RFQP02101600017_FBO.pdf

Field Acquisition Office

Re: RFQP02l01600017-Elevator Maintenance Services Federal Bureau of Prisons Metropolitan Correctional Center (MCC), New York

Dear Quoter:

U.S. Department of Justice

Federal Bureau of Prisons Administration Division

Grand Prairie, Texas 75051

June 8, 2016

This cover letter precedes a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the acquisition of Elevator Maintenance Services for MCC New York. This package contains all the necessary information for submitting a quote for evaluation.

All potential quoters are advised that this solicitation includes the clause FAR 52.212-4 for Commercial Items, which at paragraph (t) System for Award Management (SAM), requires all contractors doing business with the Federal Government to be registered in the SAM database. Quoters should include their Data Universal Number System (DUNS) number in their offers. The Contracting Officer will verify registration in the SAM database prior to award by entering potential awardee ' s DUNS number into the SAM database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award.

All quotations must be received on or before the deadline of June 22, 2016, at 2:00 p.m. Central Time. Quotes shall be submitted to the following address:

Federal Bureau of Prisons Field Acquisition Office Attention: Nicole Rumsey, Contract Specialist U.S. Armed Forces Reserve Cqmplex 346 Marine Forces Grand Prairie, Texas 75051

Mailed and hand-carried quotes must be delivered to the Contract Specialist at the address shown above no later than the time specified as the deadline for receipt of quotes. Quoters wishing to hand-carry quotes must provide written notification to the Contracting Officer, no less than 24 hours in advance of arrival, so that arrangements may be made with the base security personnel.

The official point of receipt for hand-carried quotes will be the first floor reception area. PLEASE DO NOT SUBMIT QUOTES TO ANY LOCATION OTHER THAN THE ONE LISTED ABOVE. E-mailed quotes will be accepted in pdf format only and will be deemed received at the time received as indicated on the e-mail notification. E-mails rejected by filters are not the responsibility of the government. Quotes received after the deadline will be handled in accordance with FAR provision 52.212-l (f) .

No faxed quotes will be accepted.

Should you have any questions, please make these inquiries in writing. Questions may be submitted via e-mail to nrumsey@bop.gov.

Sincerely, Nicole B. Rumsey, Contract Specialist Federal Bureau of Prisons

RFQP02101600017 Page 1

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30 0601-16

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE NUMBER DATE

RFQP02 I016000 17 06/8/2016

7. FOR SOLICITATION INFORMATION a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE I LOCAL

CALL: TIME

nrumsev@boQ.gov (0) 972-352-4538 (F) 972-352-4545 06/22/2016 14:00:00

9. ISSUED BY CODE I BFAO 10. THE ACQUISITION IS D UNRESTRICTED OR [XI SET ASIDE:100 %FOR

Federal Bureau of Prisons Kl SMALL BUSINESS D WOMEN·OWNED SMALL BUSINESS (WOSB)

Field Acquisition Office

ELIGIBLE UNDER THE WOMEN-OWNED

D HUBZONE SMALL SMALL BUSINESS PROGRAM

NAICS: 238290

U.S. Armed Forces Reserve Complex BUSINESS D EDWOSB

346 Marine Forces Drive D SERVICE-DISABLED SIZE STANDARD: $15,000,00 Grand Prairie, TX 7505 1

VETERAN-OWNED D SMALL BUSINESS 8(A)

11 . DELIVERY FOR FOB 12. DISCOUNT

DESTINATION UNLESS BLOCK IS TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS MARKED

D (15 CFR 700) 13b. RATING

D sEE h4. METHOD OF SOLICITATION

SCHEDULE 0 RFQ D FB D RFP

ll b . A U M INl::i I t:Kt:U tlY CODE I 15. DELIVER TO CODE Federal Bureau of Prisons

Federal Bureau of Prisons FCI Fort Dix Contracting Office

MCCNEWYORK

150PARKROW

5756 Hartford & Pointville

NEW YORK, NY I 0007

Joint Base MDL, NJ 08640

17a. CONTRACTOR/ CODE I I

FACILITY I 18a. PAYMENT WILL BE MADE BY CODE I OFFEROR CODE

Federal Bureau of Prisons Accounts Payable

FCI Fort Dix PO Box 38 Joint Base MDL, NJ 08640 p:t cou " NF "'"

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

OFFER

18b. SUBMIT INVOICEt:l ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED SEE ADDENDUM

19. 20. 21 . 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

TO PROVIDE ELEV ATOR MAJNTENANCE

SERVICES FOR MCC NY.

0 001 Base Year Date of award through 12 months I YR

0 002 Option Year 1-1 3 months through 24 months I YR

003 Option Year 2-25 months through 36 months I YR

004 Option Year 3-37 months through 48 months I YR

005 Option Year 4-49 months through 60 months I YR

006 *Six Month Option Period (see 2.1) I YR

See Continuation Sheet(s) { Use Revt!~ and/or Attach Additional Sheets as Necrssa,..,)

25. ACCOUNTING AND APPROPRIATION DATA 1 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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

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

D 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN __ COPIES TO D 29. AWARD OF CONTRACT REF. OFFER ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH DATED . YOUR OFFER ON SOLICITATION (BLOCK 5) OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, TERMS AND CONDITIONS SPECIFIED. IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (S/GNA TURE OF CONTRACT/NG OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRIN1)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRIN1) 31c. DATE SIGNED

N. Rumsey

STANDARD FORM 1449 (REV. 0212012)

Prescribed by GSA - FAR (48 CFR) 53.212

I

RFQP02101600017

Section 2 - Pricing

2.0 CONTINUATION OF SF1449BLOCK19, 20, 21, 22, 23, AND 24

The Contractor shall provide non-personal services, upon request by the institution as detailed in the Statement of Work (SOW). The Government reserves the right to award without discussion. Therefore, the initial quote should contain the quoter's best terms from a cost or price standpoint. Services are required to be provided in accordance with the SOW included in Attachment I.

PRICING METHODOLOGY: Contract pricing shall include all charges to the Government for performing the services required by this solicitation/contract.

You are encouraged to submit multiple quotes representing alternative terms and conditions for commercial items that satisfy the requirements of this solicitation. The quantity of services to be provided by the Contractor is estimated. These estimates are not a representation to a quoter or Contractor that the estimated quantities will be required or ordered, or that conditions affecting requirements will remain stable or normal. The quoter is required to submit a completed copy of the Schedule of Items, located in Section 2.1 below, inclusive of the base year and all option period. Pursuant to FAR 17.203(b), the Government's evaluation shall be inclusive of options. Pursuant to FAR 17.203(d) , the quoter may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered. FAR 52.217-8 is an option to extend services of any such performance period and therefore the Government's evaluation of quoted pricing is inclusive of all base and options as related to FAR 52.217-8 and FAR 52.217-9. Should the Government elect to exercise the extension authorized by FAR 52.217-8, the total contract price shall increase.

SCHEDULE OF ITEMS/CONTRACT PRICING

The quantity of services to be provided by the Contractor is estimated below. These estimates are not a representation to a quoter or contractor that the quantities will be required or ordered or that the conditions affecting requirements will remain stable or normal. Contract pricing shall include all charges to the Government for performing the services required by this solicitation/contract. The quoters are required to submit a completed copy of section 2.1, inclusive of all base year and all option periods.

PERFORMANCE

The periods of performance of the resulting contract shall be as follows:

Base Year: Effective Date of Award (DOA) through 12 months from Effective Date of Award Option Year 1: 13 through 24 months from Effective Date of Award Option Year 2: 25 through 36 months from Effective Date of Award Option Year 3: 3 7 through 48 months from Effective Date of Award Option Year 4: 49 through 60 months from Effective Date of Award

The Contractor shall commence full performance of services under this contract within 30 calendar days from effective date of award of the contract. In accordance with FAR 46.503 and 46.403(a)(6), the place of acceptance for services under this contract is at the destination, MCC, NY.

ln accordance with the Federal Bureau of Prisons Acquisition Policy, Part 37.103 the following provisions are applicable to the work being performed in this contract. The service is a contractual arrangement and not a personal appointment;

payment is based on the provision of an end product or the accomplishment of a specific result; the service does not constitute an employer/employee relationship; and the contractor will not be subject to Government supervision, except for security related matters. However, contractor performance shall be closely monitored.

2.1 SCHEDULE OF ITEMS:

The quoter shall complete the following Schedule of Items:

BASE YEAR:

1) Monthly preventive maintenance for five elevators as outlined in the Statement of Work.

12 Months X $ =$ ___ _

2) Emergency callback repair service at regular wage for five elevators as outlined in the Statement of Work.

40HoillsX$ =$ ____ _

3) Emergency callback repair services at overtime wage for five elevators as outlined in the Statement of Work 20 Hours X $ =$ ____ _

Base Year Total$ _____ _

OPTION YEAR 1:

1) Monthly preventive maintenance for five elevators as outlined in the Statement of Work.

12 Months X $ =$ ___ _

2) Emergency callback repair service at regular wage to five elevators as outlined in the Statement of Work.

40 HOillS X $ =$ ____ _

3) Emergency callback repair services at overtime wage for five elevators as outlined in the Statement of Work.

20 Hours X $ =$ -----

Option Year 1 Total $ _____ _

OPTION YEAR 2:

1) Monthly preventive maintenance for five elevators as outlined in the Statement of Work.

12 onths X $ =$ ____ _

2) Emergency callback repair service at regular wage for five elevators as outlined in the Statement of Work.

40 Hours X $ =$ _ _ __ _

3) Emergency callback repair services at overtime wage for five elevators as outlined in the Statement of Work.

20 Hoills X $ =$ ____ _

Option Year2 Total$ _ ___ _

OPTION YEAR 3:

1) Monthly preventive maintenance for five elevators as outlined in the Statement of Work.

12 MonthsX$ =$ ____ _

2) Emergency callback repair service at regular wage for five elevators as outlined in the Statement of Work.

40 Hoills X $ =$ ____ _

3) Emergency callback repair services at overtime wage for five elevators as outlined in the Statement of Work.

20 Hoills X $ =$ _ ___ _

Option Year 3 Total $ ------

OPTION YEAR 4:

1) Monthly preventive maintenance for five elevators as outlined in the Statement of Work.

12 Months X $ =$ ___ _

2) Emergency callback repair service at regular wage for five elevators as outlined in the Statement of Work.

40HoursX$ =$ ____ _

3) Emergency callback repair services at overtime wage for five elevators as outlined in the Statement of Work.

20 Hours X $ =$ -----

Option Year 4 Total $ _____ _

**In accordance with FAR 52.217-8, the Government may exercise an option to extend the performance of services up to six months. This line item may be used any time during the life of the contract, not to exceed six months.

Six Month Option Period:

I) Monthly preventive maintenance for five elevators as outlined in the Statement of Work.

6 Months X $ =$ ___ _

2) Emergency callback repair service at regular wage for five elevators as outlined in the Statement of Work.

20 Hours X $ =$ ____ _

3) Emergency callback repair services at overtime wage for five elevators as outlined in the Statement of Work.

10HoursX$ =$ ____ _

Six Month Option Period Total$ ____ _

Total Base and All Options $ ____ _

Section 3 - Contract Clauses

A.1 APPENPUM TO FAR 52.212-4. Contract Terms and Condjtjons-Commercja! Items (May 2015\

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): htt12://www.acguisition.gov/far

Clause Title 52.228-5 Insurance - Work on a Government Installation (Jan 1997) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.237-1 Site Visit (Apr 1984)

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

52.216-18 Ordering (Oct 1995)

a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the first day of the effective contract period through the last day of the effective contract period.

b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile , or by electronic commerce methods only if authorized in the Schedule.

[End of clause]

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one month, the Government is not obligated to purchase, nor is the Contractor obligated to furnish , those supplies or services under the contract.

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

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

(2) Any order for a combination of items in excess of the estimated quantities identified in the Schedule of

Items within the current performance period; or

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

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal

Acquisition Regulation (FAR)) , the Government is not required to order a part of 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

(5) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the suppl ies or services from another source.

[End of Clause]

52.216-21 Requirements (Oct 1995) This is a requirements contract for the supplies or services specified , and effective for the period stated, in the Schedule.

The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by th is contract. Except as this contract may otherwise provide, if the Government's requ irements 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.

(a) 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.

(b) 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.

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

(d) 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 provid ing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(e) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be requ ired to make any deliveries under this contract after the last day of the effective contract period.

[End of clause]

52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of

Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor prior to expiration of the current performance period.

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor prior to the expiration of the current performance period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 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 th is clause. shall not exceed 5 years.

[End of clause]

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

NATIONAL EMERGENCY (May 2008) During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absenteeism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in Government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.

The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce. Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation.

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

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

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

• Implement telework to the greatest extent possible in the workgroup so systems are in place to support 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) . 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 accomplish work.

• Practice telework regularly to ensure effectiveness.

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

• Identify how time and attendance will be maintained .

It is the contractor's responsibility to advise the Government Contracting Officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her absence, another responsible person in the contracting office via telephone or email messages acknowledging the contractor's 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.

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]

52.24-403-70 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 1.1 . Long-Term Contractor Personnel:

In ordfr to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long term contractor employee whose background investigation (Bl) 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 Bl commensurate with the designated risk level associated with the duties of each position. Outlined below are the minimum Bl 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 Bl 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 Bl 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 Bl results so justify, badges issued under these procedures will be suspended or revoked .

2. Short-Term Contractor Personnel :

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

above. The pre-appointment waiver requirements for short-term contractors are:

a. Favorable review of the security questionnaire form;

b. Favorable fingerprint results ;

c. Favorable credit report, if required ; and

d. Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commensurate Bl does not need to be initiated.

A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of issuance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PIV-1 identity proofing process.

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

3. Intermittent Contractors:

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

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

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

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

d. If an intermittent contractor is approved for 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 Bl meeting HSPD-12 and DOJ's Bl requirements.

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

Notes:

1. Fl PS 201 is available at: www.csrc.nist.gov/publications/fips/fips201 /Fl PS-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-1 identity proofing process, including initiation and adjudication of the required background investigation, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-11) requires badge issuance to all affected long-term contractors.

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

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

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

[End of Clause]

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

(a) "Unsafe condition" as used in this clause means the actual or potential exposure of contractor or Government employees to a 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 Representative (COR) as potentially hazardous and requiring safety controls.

(b) The Occupational Safety and Health Administration (OSHA) is responsible for issuing and admin istering 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.

(End of Clause)

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

(a) The COR will be designated Charles Bekgran, Facility Manager, MCC NY.

(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 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 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 contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

[End of clause]

52.21-603.71 Evaluation of Contractor Performance Utilizing CPARS (April 2011) The services, although not directly supervised, shall be reviewed by the Federal Bureau of Prisons (BOP) staff to ensure contract compliance. The contractor's performance will be evaluated in accordance with FAR 42.15. Contract monitoring reports will be prepared by the Contracting Officer's Representative (COR) and maintained in the contract file.

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

[End of Clause]

Assessing the security controls of Covered Information Systems periodically to determine if the controls are effective in their application, developing and implementing

1. plans of action designed to correct deficiencies and eliminate or reduce vulnerabilities in such Information Systems, and monitoring security controls on an ongoing basis to ensure the continued effectiveness of the controls;

2. Monitoring, controlling , and protecting information transmitted or received by Covered Information Systems at the external boundaries and key internal boundaries of such Information Systems, and employing architectural designs, software development techniques, and systems engineering principles that promote effective security; and Identifying, reporting , and correcting Covered Information System security flaws in a timely manner, provid ing protection from malicious code at appropriate locations, monitoring security alerts and advisories and taking appropriate action in response.

B. Contractor shall not process, store, or transmit DOJ Information using a Covered Information System without first obtaining an Authority to Operate ("ATO") for each Covered Information System. The ATO shall be signed by the Authorizing Official for the DOJ component responsible for maintaining the security, confidential ity, integrity, and availability of the DOJ Information under this contract. The DOJ standards and requ irements for obtaining an ATO may be found at DOJ Order 2640.2, as amended. (For Cloud Computing Systems, see Section V, below.)

C. Contractor shall ensure that no Non-U.S. citizen accesses or assists in the development, operation , management, or maintenance of any DOJ Information System, unless a waiver has been granted by the by the DOJ Component Head (or his or her designee) responsible for the DOJ Information System, the DOJ Ch ief Information Officer, and the DOJ Security Officer.

D. When requested by the DOJ CO or COR, or other DOJ official as described below, in connection with DOJ's efforts to ensure compliance with security requirements and to maintain and safeguard against threats and hazards to the security, confidential ity, integrity, and availability of DOJ Information, Contractor shall provide DOJ , includ ing the Office of Inspector General ("OIG") and Federal law enforcement components, (1) access to any and all information and records, including electronic information, regarding a Covered Information System, and (2) physical access to Contractor's facil ities, installations, systems, operations, documents, records, and databases. Such access may include independent validation testing of controls, system penetration testing , and FISMA data reviews by DOJ or agents acting on behalf of DOJ , and such access shall be provided within 72 hours of the request. Additionally, Contractor shall cooperate with DOJ's efforts to ensure, maintain, and safeguard the security, confidentiality, integrity, and availability of DOJ Information.

E. The use of Contractor-owned laptops or other portable digital or electronic media to process or store DOJ Information covered by this clause is proh ibited until Contractor provides a letter to the DOJ CO, and obtains the CO's approval, certifying compliance with the following requirements:

1. Media must be encrypted using a NIST FIPS 140-2 approved product;

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

3. Where appl icable, media must utilize antivirus software and a host-based firewall mechanism;

4. Contractor must log all computer-readable data extracts from databases holding DOJ Information and verify that each extract including such data has been erased within 90 days of extraction or that its use is still required . All DOJ Information is sensitive information unless specifically designated as non-sensitive by the DOJ ; and,

5. A Rules of Behavior ("ROB") form must be signed by users. These rules must address, at a minimum, authorized and official use, prohibition against unauthorized users and use, and the protection of DOJ Information. The form also must notify the user that he or she has no reasonable expectation of privacy regard ing any communications transmitted through or data stored on Contractor-owned laptops or other portable digital or electron ic media.

F. Contractor-owned removable media containing DOJ Information shall not be removed from DOJ facilities without prior approval of the DOJ CO or COR.

G. When no longer needed, all media must be processed (sanitized, degaussed, or destroyed) in accordance with DOJ security requirements.

H. Contractor must keep an accurate inventory of digital or electronic media used in the performance of DOJ contracts.

I. Contractor must remove all DOJ Information from Contractor media and return all such information to the DOJ within 15 days of the expiration or termination of the contract, unless otherwise extended by the CO, or waived (in part or whole) by the CO, and all such information shall be returned to the DOJ in a format and form acceptable to the DOJ. The removal and return of all DOJ Information must be accomplished in accordance with DOJ IT Security Standard requirements, and an official of the Contractor shall provide a written certification certifying the removal and return of all such information to the CO within 15 days of the removal and return of all DOJ Information.

J. DOJ , at its discretion, may suspend Contractor's access to any DOJ Information, or terminate the contract, when DOJ suspects that Contractor has failed to comply with any security requirement, or in the event of an Information System Security Incident (see Section V.E. below), where the Department determines that either event gives cause for such action. The suspension of access to DOJ Information may last until such time as DOJ , in its sole discretion, determines that the situation giving rise to such action has been corrected or no longer exists. Contractor understands that any suspension or termination in accordance with this provision shall be at no cost to the DOJ , and that upon request by the CO, Contractor must immediately return all DOJ Information to DOJ , as well as any media upon which DOJ Information resides, at Contractor's expense.

I. Cloud Computing A Cloud Computing means an Information System having the essential characteristics described in NIST SP 800-145, The NIST Definition of Cloud Computing. For the sake of this provision and clause, Cloud Computing includes Software as a Service, Platform as a Service, and Infrastructure as a Service, and deployment in a Private Cloud, Community Cloud, Public Cloud, or Hybrid Cloud.

B. Contractor may not utilize the Cloud system of any CSP unless:

1. The Cloud system and CSP have been evaluated and approved by a 3PAO certified under FedRAMP and Contractor has provided the most current Security Assessment Report ("SAR") to the DOJ CO for consideration as part of Contractor's overall System Security Plan, and any subsequent SARs within 30 days of issuance, and has received an ATO from the Authorizing Official for the DOJ component responsible for maintaining the security confidentiality, integrity, and availability of the DOJ Information under contract; or,

2. If not certified under FedRAMP, the Cloud System and CSP have received an ATO signed by the Authorizing Official for the DOJ component responsible for maintaining the security, confidentiality, integrity, and availability of the DOJ Information under the contract.

C. Contractor must ensure that the CSP allows DOJ to access and retrieve any DOJ Information processed, stored or transmitted in a Cloud system under this Contract within a reasonable time of any such request, but in no event less than 48 hours from the request. To ensure that the DOJ can fully and appropriately search and retrieve DOJ Information from the Cloud system, access shall include any schemas, meta-data, and other associated data artifacts.

II. Information System Security Breach or Incident A Definitions

1. Confirmed Security Breach (hereinafter, "Confirmed Breach") means any confirmed unauthorized exposure, loss of control , compromise, exfiltration, manipulation, disclosure, acquisition , or accessing of any Covered Information System or any DOJ Information accessed by, retrievable from , processed by, stored on, or transmitted within , to or from any such system.

2. Potential Security Breach (hereinafter, "Potential Breach") means any suspected , but unconfirmed, Covered Information System Security Breach.

3. Security Incident means any Confirmed or Potential Covered Information System Security Breach .

B. Confirmed Breach. Contractor shall immediately (and in no event later than within 1 hour of discovery) report any Confirmed Breach to the DOJ CO and the CO's Representative ("COR"). If the Confirmed Breach occurs outside of regular business hours and/or neither the DOJ CO nor the COR can be reached , Contractor must call DOJ-CERT at 1- 866-US4-CERT (1-866-87 4-2378) immediately (and in no event later than within 1 hour of discovery of the Confirmed Breach), and shall notify the CO and COR as soon as practicable.

C. Potential Breach.

1. Contractor shall report any Potential Breach within 72 hours of detection to the DOJ CO and the COR, unless Contractor has (a) completed its investigation of the Potential Breach in accordance with its own internal policies and procedures for identification, investigation and mitigation of Security Incidents and (b) determined that there has been no Confirmed Breach.

2. If Contractor has not made a determination within 72 hours of detection of the Potential Breach whether an Confirmed Breach has occurred, Contractor shall report the Potential Breach to the DOJ CO and COR within one-hour (i .e., 73 hours from detection of the Potential Breach). If the time by which to report the Potential Breach occurs outside of regular business hours and/or neither the DOJ CO nor the COR can be reached , Contractor must call the DOJ Computer

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Emergency Readiness Team (DOJ-CERT) at 1-866-US4-CERT (1-866-874-2378) within one-hour (i.e., 73 hours from detection of the Potential Breach) and contact the DOJ CO and COR as soon as practicable.

D. Any report submitted in accordance with paragraphs (B) and (C), above, shall identify (1) both the Information Systems and DOJ Information involved or at risk, including the type, amount, and level of sensitivity of the DOJ Information and, if the DOJ Information contains Pll , the estimated number of unique instances of Pll , (2) all steps and processes being undertaken by Contractor to minimize, remedy, and/or investigate the Security Incident, (3) any and all other information as required by the US-CERT Federal Incident Notification Guidelines, including the functional impact, information impact, impact to recoverability , threat vector, mitigation details, and all available incident details; and (4) any other information specifically requested by the DOJ. Contractor shall continue to provide written updates to the DOJ CO regard ing the status of the Security Incident at least every three (3) calendar days until informed otherwise by the DOJ CO.

E. All determinations regarding whether and when to notify individuals and/or federal agencies potentially affected by a Security Incident will be made by DOJ senior officials or the DOJ Core Management Team at DOJ's discretion.

F. Upon notification of a Security Incident in accordance with this section, Contractor must provide to DOJ full access to any affected or potentially affected facility and/or Information System, including access by the DOJ OIG and Federal law enforcement organizations, and undertake any and all response actions DOJ determines are required to ensure the protection of DOJ Information, including providing all requested images, log files , and event information to facilitate rapid resolution of any Security Incident.

G. DOJ , at its sole discretion , may obtain , and Contractor will permit, the assistance of other federal agencies and/or third party contractors or firms to aid in response activities related to any Security Incident. Additionally, DOJ , at its sole discretion, may require Contractor to retain , at Contractor's expense, a Third Party Assessing Organization (3PAO), acceptable to DOJ , with expertise in incident response, compromise assessment, and federal security control requ irements, to conduct a thorough vulnerability and security assessment of all affected Information Systems.

H. Response activities related to any Security Incident undertaken by DOJ , including activities undertaken by Contractor, other federal agencies, and any third-party contractors or firms at the request or direction of DOJ, may include inspections, investigations, forensic reviews, data analyses and processing, and final determinations of responsibility for the Security Incident and/or liability for any additional response activities. Contractor shall be responsible for all costs and related resource allocations required for all such response activities related to any Security Incident, including the cost of any penetration testing .

Ill. Personally Identifiable Information Notification Requirement Contractor certifies that it has a security policy in place that contains procedures to promptly notify any individual who's Personally Identifiable Information ("Pll") was, or is reasonably determined by DOJ to have been, compromised. Any notification shall be coordinated with the DOJ CO and shall not proceed until the DOJ 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 Contractor shall be coordinated with , and subject to the approval of, DOJ . Contractor shall be responsible for taking corrective action consistent with DOJ Data Breach Notification Procedures and as directed by the DOJ CO, including all costs and expenses associated with such corrective action, which may include providing credit monitoring to any individuals whose Pll was actually or potentially compromised.

IV. Pass-through of Security Requirements to Subcontractors and CSPs The requirements set forth in the preceding paragraphs of this clause apply to all subcontractors and CSPs who perform work in connection with this Contract, including any CSP providing services for any other CSP under this Contract, and Contractor shall flow down this clause to all subcontractors and CSPs performing under this contract. Any breach by any subcontractor or CSP of any of the provisions set forth in this clause will be attributed to Contractor.

(End of Clause)

52.27-103-72 DOJ…