2017)

52.242-13 Bankruptcy (July 1995)

Clauses By Full Text

52.21-603-70 Contracting Officer's Representative (COR) (June 2012)

(a)Melissa Hemiway ,Assistant Supervisor of Eduation , FCC Butner,919-575-5000 ext 1384, is hereby designated as the Contracting Officer's Representative (COR) under this contract.

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

RFQP01061700027A Page 8 of 44 all invoices/vouchers for acceptance of the supplies or services furnished for payment.

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

52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)

For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commit-ment, 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 inform-ation 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]

52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I.

1. Long-Term Contractor Personnel:

In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 con-tractor employee whose background investigation (BI) process begins on or after October 27, 2005:

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

b. Contractor Personnel must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed sometime during the clearance process but prior to badge issuance and must be documented by the DOJ official;

c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position.

Outlined below are the minimum BI requirements for each risk level:

• High Risk - Background Investigation (5 year scope)

• Moderate Risk - Limited Background Investigation (LBI) or Minimum Background Investigation (MBI)

• Low Risk - National Agency Check with Inquiries (NACI) investigation

d. The pre-appointment BI waiver requirements for all position sensitivity levels are a:

1) Favorable review of the security questionnaire form;

2) Favorable fingerprint results;

3) Favorable credit report, if required;3

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

and

5) Favorable review of the National Agency Check (NAC) 4 portion of the applicable BI that is determined by position sensitivity/risk level.

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

If the NAC is not received within five days of OPM's scheduling date, the badge can be issued based on a favorable review of the Se-curity 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 is-sued 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 re-quirements for short-term contractors are:

a. Favorable review of the security questionnaire form;

b. Favorable fingerprint results;

c. Favorable credit report, if required;5 and

d. Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commen-surate 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 is-suance. 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

RFQP01061700027A Page 9 of 44 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 ex-ample, 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 ac-cess.

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

d. If an intermittent contractor is approved for unescorted access, the contractor will only be issued a daily badge. The daily badge will be issued upon entrance into a DOJ facility or space and must be returned upon exiting the same facility or space.

e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year.

4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated BI meeting HSPD-12 and DOJ's BI requirements.

5. The DOJ's current escorted contractor policy remains unchanged by this acquisition notice.

Notes:

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

2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-I identity proofing process, including initiation and adjudication of the required background investiga-tion, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-II) requires badge issuance to all affected long-term contractors.

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

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

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

[End of Clause]

2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996)

(a) "Unsafe condition" as used in this clause means the actual or potential exposure of contractor or Government employees to a haz-ardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other materi-al or working condition designated by the Contracting Officer's Technical Representative (COTR) as potentially hazardous and requir-ing 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 pres-ence 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, dis-covers 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 consti-tute 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)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA OR OTHER NATIONAL EMERGENCY (May 2008)

RFQP01061700027A Page 10 of 44

During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absentee-ism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in Government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.

The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce.

Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation.

The types of actions a federal contractor should reasonably take to help ensure performance are:

• Encourage employees to get inoculations or follow other preventive measures as advised by the public health service.

• Cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services where telework is not an option.

• Implement telework to the greatest extent possible in the workgroup so systems are in place to support suc-cessful remote work in an emergency.

• Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency.

• Establish communication processes to notify employees of activation of this plan.

• Integrate pandemic health crisis response expectations into telework agreements.

• With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period). Security concerns should be considered in making equipment choices; agencies or contract-ors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropri-ate.

• Determine how all employees who may telework will communicate with one another and with management to accomplish work.

• Practice telework regularly to ensure effectiveness.

• Make it clear that in emergency situations, employees must perform all duties assigned by management, even if they are outside usual or customary duties.

• Identify how time and attendance will be maintained.

It is the contractor's responsibility to advise the Government Contracting Officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her ab-sence, another responsible person in the contracting office via telephone or email messages acknowledging the contractor's notifica-tion. The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations.

The Department does reserve the right in such emergency situations to use Federal employees, employees of other agencies, contract support from other existing contractors, or to enter into new contracts for critical support services. Any new contracting efforts would be acquired following the guidance in the Office of federal Procurement Policy issuance "Emergency Acquisitions", May, 2007 and Subpart 18.2. Emergency Acquisition Flexibilities, of the Federal Acquisition Regulations.

[End of Clause]

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Of-ficer may exercise the option by written notice to the Contractor within 60 days epiraton of the current performance period.

(End of clause)

52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond September 30 of the base year or any option year exer-cised. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropri-ated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30 of the base year or any option year exercised, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.216-21 Requirements (Oct 1995)

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(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this con-tract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified un-der 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 Con-tractor 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 Con-tractor shall not be required to make any deliveries under this contract after the last day of the effective performance period.

(End of clause)

52.217-9 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 prior to the expieration of the cur-rent performance period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not com-mit 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 five(5) (months)(years).

(End of clause)

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. 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)

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 one each, 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 within the current performance period;

RFQP01061700027A Page 12 of 44

(2) Any order for a combination of items in excess of estimated quantities identified int eht Schedule of Items within the current per-formance period; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in para-graph (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 Regula-tion (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 limita-tions in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR 2011)

The services, although not directly supervised, shall be reviewed by Federal Bureau of Prisons (BOP) staff to ensure contract compli-ance. The contractor's performance will be evaluated in accordance with FAR 42.15. Contract monitoring reports will be prepared by the Contacting Officer's Representative (COR) and maintained in the contract file.

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

(End of Clause)

2.3 DJAR-PGD-1503 – Security of Department Information and Systems (Apr 2015)

I. Applicability This guidance applies to any Solicitation, whether written or oral, issued on or after the date of this guidance, that will result in a Covered Contract. A Covered Contract is any contract, order or other commitment under which the contractor, or a subcontractor at any tier, including a cloud service provider, may access, collect, store, process, maintain, use, share, retrieve, disseminate, transmit, or dispose of DOJ Information, as that term is defined in Section B of the security clause set forth in the Attachment to this PGD, with the exception of acquisitions under the micro-purchase threshold when using a government purchase card as both the purchasing and payment mechanism. Covered Contracts include, but are not limited to, service contracts (e.g., litigation and FOIA support contracts in which the contractor scans documents containing DOJ Information and such information is collected, stored, processed, maintained, used, shared, retrieved, disseminated, transmitted, or disposed of using the contractor’s Information System).

II. Required Security Clause in all Covered Contracts Contracting Officers (“COs”) must insert the Security Clause set forth in the Attachment to this PGD in all Solicitations for Covered Contracts issued after the date of issuance of this PGD, unless waived by the SPE. Contracting Officers also must ensure that all Soli-citations for Covered Contracts include, as applicable, the requirements laid out in PGD 11-09, Homeland Security Presidential Dir-ective 12 (HSPD-12), and PGD 14-03, Acquisition of High- or Moderate-Impact Information Technology Systems.

COs also may include additional security requirements to those requirements set forth in the Attachment, so long as those additional requirements are not inconsistent with the requirements set forth in the Attachment.

III. Notification of Security Incident

The CO and/or CO’s Representative (“COR”) shall notify the DOJ Computer Emergency Readiness Team (“DOJCERT”) at 1-866-US4-CERT (1-866-874-2378) within one hour of receipt of any notification by Contractor of a Security Incident under Section VI.B & C of the attached Security Clause, and the CO and/or COR shall notify the DOJ Chief Information Officer (“CIO”), DOJ Chief Information Security Officer (“CISO”), and the Component’s CIO and Bureau Procurement Chief (“BPC”) as soon as practic-able of any notification of a Security Incident received by the CO and/or COR under Section VI.B & C of the attached Security Clause.

IV. Waiver of Specific Security Requirements

A. Waiver. A Component may request a waiver of the security requirements identified in the Attachment to this PGD, in whole or in

RFQP01061700027A Page 13 of 44 part, for a specific contract or class of contracts. For those contracts or class of contracts for which a Component previously sought and received a waiver of any requirement contained in PGD 08-04, those waivers shall apply to this PGD and remain in effect for the period identified in the waiver.

B. Waiver Process. The request should be submitted to the DOJ Senior Procurement Executive (“SPE”) by the Component’s CIO or, for those Component’s without a CIO, an official at the Executive Officer or equivalent level. A copy of the request also should be provided to the DOJ CIO and DOJ CISO. The request should include the following:

1. The contract or contracts for which the waiver is being sought, including a description of the product or services being procured;

2. The type, amount, and level of sensitivity of the DOJ Information involved in the contract or contracts, including whether the DOJ Information contains PII;

3. The specific requirement or requirements the Component seeks to waive and the reasons for seeking the waiver;

4. A description of all compensating controls or measures undertaken by the Component and/or contractor to mitigate the risk of harm resulting from waiver of the…