RFQP03061300008.pdf

U.S. Department of Justice

Federal Bureau of Prisons Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

Re:

Dear Quoter:

RFQ-P03061300008, Document Clerk Federal Bureau of Prisons

March 4, 2013

Metropolitan Detention Center, Guaynabo, Puerto Rico

This cover letter precedes a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the acquisition ofNon-Personal Services- Document Clerk for Guaynabo, PR.

This package contains all the necessary information for submitting a quote for evaluation.

When submitting quotes, quoters should consider all information provided herein. Please carefully follow all instructions located in the solicitation package concerning the content, format, and submission of quotes. Detailed information can be located in Section 5.1, Instructions to Quoters-Commercial Items.

All potential quoters are advised that this solicitation includes the clause FAR 52.212-4 for Commercial Items, which at paragraph (t) Central Contractor Registration (CCR), requires all contractors doing business with the Federal Government to be registered in the database. When you go to the CCR website, it will automatically forward you to the System for Award Management (SAM) at www.sam.gov.

Quoters should include their Data Universal Number System (DUNS) number in their quotes. The Contracting Officer will verify registration in the SAM database prior to award by entering the 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.

Sealed quotes shall be received on or before the deadline ofMarch 19; 2013, at 2:00p.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 Complex 346 Marine Forces Drive 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. Quotes received after the deadline will be handled in accordance with FAR provision 52.212-l(f). Faxed and emailed quotes will not be accepted.

Please place any questions you may have in writing and fax them to (972) 352-4545 to my attention. We will consider all questions received and provide responses, where appropriate.

If you have any other questions, please feel free to contact me at (972) 352-4538.

Sincerely, Is/

Nicole B. Rumsey, Contract Specialist Federal Bureau of Prisons

RFQP03061300008 Page 1 of 35

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER f->M t:l t;learance t;ontrol Number:

OFFEROR TO COMPLETE BLOCKS 12, 17, 23,24 & 30 II 03-0018

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

DATE DATE

RFQP03061300008 03/4/2013

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

7. FOR SOLICITATION TIME

INFORMATION CALL: N. Rumsey, FAO 972-352-4538 03119/2013 17:00:00

9. ISSUED BY CODE I BFAO 10. THE ACQUISITION IS D UNRESTRICTED OR [R] SET ASIDE: I 00.00 %FOR

Federal Bureau ofPrisons 0 SMALL BUSINESS D WOMEN·OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-QWNED

Field Acquisition Office D HUBZONE SMALL SMALL BUSINESS PROGRAM

NAICS 561110

U.S. Armed Forces Reserve Complex BUSINESS D EDWOSB

346 Marine Forces Drive D SERVICE·DISABLED SIZE STANDARD: DOS VETERAN-owNED D Grand Prairie, TX 75051 SMALL BUSINESS 8(A)

11 . DELIVERY FOR FOB DESTINATION 12. DISCOUNT TERMS 13b. RATING

UNLESS BLOCK IS MARKED

D 13a. THIS CONTRACT tS A

RATED ORDER UNDER DPAS

D SEE (15 CFR 700) 14. METHOD OF SOLICITATION

SCHEDULE

0 RFQ D IFB D RFP

15. DELIVER TO BGUA 16. ADMINISTERED BY CODE BGUA

Federal Bureau of Prisons CODE Federal Bureau of Prisons MDC Guaynabo MDC Guaynabo Highway 28 Intersection of Road 165 PO BOX 2008 Guaynabo, PR 00963-9760 CATANO, PR 00963-2008

17a. CONTRACTOR! CODE I I FACILITY I 18a. PAYMENT WILL BE MADE BY CODE I BGUA

OFFEROR CODE

Federal Bureau of Prisons MDC Guaynabo Attention: Accounts Payable

PO BOX 2008

CATANO, PR 00963-2008

TELEPHONE NO.

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS D 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN !l'HECKED D SEE ADDENDUM

OFFER

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

ITEM NO. SCHEDULE OF SUPPLIES/SERVICE S Q UANTITY UNIT U N IT PRICE AMOUNT

TO PROVIDE NONPERSONAL DOCUMENT CLERK

SERVICES FOR MEDICAL RECORDS IN

ACCORDANCE WITH THE STATEMENT OF WORK.

See Continuation Sheet(s) { Use R~~rse andor Allach Addittonal Shuts as Nea j·sary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (ForGovt. 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 ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. 52.212-51S 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 DATED .

YOUR OFFER ON SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

TERMS AND CONDITIONS SPECIFIED

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

AUTHORIZE D FOR LOCAL REPRODUCTION

PREVIO US EDITION IS NOT USABLE

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

Nicole Rumsey

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA· FAR (48 CFR) 53.212

I

RFQP03061300008 Page 2 of 35

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

D RECEIVED D INSPECTED D ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:------------

32b. SIGNATURE OF AUTHORIZED GOVERNMENT 32c. DATE 32d . PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 321. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g . E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER

CORRECT FOR

I PARTIAL I I FINAL

(SOMPLETE O'ARTIAL Q INAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/00) 142d . TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 212012) BACK

I

RFQP03061300008 Page 3 of 35

Table of Contents

Description Page Number

Solicitation/Contract Form ...... .................... ............................... ............... .. ......... .. ...................... .......... .. ...... I Commodity or Services Schedule

2.1 ADDENDA CONTINUATION OF SF1449 BLOCKS 19, 20, 22, 23 , AND 24

Contract Clauses

52.21 -603-70 Contracting Officer's Representative (COR) (June 20 12) 52 .24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

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

2004)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

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

IDENTIFIABLE INFORMATION (MAR 2008)

52.224-1 02(b) INFORMATION RES ELLERS OR DATA BROKERS (MAR 2008) .... ........... .. .... ..... I 0

List of Attachments Solicitation Provisions

52.203 -11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions (Sept 2007)

ADDENDUM TO FAR 52 .212-1 , TAILORING, SUBMISSION OF QUOTES, AND AWARD

METHODOLOGY

Section 2- Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT

0001 BASE YEAR: Effective date of award (EDOA) through 12 months from EDOA (estimated maximum)

1,440.000000 ss

Period Line Indicator:

Base Period

0002 OPTION 1: 13 months from EDOA through 24 months from EDOA 1,440.000000 ss

Period Line Indicator:

Base Period

0003 OPTION YEAR 2: 25 months from EDOA through 36 months from 1,440.000000 ss

EDOA

Period Line Indicator:

Base Period

0004 OPTION YEAR 3: 37 months from EDOA through 48 months from 1,440.000000 ss

EDOA

Period Line Indicator:

Base Period

0005 OPTION 4: 49 months from EDOA through 60 months from EDOA. 1,440.000000 ss

TOTAL ESTIMATE MAXIMUM QUOTE FOR BASE AND FOUR

OPTION PERIODS FOR CLINS 1-5

Period Line Indicator:

Base Period

CONTINUATION OF SF1449, page 1 -Block 1: RP#0326-12;

RFQP03061300008

UNIT PRICE

Block 10: Size Standard : 005 = 7.0 Million; Block 25. Funds will be obligated by individual task orders

2.1 ADDENDA CONTINUATION OF SFI449 BLOCKS 19, 20, 22, 23 , AND 24

AMOUNT

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, each initial quote should contain the quater's best terms from a cost or price standpoint. Services are required to be provided in accordance with the SOW included in Attachment I. (e.g. , FICA, bonding, overhead, profit, supervision, minimum wages specified in the attached Department of Labor wage determination (health & welfare, bacation, holiday, etc.)) . Quoters are required to submit, as a part of their quote, a completed copy of Section 2- COM

MODITY OR SERVICES SCHEDULE.

PRICING METHODOLOGY: The quantity of services to be provided by the Contractor is estimated above in Section 2. These es timates are not a representation to a quoter or contractor that the estimated quantities will be required or ordered, or that conditions af fecting requirements will remain stable or normal. Contract pricing shall be based on an hourly rate per session for CLINS I - 5.

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 located above, 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 17.203(d), the quoter may offer vary ing prices for options, depending on the quantities actually ordered and the dates when ordered.

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

As the prospective contractor, you must complete Section 2 completely and accurately. You are encouraged to submit multiple offers representing alternative terms and conditions for commercial items that satisfy the requirements of this solicitation. Each quote sub mitted will be evaluated separately.

RFQP03061300008 Page 5 of 35

ORDERING OFFICIAL: In accordance with FAR 52.216-18, request for services will be made via issuance of individual task orders. 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.

RFQP03061300008 Page 6 of 35

Section 3 -Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (Feb 2012)

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

~2.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

~his contract incorporates one or more clauses by reference, with the same force and effect as if they were given in fuJI text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed

~lectronically at this/these address(es): www.acquisition.gov/far

Clause h'itle

52.253-1 Computer Generated Forms (Jan 1991)

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

52.232-18 f'\vailabi lity Of Funds (Apr 1984)

52 .224-2 Privacy Act (Apr 1984)

52 .224-1 Privacy Act Notification (Apr 1984)

52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)

52.203-12 Limitation on Payments To Influence Certain Federal Transactions

52.204-9 Personal Identity Verification of Contractor Personnel.

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper.

52.228-5 Insu rance--Work on a Government Installation

Clauses by Full Text

52.21-603-70 Contracting Officer's Representative (COR) (June 20 12)

(a)The COR will be designated by the Administrative Contracting Officer after contract award.

(b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provide hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the con tractor effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contrac-tual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

RFQP03061300008 Page 7 of 35

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 20 I (FIPS 20 I) 1 entitled "Personal Identification Verification (PlY) 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 DOJ official who is responsible for checking the identification documents. This identity proofing must be completed sometime during the clearance process but prior to badge issuance and must be documented by the DOJ official;

c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position.

Outlined below are the minimum BI requirements for each risk level :

• High Risk- Background Investigation (5 year scope)

• Moderate Risk- Limited Background Investigation (LSI) or Minimum Background Investigation (MBI)

• Low Risk- National Agency Check with Inquiries (NACI) investigation

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

I) Favorable review of the security questionnaire form; 2) Favorable fingerprint results ; 3) Favorable credit report, ifrequired;3 4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level ;

and 5) Favorable review of the National Agency Check (NAC) 4 portion of the applicable BI that is determined by position sensitivity/ risk level.

A badge may be issued following approval of the above waiver requirements.lfthe NAC is not received within five days ofOPM'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 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 I a. and I b. above. The pre-appointment waiver re quirements for short-term contractors are:

a. Favorable review of the security questionnaire form ; b. Favorable fingerprint results ; c. Favorable credit report, if required;5 and d.

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

A badge may be issued following approval of the above waiver requirements and the badge wi ll 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 PlY -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 wou ld 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 I I, 2004, and January 29, 200 I , 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-

RFQP03061300008 Page 8 of 35 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), favorabl y adjudicated 81 meeting HSPD-12 and DOl's BI requirements.

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

Notes:

I. FIPS 20 I is available at: www.csrc.nist.gov/publications/fips/fips20 1/FIPS-20 I-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 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 (PlY -II) requires badge issuance to all affected long-term contractors.

3. For contractors in position sensitivity/risk levels above level I, 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 II 311 must be placed in block II B 11 of the II Agency Use Only II section of the investigative form . This report is available for all case types .

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

[End of Clause]

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

For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commit ment, individuals or contractor employees providing services must have:

I . 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/html/citizen .htm

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

[End of Clause]

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA OR OTHER NATIONAL EMERGENCY (May 2008)

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

The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce.

Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation. The types of actions a federal contractor should reasonably take to help ensure performance are:

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

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

• Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful re mote work in an emergency.

• Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency.

RFQP03061300008 Page 9 of 35

• Establish communication processes to notify employees of activation of this plan.

• Integrate pandemic health crisis response expectations into telework agreements.

• With the employee, assess requirements for working at home (supplies and equipment needed for an extended tele work period). Security concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropriate.

• Determine how all employees who may telework will communicate with one another and with management to accom plish work.

• Practice telework regularly to ensure effectiveness.

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

• Identify how time and attendance will be maintained.

It is the contractor's responsibility to advise the Government Contracting Officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her ab sence, another responsible person in the contracting office via telephone or email messages acknowledging the contractor's notifica tion. The incumbent contractor is responsible for assisti ng 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, ofthe Federal Acquisition Regulations .

[End of Clause]

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

a. Systems Security:

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

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

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

I. Laptops must employ encryption using a NIST Federal Information Processing Standard (FIPS) 140-2 approved product;2. The contractor must develop and implement a process to ensure that security and other applications software is kept up-to-date;3 . Mobile computing devices will utilize anti-viral software and a host-based firewall mechanism ;4. The contractor shall log all computer-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, COs, and floppy disks, containing DJB data, shall not be removed from DOJ facilities unless encrypted using a NIST FIPS 140-2 approved product;6. When no longer needed, all removable media and laptop hard drives shall be processed (sanitized, degaussed, or destroyed) in 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 I 5 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

RFQP03061300008 Page 10 of 35 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 l-866-US4-CERT (I -866-874-2378) within one hour of discovery of the breach. The contractor shall also notify the CO as soon as possible during regular business hours .

c. Personally Identifiable Information Notification Requirement:

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

d. Pass-through of Security Requirements to Subcontractors

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

[End of Clause]

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

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

[End of Clause]

DJAR-AGD-04-1 0-006 Department of Justice Order 2640 .2F (NOV 2008)

Department of Justice (DOJ) Order 2640.2F prohibits the use of non-U .S. citizens in the performance of this contract or commitment for any position that involves access to or assisting in the development, operation, management, or maintenance of any DOJ Informa tion Technology System. By signing this contract or by beginning performance, the contractor agrees to this restriction.

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

Continuing Contract Performance During a Pandemic Influenza or other National Emergency

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

The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce.

Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation.

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

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

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

• Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful remote work in an emergency.

• Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency.

Establish communication processes to notify employees of activation of this plan.

RFQP03061300008 Page 11 of 35

• Integrate pandemic health crisis response expectations into telework agreements .

With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period). Se curity concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees' per sonal computers and provide them with PCs or laptops as appropriate.

• Determine how all employees who may telework will communicate with one another and with management to accomplish work.

Practice telework regularly to ensure effectiveness.

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

• Identify how time and attendance will be maintained.

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

The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations.(End of Clause)

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 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.

(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 Jess than one session, the Government is not obligated to purchase, nor is the Contractor obligated to furnish , those supplies or services under the contract.

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

(I) Any order for a single item in excess of the estimated quantities within the current performance period as identified in Section 2;

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

(3) A series of orders from the same ordering office within 30 days that together call for q\lantities exceeding the limitation in para graph (b )(I) or (2) of this section.

RFQP03061300008 Page 12 of 35

(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) ofthis 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)

52.232-99, Providing Accelerated Payment to Small Business Subcontractors (Deviation)(August 20 12)

This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July II, 2012.

a. Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

b. Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.

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

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 contract period.

(End of clause)

RFQP03061300008 Page 13 of 35

52.242.1 502 Evaluation of Contractor Perforn1ance Utilizing CPARS (April 20 ll)

The services. although not directly supervised, shall be reviewed by the Federal Bureau of Prisons (BOP) staff to ensure contract compliance. The contractor's perf01mance will be evaluated in accordance with FAR 42.15. Contractor monitoring reports will be prepared by the Contracting Officer's Representative (COR) and maintained in the file .

In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an eva luation of contractor performance and submit to the Past Pertorn1ance Infonnation Retrieval System (PP IRS). The BOP uti lizes the Depattment of Defense (DOD) web-based ContTactor Pertorn1ance Assessment Reporting System (CPARS) to provide contractor pertorn1ance evaluations. The contTactor shall provide and maintain a current e-mail address throughout the life of the contract. The contractor will receive and e-mail fi·01n the Focal Point thm the following website address webptsmh@navy.mil when the contractor is registered in CPARS. The e-mail will contain a "user I D" and temporary password to register in the CPARS system. The contractor must be registered to access and review its evaluation and/or provide a response. If assistance is required when registering, please contact the Contracting StafllFocal Point.

(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 within one day prior to the 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 within the current performance period;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 or up to 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 th is clause, shall not exceed 5 years, but excludes the exercise of any option under the clause 52 .217-8, Option to Extend Services, which is incorporated in to this contract in full text.

(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 Technical Representative (COTR) as potentially hazardous and requiring safety controls.

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

(c) Prior to commencement of work, contractors are required to inspect for and report to the contracting officer or designee the pres ence 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.

RFQP03061300008 Page 14 of 35

(d) If during the performance of the work under this contract, the contractor or any of its employees, or subcontractor employees, dis covers 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 ofthat condition and, if necessary, the contract will be amended. Failure to agree on a course of action will consti tute 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)

[END OF ADDENDUM TO FAR 52.212-4]

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders--Commercial Items CJan 20 13)

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

(I) 52 .222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

_Alternate I (Aug 2007) of 52.222-50 (22 U.S.C.71 04(g)).

(2) 52 .233 -3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

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

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

[Contracting Officer check as appropriate.}

XX( I) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and

JO U.S.C. 2402).

_(2) 52 .203 -13, Contractor Code of Business Ethics and Conduct (Apr 20 I 0) (Pub. L. II 0-252, Title VI, Chapter I (41 U.S.C. 251 note)).

(3) 52.203-15 , Whistleblower Protections under the American Recovery and Reinvestment Act of2009 (June 20 I 0) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of2009.).

XX( 4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 20 12) (Pub. L. I 09-282) (31 U.S.C.

6101 note).

_(5) 52 .204-11 , American Recovery and Reinvestment Act--Reporting Requirements (Jul 20 I 0) (Pub. L. 111-5).

XX(6) 52 .209-6, Protecting the Government ' s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

RFQP03061300008 Page 15 of 35 _(7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

_ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of?ub. L.

112-74, section 740 of Division C of Pub. L.