RFQ3061200002 CATHOLIC CHAPLAIN SERVICES.pdf

I SOLICITATION NO. RFQP03061200002

CATHOLIC CHAPLAIN SERVICES

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF PRISONS

MDCGUAYNABO

GUAYNABO, PR 00965-5700

QUOTATION SENT BY MAIL

SHALL BE ADDRESSED TO:

HAND CARRIED QUOTATIONS

SHALL BE DELIVERED TO:

NUMBER:

DATE FOR RECEIPT OF QUOTES

TIME FOR RECEIPT OF QUOTES

OFFICE DESIGNATED TO RECEIVE QUOTES

Federal Bureau of Prisons MDC Guaynabo PO Box 2008 Catano, PR 00963-2008 ATTN: Heriberto Pagan, Supervisory Contract Specialist, Federal Bureau of Prisons MDC Guaynabo 652 Road 28 Guaynabo, PR 00965-5700 ATTN: Heriberto Pagan, Supervisory Contract Specialist, Carlos Colon, Contract Specialist or Juanita Rivera, Procurement and Property Specialist

1103-0018

Friday, May 18, 2012

3:00 P.M. ET

Financial Management: Procurement Section

U.S. Department of Justice Federal Bureau of Prisons Metropolitan Detention Center Guaynabo

Financial Management Department P. O. Box 2008 Catano, Puerto Rico 00963-2008

April 23, 2012

Re: RFQP03061200002, Catholic Chaplain Services Metropolitan Detention Center, Guaynabo, Puerto Rico

This letter precedes a solicitation package prepared by the Federal Bureau of Prison, MDC Guaynabo, for the provision of Non-personal services Catholic Chaplain Services to be provided on-site at the Metropolitan Detention Center Guaynabo. This package contains the following:

Solicitation (29 pages) Attachments (16 pages)

This package contains a total of 45 pages (including this cover letter) and has all the necessary information for submitting a quote.

In submitting a quote, quoters should consider all information provided herein. Detailed instructions regarding submission of quotes are listed in Section 4, of the solicitation document. Ommision from your quote of any information or documents required to be submitted may result in a determination that your quote is unacceptable.

Also, please use the form attached to this letter, OF-17, Notice to Offerer, to identify your quote to rnailroom personnel.

Sealed quotes, signed by an individual authorized to bind the quoter, shall be received on or before the deadline of May 15, 2012, at 3:00 p.m. Eastern Time. Quotes shall be submitted to the following address:

Heriberto Pagan, Supervisory Contract Specialist Federal Bureau of Prisons, MDC Guaynabo 652 Road 28 Catano, P.R. 00965-5700

"United in Mission, Strengthened through Diversity"

Hand-carried quotes must be delivered to the Contracting Officer at the address shown above no later than the time specified as the deadline for receipt of quotes.

The official point of receipt for hand-carried quotes will be in the front lobby area at the address listed above. 24 hour advanced notification is required for hand carried quotes.

Quotes received after the deadline will be processed pursuant to Federal Acquisition Regulations 52.212-1 (f). Electronic submission of quotes will not be accepted. Please do not submit quotes to any location other than the one listed above.

All potential quoters are advised that this solicitation includes the clause at FAR 52.212- 4 for Commercial Items, at paragraph (t) Central Contractor Register (CCR). This clause requires all contractors doing business with the Federal Government to be registered during performance and through final payment of any contractor for the accuracy and completeness of data within the CCR database. Quoters shall include their Data Universal Numbering System or D-U-N-S numbering their quotes. The Contracting Officer will verify registration in the CCR database prior to award by entering the potential awardee's DUNS number into the CCR Database. Failure to complete the registration procedures may result in elimination from consideration for award.

All communications regarding this RFQ, including any of a technical nature, must be made in writing to the Contracting Officer. Questions or comments may be faxed to my attention at (787) 775-7913 or preferably, submitted electronically to me at hpagan@bop.gov . All inquiries received will be considered and responses will be provided when appropriate.

I appreciate your consideration to provide service to the Federal Bureau of Prisons and look forward to receipt of your quote.

Sincerely, llsll Heriberto Pagan

"United in Mission, Strengthened through Diversity"

RFQP03061200002 Pagel of 29

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER OMB Clearance Control Number:

1103-0018

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

1. ORDER NUMBER 5. SOLICITATION NUMBER

RFQP03061200002

6. SOLICITATION ISSUE

DATE

04/23/2012

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (Wo collect calls) B. OFFER DUE DATE / LOCAL

TIME

05/1S/2Q12 15:00:00

9, ISSUED BY CODE GUA

Federal Bureau of Prisons MDC Guaynabo HWY 28 Intersection of Road 165 Guaynabo, PR 00922

10. THE ACQUISITION IS

DUNRESTRICTED OR X SET ASIDE:

NAICS: 813110

SIZE STANDARD: D05

X SMALL BUSINESS

HUB20NE SMALL BUSINESS

DSERVICE-DISABLED VETERAN

OWNED SMALL BUSINESS

8(A)

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

D SEE

SCHEDULE

12, DISCOUNT TERMS

NET 30

13h. RATING

. 13a. THiS CONTRACT ISA

RATED ORDER UNDER DPAS

I l(1SCFR700) 14. METHOD OF SOLICITATION

RFQ 1FB

15. DELIVER TO

Federal Bureau of Prisons MDC Guaynabo HWY 2S Intersection of Road 165 Guaynabo, PR 00922

CODE GUA 16. ADMINISTERED BY

Federal Bureau of Prisons MDC Guaynabo

PO BOX 2008

CATANO,PR00963-200S

CODE QUA

17a. CONTRACTOR/

OPFEROR

CODE FACILITY

CODE

IBa, PAYMENT WILL BE MADE BY

Federal Bureau of Prisons MDC Guaynabo

PO BOX 2008

CATANO, PR 00963-2008

CODE GUA

TELEPHONE NO.

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

D 19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

TO PROVIDE CATHOLIC CHAPLAIN SERVICES IN

ACCORDANCE WITH THE STATEMENT OF WORK.

THE SIZE STANDARD DOS = S5.0 MILLION.

See Continuation Sheet(s) (jJteJtmeritandAH-AllxliAilifulaaalSifaiiaKfCfsiHiiy)

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK IBa UNLESS BLOCK BELOW IS CHECKED |~j SEE ADDENDUM

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

25, ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govl. 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 [x] ARE [ I ARE NOT ATTACHED

|—| 27h. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR S2.212-4. 52.212-5 IS ATTACHED. ADDENDA I 1 ARE I—I ARE NOT ATTACHED

D 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

D

29. AWARD OF CONTRACT: REF. OFFER DATED

YOUR OFFER ON SOLICITATION (BLOCKS) 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)

Hcriberto Pagan

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 10/2010)

Prescribed by GSA - FAR (48 CFR) 53.212

RFQP03061200002 Page 2 of 29

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT -

23.

UNIT PRICE

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED Q] INSPECTED Q 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

33. SHIP NUMBER

[~] PARTIAL [~l FINAL

34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

[^COMPLETE [^PARTIAL

37. CHECK NUMBER

38. SIR ACCOUNT NO. 39. S/R VOUCHER NUMBER

41a. ] CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 10/2010) BACK

RFQP03061200002 Page 3 of 29

Table of Contents

Section

Description Page Number

Solicitation/Contract Form 1 Commodity or Services Schedule 4

2A SCHEDULE OF ITEMS 4

2B SOW 5

Contract Clauses S 52.216-18 Ordering (Oct 1995) 8 52.216-19 Order Limitations (Oct 1995) 9 52.216-21 Requirements (Oct 1995) 9 52.217-8 Option to Extend Services (Nov 1999) '. 9 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 9 52.21-603-70 Contract Monitor (CM) (AUG 200S) 10 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005) 10

52.27-103-72 DOJ RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004) 11

52.212-3 Offeror Representations and Certifications-Commercial Items (Feb 2009) 23 52.212-5 Alt I Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (May 2009) - Alternate I (Feb 2000) 13 52.224-102 (a) SECURITY OF SYSTEMS AND DATA, INCLUDING PERSONALLY

IDENTIFIABLE INFORMATION (MAR 2008) 11

52.224-102(b) INFORMATION RESELLERS OR DATA BROKERS (MAR 2008) 12 52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984) 13 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) 13

List of Attachments 17

SPECIAL CONTRACT CONDITIONS 17

Solicitation Provisions 19

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005)... 20

52.216-1 Type of Contract (Apr 1984) 20 52.233-2 Service of Protest (Sept 2006) 20 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) 21

COMMON LAW EMPLOYEE PROVISION (OCT 2003) 21

FREEDOM OF INFORMATION ACT 22

RFQP03061200002 Page 4 of 29

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO.

SUPPLIES/SERVICES

BASE YEAR: EFFECTIVE DATE OF AWARD (EDOA) THROUGH

12 MONTHS FROM EDOA (ESTIMATED MAXIMUM)

BASE YEAR: 13 MONTHS FROM EDOA THROUGH 24 MONTHS

FROM EDOA

BASE YEAR: 25 MONTHS FROM EDOA THROUGH 36 MONTHS

FROM EDOA

QUANTITY

119.000000

119.000000

119.000000

UNIT

ss ss ss

UNIT PRICE

AMOUNT

S

SMALL BUSINESS

2A SCHEDULE OF ITEMS

CONTRACT PRICING/PRICING METHODOLOGY: The contractor shall provide Catholic Chaplain services upon request by the institution as detailed in the Statement of Work. The contract rate for these services shall be on a per session basis. The contractor shall include all associated charges to the Government for providing the services required by this solicitation/contract (e.g., insurance, overhead, profit, minimum wages, etc.). Note: There will be a processing time at the institution prior to admittance that should be re-flected in the price quoted per session. You are hereby notified that an offer of contract award shall he extended to the responsive/re-sponsible quoter submitting in accordance with FAR 52.212-1 (g). The quantity of supplies to be provided by the contractor is estim-ated in the Schedule of Items. These estimates are not a representation to a quoter or contractor that the estimated quantities will be required or ordered, or that conditions effecting requirements will remain stable or normal. Contract pricing shall include all charges to the Government for performing the services required by this solicitation/contract. You are required to submit a completed copy of the Schedule of Items inclusive of the base year and all option periods. Pursuant to FAR 17.203(b), the Government's evaluation shall be inclusive of options. Pursuant to FAR 17.2Q3(d), the quoter may offer varying prices for options, depending on the quantities actu-ally ordered and the dates when ordered.

ORDERING OFFICIAL: In accordance with FAR 52.216-18, request for services will be made via issuance of individual task or-ders. Task orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for the institution with an appropriate certificate of appointment.

SCHEDULE OF ITEMS: As the propective contractor, you must complete the above schedule of items completely and accurately.

You are encouraged to submit multiple offers representing alternative terms and conditions for commercial items that satisfy the re-quirements of this solicitation. Each quote submitted will be evaluated separately.

If the resulting contract is made to an individual, the provision of these sendees has been determined to meet certain criteria for creat-ing common law employee relationship. Therefore, the FBOP is responsible for the payment of PICA taxes (7.65%) and the withhold-ing of the individual's taxes. These responsibilities apply only when award of this solicitation is made to an individual. It does not ap-ply to companies or individuals that are incorporated. For evaluation purposes, an additional 7.65% will be added to the price submit-ted by individuals who are not incorporated. It has been determined that Bookbinding Instructor services is classified as a Common Law position.

CONTINUATION OF SF1449 - BLOCKS 10 AND 17a

Block 10: Notice of 100% set-aside for Small Business. Any award resulting from this solicitation will be made to a small business concern. Contractor agrees that in the performance of the contract for these sendees, at least 50 percent of the cost of contract per-formance incurred for personnel shall be expended for employees of the concern in accordance with FAR clause 52.219-14 Limita-tions on Subcontracting.

RFQP03061200002 Page 5 of 29

Employed: Services are provided on behalf of an entity and receive a W-2 form from your employer.

Self-Employed or Sub-Contractor: Services are provided as an independent contractor and pay self-employment taxes using a 1099 form.

Block 17a.: Contractors Contract administration matters will be handled by:

Contractor's Name/Title/Address/City/State/Zip (please print or type)

Telephone Number:

Fax Number:

E-mail Address:

[End of Contract Administration Data]

2B SOW

CATHOLIC CHAPLAIN SERVICES

GENERAL REQUIREMENTS: The Federal Bureau of Prisons (FBOP), Metropolitan Detention Center, Guaynabo, Puerto Rico, intends to make a single award to a responsible entity of a firm-fixed price indefinite delivery/requirements type contract resulting from this solicitation for the services of Catholic Chaplain Sendees for the Religous Services Department which meets the require-ments outlined in this statement of work. Services will be provided for the inmates incarcerated at the Metropolitan Detention Center (MDC) Guaynabo, Puerto Rico, hereinafter referred to as MDC Guaynabo. General Information regarding the FBOP, its facilities, and referenced Program Statements can be located at www.bon.gov.

PLACE OF PERFORMANCE: Services to be provided under this contract will be performed at MDC Guaynabo, Religious Ser-vices Department, located at RD 165 and Road 28, Catano, Puerto Rico 00962-5700, an administrative facility designed to house pre-trial and holdover male and female inmates. Contractor(s) will provide religious services in the various units of the institution and in the centralized area. The contract will require frequent and unsupervised contact with inmates.

DESCRIPTION OF SERVICES: The contractor(s) shall provide, on a non-discriminatory basis, Catholic Mass and, at times, con-fessions or other sacramental ministry to Catholic inmates at MDC Guaynabo. The contractor must have the ability to be open to min-istry in an environment with individuals and or groups of diverse religious backgrounds. (Ecumenical Services may be held several times a year.)

SCHEDULE: Ordinarily four contract religious services are to be scheduled weekly (if 11 units are open). The contractor's schedule will consist of approximately 3 sessions per contractor per week. A session is defined as one (1) hours, not to exceed 30 hours per week. The contractor will be available for at least one religious service on Sunday as needed. Other sessions to be provided on Sat-

RFQP03061200002 Page 6 of 29 urday and/or other days as requested by the supervisory chaplain. Contractor(s) will provide, as needed, sendees on Thanksgiving (Ecumenical Service), Christmas Eve/Day, New Year's Eve/Day, Holy Thursday, Good Friday (Ecumenical Service), Feast of Corpus Christ! and other days of religious observance as requested by the institution. Contractor(s) are not required to work non-religious Fed-eral holidays.

SUPPLIES: All supplies that the contractor(s) may routinely need, will be provided by the Metropolitan Detention Center- Guaynabo. Any supplies and equipment utilized by the contractor(s) will be accountable and no supplies or equipment may be re-moved from the institution. All supplies or materials needed for Catholic Mass and sacramental rites/rituals must be requested from the CM (Contract Monitor).

SPECIAL QUALIFICATIONS: Vendors responding to this solicitation must complete and submit with their quote the attached form, "Credentials of Religious Services Contractor" (Attachment I). Vendors should submit two personal references and one current letter of endorsement from their local religious organization. After review of these documents by Bureau of Prisons staff, vendors may be requested to submit additional documents for review or be interviewed by Bureau of Prisons staff.

Vendors failing to submit any of the required documents or participate in an interview (when required) will be removed from further consideration for award. Vendors providing unfavorable responses to the Credentials Form, or in the interview, may be ineligible for award.

1. Contractor(s) must be ordained Roman Catholic priest and able to provide two personal references and a current letter of endorse-ment indicating good standing with his church.

2. Contractor(s) to have a Bachelor degree, a Master in Theology, or Master of Divinity degree, or have completed all course work of the mentioned Master's degree.

3. Must have a minimum of two years of pastoral experience.

4. Previous experience in some form of chaplaincy recommended.

5. Preferred that the contractor(s) have a minimum of six months clinical training or its equivalent.

6. Must be bilingual (English and Spanish).

7. Pastoral experience in a correctional setting is preferred, but not required.

8. Must be able to submit all documentation and current letter of endorsement with application forms.

RECORDS REQUIRED: Documentation to support education and experience must be provided at time of quote. Having work ex-perience in a correctional setting is preferred, but not required.

Any records maintained by the contractor(s) will remain the property of MDC, Guaynabo, Puerto Rico. The performance of these ser-vices will also be verified by the designated Contract Monitor.

APPLICABLE FEDERAL, STATE AND LOCAL REGULATIONS: The contractor agrees to adhere to all applicable federal, state and. local laws and regulations as prescribed for the area of expertise. The contractor agrees to adhere to all regulations prescribed by the institution for the safety, custody, and conduct of inmates. The prospective contractor shall attend an orientation program prior to assuming duties at the institution. Reimbursement to the contractor for all time spent in institution orientation or other specific se-curity related training will be allowed at a prorated session rate.

INMATE MANAGEMENT: The contract will require frequent unsupervised contact with inmates. The contractor will not be re-sponsible for the management of inmates involved in activities within the contractor's scope of work.

INSTITUTION SECURITY: The contractor will be cleared for work by standard Federal Bureau of Prisons policy. The contractor

(s) will agree to adhere to all regulations prescribed by the institution for safety, custody and conduct of inmates. The offeror(s) shall attend an orientation program prior to assuming institution involvement. Reimbursement to the contractor(s) for time spent in institu-tion orientation or other specific related training will be allowed at the pro-rated session rate. The contractor(s) will be in daily contact

RFQP03061200002 Page 7 of 29 with, pretrial and convicted felons, and detained aliens. The contractor will conduct himself in an appropriate manner at all times and report immediately (before leaving the institution) any infraction of rules and regulations by inmates/detainees to the Religious Ser-vices staff. SECURITY REQUIREMENTS: In accordance with the Bureau of Prisons Program Statement 3000.3, Contract Secur-ity, security clearances must be accomplished before the contractor is allowed in the institution, to include verification of credentials and law enforcement checks. Due to the nature of the correctional setting, delays in performance of work may be expected such as in-clement weather, electrical or mechanical problems, or other security matters.

All contract staff that will enter the MDC to perform services shall be required to attend a four to eight hour institution orientation course held atthe MDC or a mutually acceptable site. A "refresher" orientation must be completed annually. Reimbursement to the contractor for institution orientation or other refresher orientation training will be at the prorated contract session rate. ANY CONTRACTOR OR EMPLOYEE OF A CONTRACTOR THAT DOES NOT RECEIVE A SATISFACTORY REPORT

SHALL NOT BE PERMITTED ON GOVERNMENT PROPERTY TO RENDER SERVICES.

NON-PERSONAL SERVICES STATUS: This is a contractual agreement and not a personal appointment, and does not constitute an employer/employee relationship. All duties outlined in the Statement of Work shall be performed in accordance with standards and methods generally accepted within the contractor's own field of expertise. Payment shall be based on provision of an end product or the accomplishments of specific results and the results to be obtained shall be entirely with the contractor's own unsupervised determ-ination. The contractor will not be subject to Government supervision, except for security related matters. However, contractor per-formance shall be monitored for quality assurance.

GENERAL TOPICS APPROPRIATE FOR USE IN A CORRECTIONAL SETTING:

1. Articles of Faith (Nicene and Apostles Creed)2. Catholic MoralityS. Sacraments4. Days of Obligation and Sunday Wor-shipS. Understanding Sacred Scripture6. Annual Lectionary Readings?. Christian LivingS. The Place of Devotion in the Life of Cath-olics9. Seasons of the Church YearlO. Veneration of Saints 11. Adoration Reserved for God Alonel2. Celebration of the Eucharist (ritual practices)'! 3. EcumenismH. Understanding SinlS. Reconciliation^. The Role of the Family in Catholic Lifel?. Spirituality 18. The Disciplines of the Church (Fasting, etc..)19. Sacramentals20. Catholic Social Teachings

Documentation to support education and experience must be provided at time of quote. Having work experience in a correctional set-ting is preferred, but not required.

METHOD OF PERFORMANCE: The contractor has sole responsibility and discretion for choosing and implementing the manner and method of performing tasks outlined in this Statement of Work as long as the requirements are performed in accordance with the policies referenced, standards and methods generally accepted within the Contractor's field of expertise. The services, although not directly supervised, shall be reviewed by institution education staff to ensure contract compliance in accordance with FBOP Policy.

Contract monitoring reports will be prepared by the CM and maintained in the contract file.

INMATE MANAGEMENT: Provisions of services under this contract will require frequent, unsupervised contact with inmates.

The contractor will not be responsible for the management of inmates, other than to ensure that those inmates involved in activities within the contractor's scope of services shall abide by all rules in effect to insure their safety and well-being. The contractor agrees to adhere to all regulations prescribed by the institution for the safety, custody, and conduct of inmates. The contractor is to be con-stantly aware of security and maintain a professional relationship with inmates at all times. Any violation of the institution rules and regulations are to be brought immediately to the attention of any Government employee of MDC Guaynabo, and also report it to the CM for proper action.

RESTRICTIONS ON CONTRACT WORKERS: The Contractor shall not supervise inmates, supervise FBOP staff, participate in inmate accountability, requisition, sign for, or pick up supplies, formulate policy or procedures, or attend meetings, recalls or staff functions.

MISCELLANEOUS INFORMATION: In accordance with the FBOP Acquisition Policy, Part 37.103(e), the following provisions are applicable to the work being performed in the contract and the contractor is expected to complete all tasks outlined in this state-ment of work. This position is a contract position only and does not provide fringe benefits such as Health Care, Retirement, Vacation or Sick Time. The contract base year is from the effective date of award through twelve months. Two additional one-year options may be awarded as services are completed throughout the first and/or subsequent years of award. Payment is based on the provision of an end product or accomplishment of a specific result. No contract will be awarded to a contractor whose personnel have not met the qualifications outlined in this statement of work. Individual contractor selection is subject to appropriate security and limited background investigation, including a Drug Free Workplace evaluation (urine test for drugs/narcotics).

RFQP03061200002 Page 8 of 29

Section 3 - Contract Clauses

A.I ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Items (Mar 2009)

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 (FEE 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.arnet.gQY/far

Clause

52.253-1

52.237-2

52.232-18

52.224-2

52.224-1

52.223-5

52.212-5

52.212-4

52.204-9

52.204-4

Title

Computer Generated Forms (Jan 1991)

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

Availability Of Funds (Apr 1 984)

Privacy Act (Apr 1984)

Privacy Act Notification (Apr 1 984)

Pollution Prevention and Right-to-Know Information (Aug 2003)

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

2009)

Contract Terms and Conditions-Commercial Items (Mar 2009)

Personal Identity Verification of Contractor Personnel. (Sept 2007)

Printed or Copied Double-Sided on Recycled Paper (Aug 2000)

Clauses by Full Text

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 PER- FORMANCE PERIOD through THE LAST DAY OF THE EFFECTIVE PERFORMANCE PERIOD.

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

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

--RFQP03061200002 Page 9 of 29

(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 (1) SESSION, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of THE ESTIMATED QUANTITIES IDENTIFIED IN THE SCHEDULE OF ITEMS;

(2) Any order for a combination of items in excess of THE ESTIMATED QUANTITIES IDENTIFIED IN THE SCHEDULE OF ITEMS; or •

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

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limita-tions in paragraph (b), unless that order (or orders) is returned to the ordering office within 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 Govern-ment may acquire the supplies or services from another source.

(End of clause)

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 THE LAST DAY OF THE EFFECTIVE PERFORM-

ANCE PERIOD.

(End of clause)

52.217-8 Option to Extend Services (Nov 1999) ^

The Government may require continued performance of any sendees within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Of-ficer may exercise the option by written notice to the Contractor within OR PRIOR TO EXPIRATION OF THE CURRENT PER-

FORMANCE PERIOD.

52.217-9 Option to Extend the Term of the Contract (Mar 2QQO)

RFQPQ3061200002 Page 10 of 29

(a) The Government may extend the term of this contract by written notice to the Contractor within OR PRIOR TO EXPIRATION OF THE CURRENT PERFORMANCE PERIOD; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least THIRTY (30) OR UP TO SIXTY (60) days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed THREE (3) YEARS, BUT EXCLUDING THE EXERCISE OF ANY OPTION UNDER THE CLAUSE 52.217-8, OPTION TO EXTEND SERVICE

(NOV 1999), WHICH IS INCORPORATED INTO THIS CONTRACT IN FULL TEXT.

(End of clause)

52.21-603-70 Contract Monitor (CM) (AUG 2008)

(a)JUAN CINTRON ,STAFF CHAPLAIN , INTERSECTION OF ROAD 165 AND "ROAD 28, CANTANO, PR 00962-5700,787-749-4880, is hereby designated as the Contract Monitor (CM) under this contract

(b) The CM is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provide here-under 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 in-voices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The CM 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.

52.24-403-70 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) * entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I.I. Long-Term Contractor Personnel:

In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 con-tractor employee whose background investigation (BI) process begins on or after October 27, 2005:a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form 1-9, OMB No.

1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued pic-ture ID);

b. Contractor Personnel must appear in person at least once before a DOT 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 DOT 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 p re-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 (NAG) portion of the applicable BI that is determined by position sensitivity/ risk level.

A badge may be issued following approval of the above waiver requirements.If the NAC is not received within five days of OPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau of Invest-igation Criminal History Check (i.e., fingerprint check results), e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges issued under these procedures will be suspended or revoked.2. Short- Term Contractor Personnel:

It is the policy of the DOT 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 Ib. 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; and d.

Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commensur-ate BI does not need to be initiated.

RFQP030612Q0002 Page 11 of 29

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

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

3. Intermittent Contractors:

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

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

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

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

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

e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year. 4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated BI meeting HSPD-12 and DOJ's BI requirements.

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

Notes:

1. FIPS 201 is available at: wwvxsrc.nist.gov/publications/fips/fips2Ql/FIPS-201-022505.pdf

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

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

4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations to 0PM. Per 0PM'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]

52.27-103-72 DQJ RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2QQ4)

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; or3. 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/htal/citizen.htm

By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.

[End of Clause]

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

RFQP03061200002 Page 12 of 29

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 DO! 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;

1. Laptops must employ encryption using aNIST FederalJjiformation Processing Standard (FTPS) 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-read-able data extracts from databases holding sensitive information and verify each extract including 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 Depart-ment;5. Contractor-owned removable media, such as removable hard drives, flash drives, CDs, and floppy disks, containing D JB data, shall not be removed from DOJ facilities unless encrypted using aNIST 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 accordance with security require-ments 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 accomplished in accordance with DOJ IT Security Standard re-quirements. Certification of data removal will be performed by the Contractor'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 (1-866-874-237S) 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-

RFQP03061200002 Page 13 of 29 ceives further instruction from the Department.

[End of Clause]

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

Funds are not presently available for performance under this contract beyond SEPTEMBER 30 OF THE BASE YEAR AND ANY OPTION YEAR EXERCISED. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Govern-ment for any payment may arise for performance under this contract beyond SEPTEMBER 30 OF THE BASE YEAR AND ANY OP- TION YEAR EXERCISED, until funds are made available to the Contracting Officer for performance and until the Contractor re-ceives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

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

(a) "Unsafe condition" as used in this clause means the actual or potential exposure of contractor or Government employees to a haz-ardous material as defined in Federal Standard No.