SOLICITATION-New.docx

SOLICITATION/CONTRACT FORM

SECTION: A

A.1 STATEMENT OF WORK

DESCRIPTION/SPECIFICATION/WORK STATEMENT

DENTAL HYGIENIST

SUBJECT

The Federal Bureau of Prisons intends to make an award to an individual or company a firm-fixed price type contract for the provision of professional Dental Hygienist services which meets the requirements outlined in this statement of work. The Dental Hygienist will provide services for the inmates incarcerated at the United States Penitentiary (USP) and Federal Prison Camp (FPC) located in Pennington Gap, Virginia. General information regarding the Federal Bureau of Prisons (BOP), its facilities, and referenced Program Statements can be located at www.bop.gov. The Government reserves the right to award without discussion and to make a single award. Therefore, each initial quote should contain the quoters best terms from a cost or price standpoint. The contract period will be in effect from the date of award through 60 months.

PLACE OF PERFORMANCE

Services will be performed within the Health Services Units at the USP/FPC Lee, Virginia, in a clinical setting where exposure to infectious and contagious diseases is common.

SCHEDULE OF PERFORMANCE

A session will equal one (1) hour. The facility is expected to require an average of thirty (30) sessions per week normally, Monday through Friday (except Federal holidays), normally between the hours of 7:30 am and 3:00 pm, with a thirty (30) minute unpaid lunch period, (if applicable). A mutually agreed upon schedule will determined following award of a contract. Upon agreement, any changes to the schedule must be coordinated with the Contract Monitor (CM) assigned under the contract. The CM will be responsible for defining each weekly schedule. However, the daily call-out will dictate the exact schedule and sessions required. The schedule is subject to change based on the variable needs of the institution and the unpredictable nature of the correctional environment. The Contractor may be subject to schedule changes and must be flexible. The schedule shall not exceed thirty (30) hours per week for an individual. The Contractor will be available for emergencies as necessary.

Due to the nature of the correctional setting, delays in performance of work may be expected. Such delays may include, but are not limited to, inclement weather, electrical or mechanical problems, or other security matters. When contract employees report to the institution but are unable to perform services due to such delays, the Contract will be paid for one (1) session. Normally, any remaining sessions for that day will be suspended and the Contractor will be free to leave hand the Contractor will not be paid for the remaining non-performed sessions. However if the institution requests that the Contractor remain at the institution for eventual performance, the Contractor shall be paid for such sessions. In the event of any absence, the Contractor shall provide replacement coverage. If the Contractor fails to provide coverage, the Government may seek contractual remedy.

SUPPLIES

Due to security reasons all supplies and equipment that the Contractor may need, while at the institution, will be furnished by the institution. These supplies normally will include any materials needed to perform the services covered under this contract. All records maintained by the Contractor under this contract will remain the property of the institution.

DESCRIPTION OF RESPONSIBILITIES

The resulting contract shall be a non-personal health care services contract as defined in Federal Acquisitions Regulations (FAR) 37.101, under which the Contractor is an independent Contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered (e.g. professional judgments, diagnosis for specific medical treatment). The Contractor shall indemnify the government for any liability producing act or omission by the Contractor, its employees and agents occurring during contract performance. In accordance with FAR 37.401(d) and FAR clause 52.237-7, Indemnification and Medical Liability Insurance, the Contractor shall maintain and provide medical liability insurance, in a coverage amount acceptable to the Contracting Officer, which is not less than the amount normally prevailing within the local community for the medical specialty concerned.

The Contractor has sole responsibility and discretion for choosing and Implementing the manner and method of performing tasks outlined In this Statement of Work as long as the requirements are performed In accordance with the policies referenced, standards and methods generally accepted within the Contractors field of expertise. All duties shall be performed In accordance with standards and methods generally accepted within the field of Dental Hygiene and In compliance with alt Federal and State policy and regulations. The Contractor shall adhere to all standards and regulations associated with the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) and American Correctional Association Foundation/Core Standards for Adult Correctional Institutions. The Contractor must have the ability to work with an inmate population from a variety of cultural, regional, racial and ethnic backgrounds. The Contractor shall be responsible for, but not limited to providing:

Dental health education; dental prophylaxis and topical fluoride application; dental screening examination; subgingival scaling and preparation of patients for periodontal surgery; root planning; soft tissue curettage; dental charting; periodontal charting; prescribed treatment of localized alveolar osteitis and pericoronitis; preparing placing and removing periodontal packs; placing temporary fillings; polishing amalgam and composite restoration; application of pit and fissure sealants; placing and removing rubber dams; and removing sutures.

Completes medical record entries, ensuring entries are legible and in the Subjective, Objective, Assessment, and Plan (SOAP) format. Information provided shall be dated, timed, complete, signed, authenticated, and legible.

Contractor will counsel inmates, either singularly, or in groups concerning their dental/hygiene care and the expected results of hygiene care.

Provide in-service training to medical staff on hygiene diets, types of food groups, and quantities for each diet to maintain proper Dental Hygiene.

The Contractor shall be knowledgeable of all infection control techniques and be able to apply them. Contractor will also be expected to handle telephone communication in the dental clinic, make appropriate entries In the dental record, appointment book for prophylaxes, type reports and correspondence, and other general duties recognized as routine In a dental clinic.

EMPLOYEE HEALTH REQUIREMENTS

The Contractor shall ensure that the Dental Hygienist is free of infectious diseases. Any individual performing as a licensed Dental Hygienist under this contract who subsequently develops a medical condition which might reasonably be expected to place other workers, patients, or the public at risk shall be immediately removed from activities requiring performance of invasive procedures and activities which might reasonably be expected to place other workers, patients, or the public at risk. In any such case, the Contractor shall be responsible, at no additional cost to the institution, for securing the services of any replacement personnel required to contract performance.

EDUCATION BACKGROUND AND QUALIFICATIONS

Quoters must specifically identify the individual that will be performing these services under any subsequent contract award. The quoter must provide proof that their candidate meets all qualifications. The candidate’s name and qualifications must be submitted at the time the quote Is submitted. All Contractors must submit with their quote a resume, photocopies of documents evidencing education and training.

The individual providing Dental Hygienist services under contract award must have graduated from an accredited school or program, must have a Virginia state license in the field of dental/oral hygiene, and be certified in Cardio-Pulmonary Resuscitation in accordance with the American Red Cross or American Health Association. The Individual performing the services must also maintain a current Radiology Certification and have two (2) years of current experience as a Dental Hygienist.

PHYSICAL DEMANDS

The physical demands of this service are sedentary in nature however, walking, standing, and sitting are required to accomplish the assigned duties. Occasionally the Contract provider will be required to lift boxes and equipment.

UNIFORM REQUIREMENTS

The contractor must wear appropriate and professional attire at all times. The Contractor is responsible for providing his/her own smocks, laboratory coats, surgical scrubs, and must be consistent with those worn in the local community.

PERSONAL CONTACTS

Personal contacts are patients requiring dental care, other dental professionals, para-professional civilians, Bureau employees, and the Chief Dental Officer. Personal contacts are for the purpose of treating patients, exchanging of ideas with other dental professionals, discussions of dental treatment plans and other daily contacts relative to his/her work.

RESTRICTIONS ON CONTRACT WORKERS

The Contractor shall not supervise inmates, supervise Bureau of Prisons staff, participate in inmate accountability; requisition, sign for, or pickup supplies; formulate policy or procedures; or, attend meetings, staff recalls or staff functions.

PATIENT MANAGEMENT

Patients shall be accorded impartial access to treatment or accommodations that are available or medically indicated, regardless of race, creed, sex, national origin, or religion. Services provided under the sponsorship of the Contractor shall be departments/services of the medical or dental department. Staffing shall be commensurate with the expected needs of the patients and within the scope of services offered. The Contractor shall not provide information to the inmate(s). If the situation arises, where inmate(s) are required to be provided information, the Dental Officer shall provide any information the inmate(s) are to receive. The Contractor is required to maintain an open line of communication with the Chief Dental Officer and Health Services Administrator (HSA).

INMATE MANAGEMENT

The provision of services under this proposed contract will require frequent and unsupervised contact with inmates. The Contractor will not be responsible for the management of inmates except to ensure that those inmates involved in activities within the Contractor’s scope of work shall abide by all rules, in effect, to ensure the safety and well-being of all participants. The Contractor will report any Infractions of rules and regulations by any inmate to the Chief Dental Officer, the Clinical Director, HSA, the CM, or an appropriate Government Employee.

INSTITUTION SECURITY

The Contractor agrees to adhere to all regulations prescribed by the institutions in regards to the safety, custody, and conduct of Inmates. The Bureau of Prisons requires all non-employees to sign in and out of the institution for security reasons. The Contractor may, at any time, be removed from the institution at the discretion of the Warden (CEO). The Contractor will be provided with security and BOP procedures orientation program session, consisting of approximately four (4) hours, prior to performing any services under this contact. The date and time for this orientation will be mutually agreed upon by both parties, and reimbursement for attendance will be at the hourly contract rate.

METHOD OF PERFORMANCE

The Contractor has sole responsibility and discretion for choosing and implementing the manner and method of performing tasks outlined in this Statement of Work as long as the requirements are met in accordance with the policies described above.

Award of this contract will result in a contractual arrangement only and shall not be construed as a personnel appointment with the Bureau of Prisons. The services shall not constitute an employer/employee relationship. Payments to the Contractor shall be based on the provision of an end product or the accomplishment of a specific task. Results to be obtained are within the Contractor’s own unsupervised determination. The Contractors performance will be evaluated in accordance with FAR Part 42. The Contractor will not be subject to Government supervision but Its efforts will be monitored for quality assurance. Contract monitoring reports will be prepared by the CM and maintained in the contract file.

PAYMENT TERMS

The Contractor will be responsible for signing the log of Medical Consultant Visits Form BP-352(6), which will be located in the Dental Clinic of the Health Services Unit. The Contractor will be required to record in the log, the date of service, time of arrival, and departure. Additionally, the Contractor shall supply the clinical Director, HSA, and/or the Chief Dental Officer with a written report about the inmate(s) seen and place visited with the correspondent time frame. The Contractor must provide a means for electronic payment to include bank routing and account number. Payment terms as specified in FAR 52.212-4(g). The Government will make payment in accordance with the Prompt Payment Act 31 U.S.C. 3903 and prompt payment regulations at 5 CFR Part 1315. Payment terms shall be Net 30 days. The Contractor can, however, offer discount payment terms for prompt payments as specified in block 12 on the SF-1449 form of this solicitation. Partial or half sessions will not be authorized for payment.

A.2 SCHEDULE OF ITEMS

Any resulting contract shall be an indefinite delivery/requirements type contract. As such, quantities listed are estimates only and are not a representation to a quoter or a contractor that the estimated quantities will be required or ordered or that conditions affecting requirements will be stable or normal. An estimated maximum number of sessions has been provided.

PLEASE COMPLETE THE FOLLOWING INFORMATION WHEN PREPARING YOUR QUOTE FOR THE 12 MONTH PERIOD.

Base Year: Session Price = x 33 Sessions x 52 weeks = for 12 months

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

CONTRACT CLAUSES

A.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://www.arnet.gov/far

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER DATE TITLE

52.212-4 FEB 2007 CONTRACT TERMS AND CONDITIONS COMMERCIAL ITEMS

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

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.12-4.

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

NUMBER DATE TITLE

[END OF ADDENDUM TO FAR 52.212-4]

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

A.5 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from effective date of award through twelve (12) months.

(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]

A.6 52.216-9 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 session, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of the estimated quantities identified in the Schedule of Items for the current performance period;

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

(3) A series of orders from the same ordering office within thirty (30) days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five days after issuance, with written notice stating the Contractors intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

[End of clause]

A.7 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Governments 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 contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractors and Governments rights and obligations with respect to that order to the same extent as if the order were completed during the contracts effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the last day of the effective performance period.

[End of clause]

A.8 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 thirty (30) days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (60) days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed six (6) months.

[End of clause]

A.9 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, 2009. The Governments obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30, 2009, 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]

A.10 52.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (JAN 1997)

(a) It is expressly agreed and understood that this is a nonpersonal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over professional aspects of the services rendered, including by example, the Contractors professional medical judgment, diagnosis, or specific medical treatments. The Contractor shall be solely liable for and expressly agrees to indemnify the Government with respect to any liability producing acts or omissions by it or by its employees or agents. The Contractor shall maintain during the term of this contract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: $300,000.00.

(b) An apparently successful offeror, upon request by the Contracting Officer, shall furnish prior to contract award evidence of its insurability concerning the medical liability insurance required by paragraph (a) of this clause.

(c) Liability insurance may be on either an occurrences basis or on a claims-made basis. If the policy is on a claims made basis, an extended reporting endorsement (tail) for a period of not less than 3 years after the end of the contract term must also be provided.

(d) Evidence of insurance documenting the required coverage for each health care provider who will perform under this contract shall be provided to the Contracting Officer prior to the commencement of services under this contract. If the insurance is on a claims-made basis and evidence of an extended reporting endorsement is not provided prior to the commencement of services, evidence of such endorsement shall be provided to the Contracting Officer prior to the expiration of this contract. Final payment under this contract shall be withheld until evidence of the extended reporting endorsement is provided to the Contracting Officer.

(e) The policies evidencing required insurance shall also contain an endorsement to the effect that any cancellation or material change adversely affecting the Governments interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. If, during the performance period of the contract the Contractor changes insurance providers, the Contractor must provide evidence that the Government will be indemnified to the limits specified in paragraph (a) of this clause, for the entire period of the contract, either under the new policy, or a combination of old and new policies.

(f) The Contractor shall insert the substance of this clause, including this paragraph (f), in all subcontracts under this contract for health care services and shall require such subcontractors to provide evidence of and maintain insurance in accordance with paragraph (a) of this clause. At least 5 days before the commencement of work by any subcontractor, the Contractor shall furnish to the Contracting Officer evidence of such insurance.

[End of clause]

A.11 CONTRACTING OFFICERS CONTRACT MONITOR (CM) (AUG 2009)

(a) Karen Lambright, Health Services Administrator, USP Lee, (276)546-0150, is hereby designated as the Contract Monitor (CM) under this contract.

(b) The CM is responsible, as applicable, for: receiving all deliverables; inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contractor 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 CM does not have the authority to alter the contractors obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

[End of clause]

A.12 UNSAFE CONDITIONS DUE TO THE PRESENCE OF HAZARDOUS MATERIAL (JAR 2852.223-70) (JUN 1996)

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

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

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

(d) If during the performance of the work under this contract, the contractor or any of its employees, or subcontractor employees, discovers the existence of an unsafe condition, the contractor shall immediately notify the contracting officer, or designee, (with written notice provided not later than three (3) working days thereafter) of the existence of an unsafe condition. Such notice shall include the contractor's recommendations for the protection and the safety of Government, contractor and subcontractor personnel and property that may be exposed to the unsafe condition.

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

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

A.13 DEPARTMENT OF JUSTICE (DOJ) RESIDENCY REQUIREMENT BUREAU OF PRISONS CLAUSE (JUNE 2004) For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commitment, individuals or contractor employees providing services must have:

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

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

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

If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current information regarding allied countries: http://www.opm,gov/employ/html/citizen.htm By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.

A.14 NOTICE OF CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (OCT 2005)

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

1. Long-Term Contractor Personnel:

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

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

High Risk - Background Investigation (5 year scope) Moderate Risk - Limited Background Investigation (LBI) or Minimum Background Investigation (MBI) Low Risk - National Agency Check with Inquiries (NACI) investigation

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

1) Favorable review of the security questionnaire form;

2) Favorable fingerprint results;

3) Favorable credit report, if required;(See Note iii)

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

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

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

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

2. Short-Term Contractor Personnel:

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

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

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

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:

A.15 CONTRACT SECURITY (3000-02 HUMAN RESOURCE MANAGEMENT MANUAL)

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

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

Responsibilities of Personnel Security Officer:

National Crime Information Center (NCIC) Check Name Check Responsibilities of Program Manager:

FD-258 Fingerprint Check Law Enforcement Agency Checks Vouchering of employers over the past five years Completed OF-306, Declaration for Federal Employment, and Appropriate Resume or Optional Application Completed Contractor Pre-employment Form Release of Information Urinalysis If the test is positive, the contractor will be disqualified from being award the contract.

A.16 DEPARTMENT OF JUSTICE ORDER 2640-2E BUREAU OF PRISONS CLAUSE (JUNE 2004)

Department of Justice (DOJ) Order 2640-2E prohibits the use of non- U.S. citizens in the performance of this contract or commitment for any position that involves access to or development of any DOJ Information Technology System. By signing this contract or by beginning performance, the contractor agrees to this restriction.

A.17 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS COMMERCIAL ITEMS (APR 2009)

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

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

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

[Contracting Officer check as appropriate.]

__ (10) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637(d)(2) and (3)).

__ (12) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

__ (13) 52.219-16, Liquidated DamagesSubcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (15) 52.219-25, Small Disadvantaged Business Participation ProgramDisadvantaged Status and Reporting (APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (16) 52.219-26, Small Disadvantaged Business Participation Program Incentive Subcontracting(OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004) (15 U.S.C. 657 f).

__ (18) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C. 632(a)(2)).

__ (19) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

__ (20) 52.222-19, Child LaborCooperation with Authorities and Remedies (FEB 2008) (E.O. 13126).

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

XX (22) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

XX (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006) (38 U.S.C. 4212).

XX (24) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

__ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006) (38 U.S.C. 4212).

__ (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).

__ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (31) 52.225-1, Buy American ActSupplies (FEB 2009) (41 U.S.C. 10a-10d).

__ (33) 52.225-5, Trade Agreements (MAR 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (34) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

__ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.5150).

__ (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (38) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

XX (39) 52.232-33, Payment by Electronic Funds TransferCentral Contractor Registration (OCT 2003) (31 U.S.C. 3332).

__ (40) 52.232-34, Payment by Electronic Funds TransferOther than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332).

__ (41) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332).

__ (42) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

__ (43) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[Contracting Officer check as appropriate.]

41 U.S.C. 351, et seq.).

paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and RecordsNegotiation.

___ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).