DJBP01191400020.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

RFQP01191400020

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

07/30/2014

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME

David Duffield

b. TELEPHONE NUMBER (No collect calls)

304-626-2500 x1088

8. OFFER DUE DATE / LOCAL

TIME

08/22/2014 06:00:00

CODE BGIL

Federal Bureau of Prisons FCI Gilmer

PO BOX 5000

GLENVILLE, WV 26351

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: 611310

SIZE STANDARD: $5,000,000

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

BGILCODE15. DELIVER TO

Federal Bureau of Prisons FCI Gilmer

201 FCI LANE

GLENVILLE, WV 26351

CODE BGIL16. ADMINISTERED BY

Federal Bureau of Prisons FCI Gilmer

PO BOX 5000

GLENVILLE, WV 26351

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

BGILCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCI Gilmer

PO BOX 5000

GLENVILLE, WV 26351

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

Please provide quote for Business Technology Vocational Training Services on Page 4.

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. 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)

David Duffield

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

RFQP01191400020 Page 1 of 33

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

RFQP01191400020 Page 2 of 33

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2.1 Statement of Work

3 Contract Clauses

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

2004)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

OR OTHER NATIONAL EMERGENCY (May 2008) 52.224-102 (a) SECURITY OF SYSTEMS AND DATA, INCLUDING PERSONALLY

IDENTIFIABLE INFORMATION (MAR 2008)

52.224-102(b) INFORMATION RESELLERS OR DATA BROKERS (MAR 2008) DJAR-PGD-05-08 Implementation of Homeland Security Presidential Directive (HSPD) 12 - Policy for a Common Identification Standard for Federal Employees and Contractor 52.21-603-70 Contracting Officer's Representative (COR) (June 2012) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (May 2014) 52.216-21 Requirements (Oct 1995) 52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984) 52.209-5 Deviation Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability (Deviation 2014-01)(November 2013)

4 List of Attachments 5 Solicitation Provisions

52.204-8 Annual Representations and Certifications (Feb 2009) 52.212-3 Offer Representations and Certifications -- Commercial Items (Apr 2012) FAO-0021 Business Management Questionnaire

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

52.233-2 Service of Protest (Sept 2006) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)

RFQP01191400020 Page 3 of 33

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 College Credit Hours. Vocational Training in accordance with the attached Statement of Work.

90.000000 HR $____________ $___________________

2.1 Statement of Work

STATEMENT OF WORK

Vocational Training Programs BUSINESS TECHNOLOGY

Introduction:

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

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

Background:

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

Schedule:

The schedule will normally consist of a minimum of nine (9), three (3) hour blocks of instruction per week, but may include up to thirty (30) sessions per week. A session is defined as one (1) hour of block instruction/class preparation, Monday through Friday ex-cluding Federal Holidays. 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. The Contractor will not exceed 36 hours per week. This schedule is subject to change as needed and directed by the Supervisor of Education or their designee. Contract instructors will be required to sign the institution contract visitor log, indicat-ing the time of arrival and departure from the institution.

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

Supplies:

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

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

Method of Performance:

The services provided are for a non-personal education service contract, as defined in the Federal Acquisition regulation (FAR) 37.101, under which the contractor is an independent contractor. The government may evaluate the quality of professional and admin-istrative services provided, but retains no control over the professional aspects of services rendered. The contractor is required to in-demnify the government for any liability producing act or omission y the contractor, its employees and agents occurring during con-

RFQP01191400020 Page 4 of 33 tract performance. These services, although not directly supervised, will be under the administrative review of the SOE and the per-formance of these services will be verified by the designated COR.

Scope of Work/Service:

Each class will have approximately 25-30 students enrolled and should always have a minimum of 15 students enrolled.

For each three (3) credit hours of college credit, forty-five (45) instructional contact hours will be provided by college approved and credentialed faculty. Generally this will occur in fifteen (15) three-hour blocks of instruction. It is estimated that thirty (30) courses will be provided during the term of the contract. The Contractor must be able to develop a curriculum which is approved by the Su-pervisor of Education or designee. The program is flexible in its design to meet the needs of students with academic levels ranging from high school graduate to an occasional college student. Courses will be scheduled in cooperation with the Supervisor of Education or designee to provide sequenced learning opportunities

The Contractor will select and use a wide variety of instructional materials based on program requirements, student needs, and abilit-ies. The Contractor will make modifications in some of the modules of the curriculum, materials, and or teaching techniques when stu-dents are experiencing difficulties. An original curriculum will be written when commercial materials are inappropriate or not avail-able.

The Contractor is responsible for the maintenance of attendance records, statistical and certification records for all students to ensure proper student placement and advancement. He/she submits requests for budget items and program reports to the Supervisor of Educa-tion and is responsible for the maintenance and storing of materials and equipment assigned.

Business Technology: Graduates of this program will be prepared to seek employment in a variety of entry-level business positions such as accounting clerk, bookkeeper, office manager, supervisor, and assistant manager. Subject matter will correspond to an exist-ing Associate Degree Program in Business. Specific instruction will utilize pre-existing text books and shall include but not be limited to:

ACCT 231 Principles of Accounting I 3 credit hours ACCT 232 Principles of Accounting ll 3 credit hours BUSN 230 Quantitative Business Analysis I 3 credit hours BUSN 193 Applied Business Communications 3 credit hours BUSN 270 Business Law I 3 credit hours BUSN 296 Dimensions in Professional Development 3 credit hours CART 101 Introduction to Public Speaking 3 credit hours CSCI 260 Management Information Systems 3 credit hours ENGL 101 Critical Reading and Writing I 3 credit hours ECON 201 Principles of Microeconomics 3 credit hours ENGL 102 Critical Reading and Writing II 3 credit hours GSC 100 The First-Year Experience 1 credit hours MATH 102 College Algebra 3 credit hours PED 210 First Aid and Safety 1 credit hours SCNC 101 Earth Science 4 credit hours BUSN 100 Introduction to Business 3 credit hours BUSN 293 Internship I 1 credit hours MGMT 201 Principles of Management 3 credit hours MGMT 202 Small Business Management 3 credit hours MRKT 201 Principles of Marketing 3 credit hours MRKT 202 Principles of Retailing 3 credit hours

Special Qualifications Required:

The incumbent must meet the following requirements and provide documentation:

• The College must be accredited by The Higher Learning Commission and be a member of the North Central Associ-ation of Colleges.

• The College must be a member of the American Association of State Colleges and Universities, American Associ-ation of Colleges for Teacher Education, and the American Council on Education.

• Teacher Education programs will be accredited by the National Council for Accreditation of Teacher Education

(NCTAE).

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

RFQP01191400020 Page 5 of 33

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

• Past performance and experience of instructor(s) will be considered.

The Contractor must provide a copy of all diplomas and/or certificates to support stated qualifications.

Inmate Management:

Provisions of services under this contract will require frequent and unsupervised contact with inmates. The Contractor will be consist-ently aware of security and maintain professional relationships with the inmates at all times. Any violation of the institution rules and regulations are to be brought immediately to the attention of an appointed government employee in order for prompt, proper action.

Non-Personal Positions:

This contract is a contractual arrangement only and shall not be construed as a personnel appointment with the BOP. Payments to the Contractor will be based on the provision of an end product or the accomplishment of a specific result. Services provided do not con-stitute an employer/employee relationship. The contractor will not be subject to Government supervision, except for security related matters; however, its efforts will be monitored for quality assurance. A Contracting Officer’s Representative will be appointed to monitor the performance of the Contractor, and at a minimum, quarterly monitor reports will be provided to the Contracting Officer indicating the performance level.

CONTRACTOR RESTRICTIONS: The Contractor cannot:

1. Supervise BOP staff.

2. Participate in inmate accountability.

3. Requisition, sign for, or pick up supplies.

4. Formulate policies or procedures.

5. Attend recalls or staff functions.

6. Supervise any of the inmate population.

7. Be a member of the employees club.

Personnel Background Investigation/Institution Familiarization Training

All contract personnel providing services within the confines of the Federal Correctional Institution Gilmer, West Virginia shall have a complete background investigation conducted in accordance with BOP Program Statement 3000.03, “Personnel Manual.”

All contract staff that will enter the Federal Correctional Institution Gilmer, West Virginia to perform services shall be required to attend a four to eight-hour institution orientation course held at the institution or a mutually acceptable site. In addition, all con-tract personnel entering the institution will be subject to search procedures specified in BOP Program Statement 5510.15 Searching, Detaining, or Arresting Visitors to Bureau Grounds and Facilities.

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

1. National Crime Information Center check (NCIC)

2. DOJ -99 (name check)

3. FD-258 (finger print check)

4. Law enforcement Agency check

5. Vouchering of Employment over the past five years.

6. Resume/personal Qualification.

7. OPM 329-A (Authorizing for release of information)

8. NACI check (if Applicable)

9. Urinalysis test is required (for detection of marijuana and other drug usage) before the contract is awarded.

English Language Requirement

All contract personnel performing services under this contractual agreement shall have the ability to read, understand, fluently speak, and legibly write the English language.

Quality Standards

The Government reserves the right to inspect and evaluate all services provided during the performance of this contract. The gov-

RFQP01191400020 Page 6 of 33 ernment may conduct surveillance of any task at any time during the performance of this contract. All surveillance observations will be documented by the COR.

When an observation indicates defective performance, the Contracting Officer may issue a Discrepancy Report to the contractor.

The contractor shall address any Discrepancy Report in writing to the Contracting Officer within ten calendar days of notification, indicating any corrective action taken to rectify the deficiency.

Award Methodology

The Federal Correctional Institution Gilmer, Glenville, West Virginia intends to award this contract to the responsive bidders who meet all qualifications and requirements. The government will make an award to the responsible quoter whose quote conforms to this solicitation, and is considered most advantageous to the Government, considering pricing factors only.

Invoices/Payment

Invoices must be submitted no later than the end of each month by the contractor. A summarized listing of courses performed during the respective month must be submitted with the invoice to:

Accounting Supervisor Federal Correctional Institution Gilmer PO Box 5000 Glenville, WV 26351

Contract Pricing Services are required to be provided by the contractor in accordance with the Statement of Work (SOW). The quoter is required to in-clude a completed copy of the Schedule of Items with their quote.

Any resulting contract shall be an indefinite delivery/requirements contract. As such, quantities listed are estimates only and are not a representation to a quoter or contractor that the estimated quantities will be required or ordered or that conditions affecting require-ments will be stable or normal. Estimated maximum quantities have been provided.

RFQP01191400020 Page 7 of 33

Section 3 - Contract Clauses

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/far

Clause Title

FAO-0005 Submittals

52.227-1 Authorization and Consent (Dec 2007)

52.228-5 Insurance - Work on a Government Installation (Jan 1997)

52.232-18 Availability Of Funds (Apr 1984)

52.232-32 Performance-Based Payments (Apr 2012)

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (Apr 1984)

52.237-3 Continuity Of Services (Jan 1991)

52.237-11 Accepting and Dispensing of $1 Coin (Sep 2008)

52.242-13 Bankruptcy (July 1995)

52.246-23 Limitation of Liability (Feb 1997)

52.249-4 Termination for Convenience of the Government (Services) (Short Form) (Apr 1984)

52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984)

52.253-1 Computer Generated Forms (Jan 1991)

Clauses By Full Text

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]

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA OR OTHER NATIONAL

RFQP01191400020 Page 8 of 33

EMERGENCY (May 2008)

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 ser-vice.

• 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 re-mote 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 tele-work period). Security concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees' personal 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 accom-plish 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]

52.224-102 (a) SECURITY OF SYSTEMS AND DATA, INCLUDING PERSONALLY IDENTIFIABLE INFORMATION (MAR 2008)

a. Systems Security:

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

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

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

RFQP01191400020 Page 9 of 33

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

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

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

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

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

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

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

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

9. All DOJ data will be removed from contractor-owned laptops upon termination of contractor work. This removal must be accom-plished in accordance with DOJ IT Security Standard requirements. Certification of data removal will be performed by the Contract-or's project manager and a letter confirming certification will be delivered to the CO within 15 days of termination of contractor work.

b. Data Security:

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

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

c. Personally Identifiable Information Notification Requirement:

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

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

[End of Clause]

52.224-102(b) INFORMATION RESELLERS OR DATA BROKERS (MAR 2008)

Under this contract, the Department obtains personally identifiable information about individuals from the contractor. The contractor hereby certifies that it has a security policy in place which contains procedures to promptly notify any individual whose personally identifiable information (as defined by OMB) was, or is reasonably believed to have been, lost or acquired by an unauthorized person while the data is under the control of the contractor. In any case in which the data that was lost or improperly acquired reflects or con-sists of data that originated with the Department, or reflects sensitive law enforcement or national security interest in the data, the con-tractor shall notify the Department Contracting Officer so that the Department may determine whether notification would impede a law enforcement investigation or jeopardize national security. In such cases, the contractor shall not notify the individuals until it re-ceives further instruction from the Department.

[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);

RFQP01191400020 Page 10 of 33

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 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-

RFQP01191400020 Page 11 of 33 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)

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

(a)Robert Clark ,Supervisor of Education , FCI Gilmer,304-626-2500, 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 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.

52.216-21 Requirements (Oct 1995)

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

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

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

(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 one year from date of contract award.

(End of clause)

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

RFQP01191400020 Page 12 of 33

Funds are not presently available for performance under this contract beyond September 30, 2014. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for con-tract 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, 2014, until funds are made available to the Contracting Officer for performance and until the Contract-or receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.209-5 Deviation Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability (Deviation 2014-01)(November 2013)

(a) In accordance with sections 536 and 537 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2014 (Title II, Division B, Pub. L. 113-76), none of the funds made available by that Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with a corporation –

(1) convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agencyhas considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or

(2) that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(b) The offeror represents that, as of the date of this offer –

(1) the offeror is [ ] is not [ ] a corporation convicted of a felony criminal violation under any Federal or State law within the preceding 24 months; and,

(2) the offeror is [ ] is not [ ] a corporation that has any unpaid Federal or State tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

(End of Provision)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (May 2014)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this con-tract 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)).

Alternate I (Aug 2007) of 52.222-50 (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) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

RFQP01191400020 Page 13 of 33

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.).

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C.

6101 note).

(5) [Reserved]

(6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

XX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug, 2013) (31 U.S.C. 6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

XX (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub.

L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

(11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

XX (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(13) [Reserved]

(14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

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

(ii) Alternate I (Oct 1995) of 52.219-7.

(iii) Alternate II (Mar 2004) of 52.219-7.

(16) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3).

(17)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (Oct 2001) of 52.219-9.

(iii) Alternate II (Oct 2001) of 52.219-9.

(iv) Alternate III (Jul 2010) of 52.219-9.

(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

(19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(21)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

(ii) Alternate I (June 2003) of 52.219-23.

RFQP01191400020 Page 14 of 33

(22) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (Jul 2013) (Pub. L.

103-355, section 7102, and 10 U.S.C. 2323).

(23) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

(24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

XX (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

(26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

(27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

XX (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

XX (29) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

XX (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

XX (31) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

(32) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

XX (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(34) 52.222-37, Employment Reports on Veterans, (Sep 2010) (38 U.S.C. 4212).

(35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

(36) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of com-mercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.

6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.).

(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.).

(38) 52.223-15, Energy Efficiency in Energy Consuming Products (Dec 2007) (42 U.S.C. 8259b).

(39)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment…