RFQP01131700007_JEWISH_RABBI.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

RFQP01131700007

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

02/22/2017

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

TIME

03/09/2017 10:00:00

CODE BMRG

Federal Bureau of Prisons FCI Morgantown 446 Greenbag Road Morgantown, WV 26501

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: 813110

SIZE STANDARD: $7.5

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

BMRGCODE15. DELIVER TO

Federal Bureau of Prisons FCI Morgantown 446 Greenbag Road Morgantown, WV 26501

CODE BMRG16. ADMINISTERED BY

Federal Bureau of Prisons FCI Morgantown 446 Greenbag Road Morgantown, WV 26501

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

BMRGCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCI Morgantown PO Box 1000 Morgantown, WV 26507-1000

ACCOUNTING

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

ONSITE JEWISH RABBI SERVICES AT FCI

MORGANTOWN. JEWISH RABBI FAITH LEADER

SERVICES. WORK TO BE PERFORMED IN

ACCORDANCE WITH THE INCLUDED STATEMENT

OF WORK.

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 X ARE ARE NOT ATTACHED

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

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: 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)

Jefferson Gregory

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

RFQP01131700007 Page 1 of 36

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

RFQP01131700007 Page 2 of 36

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule 3 Contract Clauses

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

2004)

52.27-103-72A DEPARTMENT OF JUSTICE RESIDENCY REQUIREMENT CERTIFICATION

FORM (JUNE 2004)

DJAR-PGD-05-08 Implementation of Homeland Security Presidential Directive (HSPD) 12 - Policy for a Common Identification Standard for Federal Employees and Contractor DJAR-PGD-07-12 Maintaining Contractor Performance During a Pandamic or Other Emergency DJAR-PGD-08-05 Contractor Certification of Compliance with Federal Tax Requirements 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005) 52.21-603-70 Contracting Officer's Representative (COR) (June 2012) 52.232-1 Payments (Apr 1984) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.222-53 Exemption from Application of the Service Contract Act to Contracts for Certain Services -- Requirements. (Feb 2009) 52.212-5 Alt I Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (Jan 2017) - Alternate I (Feb 2000) 52.228-5 Insurance - Work on a Government Installation (Jan 1997) 52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.217-8 Option to Extend Services (Nov 1999) 52.232-18 Availability Of Funds (Apr 1984)

4 List of Attachments 5 Solicitation Provisions

52.212-3 Offeror Representations and Certifications--Commercial Items (May 2011) 52.204-3 Taxpayer Identification (Oct 1998) 52.204-8 Annual Representations and Certifications (May 2012) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

BOP 2852.237-71 REQUIREMENTS FOR RELIGIOUS SERVICES (JAN 2005)

52.233-2 Service of Protest (Sept 2006)

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

52.237-103-71 REQUIREMENTS FOR RELIGIOUS SERVICES (JAN 2005)

RFQP01131700007 Page 3 of 36

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

One (1) session is equal to one (1) hour in lenght.

Services scheduled mutually between the Government and Contractor; estimated not to exceed 60 sessions in a 12 month period.

Provide Jewish Rabbi Services For the Inmate Population.

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

60.000000 SS $____________ $___________________

One (1) session is equal to one (1) hour in lenght.

Services scheduled mutually between the Government and Contractor; estimated not to exceed 60 sessions in a 12 month period.

Provide Jewish Rabbi Services For the Inmate Population.

Option Year 1: 13 months from EDOA through 24 months from EDOA. Estimated 60 Sessions per year, one session equals one

(1) hour.

60.000000 SS $____________ $___________________

One (1) session is equal to one (1) hour in lenght.

Services scheduled mutually between the Government and Contractor; estimated not to exceed 60 sessions in a 12 month period.

Provide Jewish Rabbi Services For the Inmate Population.

Option Year 2: 25 months from EDOA through 36 months from EDOA. Estimated 60 Sessions per year, one session equals one

(1) hour.

60.000000 SS $____________ $___________________

One (1) session is equal to one (1) hour in length.

Services scheduled mutually between the Government and Contractor; estimated not to exceed 60 sessions in a 12 month period.

Provide Jewish Rabbi Services For the Inmate Population.

Option Year 3: 37 months from EDOA through 48 months from EDOA. Estimated 60 Sessions per year, one session equals one

(1) hour.

60.000000 SS $____________ $___________________

One (1) session is equal to one (1) hour in length.

Services scheduled mutually between the Government and Contractor; estimated not to exceed 60 sessions in a 12 month period.

Provide Jewish Rabbi Services For the Inmate Population.

Option Year 4: 49 months from EDOA through 60 months from EDOA. Estimated 60 Sessions per year, one session equals one

(1) hour.

60.000000 SS $____________ $___________________

ORDER WILL BE PLACED BY INDIVIDUAL TASK ORDER. THE QUANTITIES ADDRESSED HEREIN ARE FOR ESTIMATES

PROVIDED BY THE GOVERNMENT. FUNDS SHALL BE OBLIGATED BY INDIVIDUAL TASK ORDER.

2.1 SCHEDULE OF SERVICES

ESTIMATED TOTAL FOR BASE YEAR AND FOUR (4) OPTION YEARS $

RFQP01131700007 Page 4 of 36

Please complete the above information when preparing your quote for the base year and four (4) option years. Any resulting contract will be an indefinite delivery/requirements contract with firm-fixed unit prices. As such, quantities listed are estimates only and are not a representation to an Offeror or Contractor that the estimated quantities will be required or ordered, or that conditions affecting requirements will be stable or normal (FAR 16.503(a)(1). Quotes will be evaluated for award based solely upon price. One session equals one (1) hour.

Pursuant to FAR 17.203(b), the Government’s evaluation shall be inclusive of options. Pursuant to FAR 17.203(d), quoters may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

Pursuant to FAR 52.204-7, Central Contractor Registration, All vendors doing business with the Federal Government are required to have a DUNS# and to be registered in the System of Award Management (SAM) database prior to an award being offered.

If award is made to an individual, the provision of these services has been determined to meet certain criteria for creating a common law employment relationship. Therefore, the BOP is responsible for the payment of FICA taxes (7.65%) and the witholding of the in-dividual employee's taxes. These responsibilities apply only when award of this solicitation is made to an individual. It does not ap-ply to companies or individuals who are incorporated. For evaluation purposes, an additional 7.65% will be added to the price submit-ted by individuals who are not incorporated.

Vendors responding to this solicitation must complete and submit with their quote the attached form, "Credentials of Religious Ser-vices Contractor". Vendors should submit two personal references and one letter of endorsement from their local religious organiza-tion. After review of these documents by Bureau of Prisons staff, vendors may be requested to submit additional documents for re-view or be interviewed by Bureau of Prisons staff. Vendors failing to submit any of the required documents or participate in an inter-view (when required) will be removed from further consideration of award.

Complete blocks 17a, 30a, 30b on solicitation form, Schedule of Supplies with total estimated amount, Offeror Representations and Certifications, and Credentials of Religious Services form. Return completed solicitation to FCI Morgantown by the closing date. In-clude DUNS# and an e-mail address on solicitation that is submitted.

2.2 Statement of Work (SOW)

I. SUBJECT:

The Federal Correctional Institution at Morgantown, WV intends to award one firm-fixed price contract for the provision of Jewish Rabbi for the Jewish community with the ability to work with federal offenders who are in the care and custody of the U.S. Attorney General. The work is to be performed in the Religious Services Area of the Federal Correctional Institution (FCI) in Morgantown, WV. Sessions will ordinarily occur inside the Chapel

The award of this Contract shall be based on the best price received which, offers the best value to the Government. Payment shall be based on the accomplishment of an end result. Results will be determined by the Contract Monitor and the evaluation process. The Contractor will not be subject to Government supervision and shall not have the appearance of an employer-employee relationship;

however, the Government reserves the right to monitor the Contractor’s performance to insure he/she is in compliance with the State-ment of Work (SOW). Each quote should contain the quoter’s best terms from a cost and price standpoint. The contract period will be from April 1, 2017 through March 31, 2018, with four option years.

II. SCHEDULE:

A session is defined as one (1) hour in length. Travel to, between, and from institutions is not included in a session. Scheduled ses-sions are subject to change as the needs of the Institution requires.

The Contractor will ordinarily not exceed twelve (12) sessions per month; the Government may, however, schedule additional monthly sessions in consultation with the Contractor, according to need. The Contractor will not exceed 30 hours of work per week.

It is anticipated that 60 sessions will be needed during the twelve-month period of the contract. The number of sessions is estimated only and can be increased or decreased with the mutual consent of the Contractor and the Government. Sessions will take place throughout the year from approximately October 1st through September 30th.

III. SUPPLIES:

All supplies that the contractor may routinely need will be supplied by the Federal Correctional Institution at Morgantown, WV. If approved by the Contract Monitor, the Contractor, at no additional expense to the Government, may provide supplies or equipment to facilitate in the required services. These must be approved by the Contract Monitor prior to introduction to the Complex.

IV. SCOPE OF WORK:

RFQP01131700007 Page 5 of 36

The Contractor shall:

A. The Jewish Rabbi will provide religious instruction for the Jewish inmate population at the Federal Correctional Institution at Mor-gantown, WV.

B. Provide leadership for prayer and services for inmates upon request and during special times of the year.

C. Provide instruction for the various Jewish holydays and other beliefs and practices.

D. Agree to comply with limitations placed on the teaching of controversial subjects that potentially may lead to the radicalization of inmates. These limitations include but are not limited to political commentary, controversial lessons on violence, potentially disrupting messages, and any disparaging commentary toward the United States Government.

V. EDUCATION REQUIREMENTS OR SPECIFIC EXPERIENCE OR GENERAL

EXPERIENCE

The Contractor shall submit documentation demonstrating:

A. Possess, at a minimum, a Master’s degree in Jewish studies from an accredited Yesihva or School of Theology;

B. Possess recognized experience in the Jewish community as a functioning Rabbi.

VI. CREDENTIAL REQUIREMENTS

The Contractor shall submit documentation demonstrating:

A. The receipt of Faculties from a recognized Jewish school of theology;

B. That Rabbi is in good standing with the Jewish synagogue.

The purpose of the documents in Paragraphs V and VI above will serve as criteria whereby Contracting Staff can determine applicant qualifications to perform Jewish services. Failure to provide these documents could result in your offer being considered ineligible for award of this contract.

VII. CONTRACT SECURITY

The proposed Contractor shall be required to undergo a urinalysis (for detection drug and marijuana usage) prior to the award of the contract and a complete background investigation shall be conducted in accordance with the BOP Program Statement 3000.03, "Per-sonnel Manual". If the test is positive, the proposed contractor shall be disqualified from being awarded the contract. The prospective contractors shall agree to the following prior to contract award.

1) NCIC (National Crime Information Center) Check

2) DOJ-99 (Name Check)

3) FD-258 (Fingerprint Check)

4) Law Enforcement Check

5) Vouchering of employers over past 5 years

6) SF 171 (Personal Qualifications Statement)

7) OPM-329-A (Authority to Release Information)

8) Submission of a Resume, including copies of any licenses or degrees.

VIII. INSTITUTION SECURITY & INMATE MANAGEMENT

The Contractor shall attend a four-hour orientation program prior to assuming duties within the Institution. The Contractor shall be re-imbursed based on their pro-rated hourly rate for attending this training course.

The Contractor agrees to adhere to all regulations prescribed by the institution for safety, custody, and conduct of inmates. Provision of services under this contract will require frequent and unsupervised contact with inmates. The Contractor will not supervise inmates nor be responsible for the management of inmates, yet will be expected to perform the following:

A. Ensure that inmates involved in activities within the contractor's scope of work are abiding by all rules in effect to ensure their safety and well-being;

B. Provide reports to ensure accurate accountability of inmates assigned to attend the services provided.

RFQP01131700007 Page 6 of 36

The Contractor shall inform the Contract Monitor and / or local Chaplain of any inmate found in violation of institutional rules.

The Contractor shall, while within the Institution, wear professional clothing or clothing representative of his religious order. The Contractor shall also conduct themselves in a manner consistent with their own field of expertise

IX. INSURANCE REQUIREMENT

FAR 52.228-5 Insurance of Work on a Government Installation

A. The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

B. Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insur-ance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective##

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

C. The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

X. PERFORMANCE STANDARDS AND PROCESS

Any contract award resulting from the issuance of this request for quote shall be considered as a contractual arrangement and will not be considered a personal appointment. All duties outlined in this Statement of Work shall be performed in accordance with standards and methods generally accepted within the Contractor's own field of expertise. Payment shall be based on the accomplishment of spe-cific results, and the results to be obtained shall be entirely within the Contractor's own unsupervised determination. The Contractor will not be subject to Government supervision, but the Government reserves the right to inspect and evaluate all services provided dur-ing the performance under this contract. The Government may conduct surveillance of any service at any time during the performance of this contract. All surveillance observations will documented by the BOP Contract Monitor. When an observation indicates defect-ive performance, the Contracting Officer (CO), with the technical support of the Contract Monitor will issue a Monitoring Report to the Contractor. The Contractor shall address any negative comments and propose corrective action to the Contracting Officer within ten (10) calendar days after receiving the report.

XI. Name of Contract Monitor

Brian Price, Supervisory Chaplain FCI Morgantown, WV

XII. PLACE OF PERFORMANCE:

The services to be provided under this contract shall be accomplished at:

Federal Correctional Institution, P.O. Box 1000, Morgantown, WV.

XIII. PERIODS OF PERFORMANCE:

This contract shall cover a base year from April 1, 2017 through March 31, 2018.

Option Year 1: April 1, 2018 through March 31, 2019 Option Year 2: April 1, 2019 through March 31, 2020 Option Year 3: April 1, 2020 through March 31, 2021 Option Year 4: April 1, 2021 through March 31, 2022

XIV. 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 bi-weekly 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 be-ing signed by the Contractor.

RFQP01131700007 Page 7 of 36

The contractor shall provide a monthly billing statement to the Federal Correctional Institution Accounting Department which accur-ately reflects days worked number of sessions and the total amount due for the previous month’s service.

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 made to an individual(s), the provision of these services has been determined to meet certain criteria for cre-ating common law employee relationship. Therefore, the BOP is responsible for the payment of the FICA taxes (7.65%) and the with-holding of the individual’s taxes. These responsibilities apply only when award of this solicitation is made to an individual. It does not apply to companies or individuals who are incorporated. For evaluation purposes, an additional 7.65% will be added to the price submitted by individuals who are not incorporated.

RFQP01131700007 Page 8 of 36

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (June 2010)

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

52.202-1 Definitions (Jan 2012)

52.203-5 Covenant Against Contingent Fees (Apr 1984)

52.203-6 Restrictions On Subcontractor Sales To The Government (Sept 2006)

52.203-7 Anti-Kickback Procedures (Oct 2010)

52.204-7 Central Contractor Registration (Aug 2012)

52.223-6 Drug Free Workplace (May 2001)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving (Aug 2011)

52.212-4 Contract Terms and Conditions--Commercial Items (June 2010)

52.232-25 Prompt Payment (Oct 2008)

52.222-50 Combating Trafficking in Persons (Feb 2009)

52.233-3 Protest after Award (Aug 1996)

52.225-13 Restrictions on Certain Foreign Purchases (June 2008)

52.244-6 Subcontracts for Commercial Items (Dec 2010)

52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

Clauses By Full Text

RFQP01131700007 Page 9 of 36

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]

52.27-103-72A DEPARTMENT OF JUSTICE RESIDENCY REQUIREMENT CERTIFICATION FORM (JUNE 2004)

This certification is required to be completed for all purchase card transactions for services that are subject to the DOJ Residency Re-quirement.

If the service is to be provided by an individual, that individual must sign the certification and return it to the cardholder for filing with the purchase card acquisition form. If the service is to be provided by a company, one certification may be submitted by an authorized company representative. By submitting this certification, the company is agreeing to provide the BOP with contract employees that meet the DOJ Residency Requirement.

Individuals By signing this certification I certify that for three of the five years immediately prior to responding to this solicitation, I have: 1) leg-ally resided in the United States (U.S.); 2) worked for the U.S. overseas in a Federal or military capacity; or 3) have been a dependent of a Federal or military employee serving overseas.

Companies By signing this certification I certify that for three of the five years immediately prior to responding to this solicitation, the contract employees providing services to the BOP 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) have been a de-pendent of a Federal or military employee serving overseas.

Name of Individual/Vendor Date [Name][Date] Signature of Individual or Vendor Representative [End of Clause]

DJAR-PGD-05-08 Implementation of Homeland Security Presidential Directive (HSPD) 12 - Policy for a Common Identification Standard for Federal Employees and Contractor

NOTICE OF CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201)' 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-term2 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 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);

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.

RFQP01131700007 Page 10 of 36

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 la. and lb. 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 PFV-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 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-201-22505.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)

DJAR-PGD-07-12 Maintaining Contractor Performance During a Pandamic or Other Emergency

Continuing Contract Performance During a Pandemic Influenza or other National Emergency

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

RFQP01131700007 Page 11 of 36 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.

Contractors should 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 successful 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). Se-curity concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees' per-sonal computers and provide them with PCs or laptops as appropriate.

• 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 usu-al 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 absence, an-other responsible person in the contracting office via telephone or email messages acknowledging the contractors notification.

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.

(End of Clause)

DJAR-PGD-08-05 Contractor Certification of Compliance with Federal Tax Requirements

Contractor Certification of Compliance with Federal Tax Requirements

By submitting a response to a solicitation or accepting a contract award, the contractor certifies that, to the best of its knowledge and belief, the contractor has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a nonfrivolous administrative or judicial proceeding.

(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)

RFQP01131700007 Page 12 of 36

• 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 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]

RFQP01131700007 Page 13 of 36

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

(a)Brian ,Price , Supervisory Chaplain,FCI Morgantown, 304-284-4377, is hereby designated as the Contracting Officer's Representat-ive (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 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.

52.232-1 Payments (Apr 1984)

The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise spe-cified in this contract, payment shall be made on partial deliveries accepted by the Government if-

(a) The amount due on the deliveries warrants it; or

(b) The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent of the total contract price.

(End of clause)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business sub-contractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including sub-contracts with small business concerns for the acquisition of commercial items.

(End of clause)

52.222-53 Exemption from Application of the Service Contract Act to Contracts for Certain Services -- Requirements. (Feb 2009)

(a) The services under this contract are offered and sold regularly to non-Governmental customers, and are provided by the Contractor to the general public in substantial quantities in the course of normal business operations.

(b) The contract services are furnished at prices that are, or are based on, established catalog or market prices. An "established catalog price" is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the Con-tractor, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public. An "established market price" is a current price, established in the usual course of ordinary and usual trade between buyers and sellers free to bargain, which can be substantiated from sources inde-pendent of the manufacturer or Contractor.

(c) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract.

(d) The Contractor uses the same compensation (wage and fringe benefits) plan for all service employees performing work under the contract as the Contractor uses for these employees and for equivalent employees servicing commercial customers.

(e)(1) Except for services identified in FAR 22.1003-4(d)(1)(iv), the subcontractor for exempt services shall be selected for award

RFQP01131700007 Page 14 of 36 based on other factors in addition to price or cost with the combination of other factors at least as important as price or cost; or

(2) A subcontract for exempt services shall be awarded on a sole source basis.

(f) The Contractor is responsible for compliance with all the conditions of this exemption by its subcontractors. The Contractor shall determine in advance, based on the nature of the subcontract requirements and knowledge of the practices of likely subcontractors, that all or nearly all likely subcontractors will meet the conditions in paragraphs (a) through (d) of this clause.