coverletter.pdf

U. S. Department of Justice

Federal Bureau of Prisons

Administration Division

Field Acquisition Office 346 Marine Forces Drive Grand Prairie, Texas 75051

November 14, 2012

RE: RFQP03151300005, Optometrist Services Federal Correctional Complex, Yazoo City, Mississippi

Dear Quoter:

Attached is a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the provision of one (1) Optometrist Services for the FCC Yazoo, located in Yazoo City, Mississippi. This package contains all necessary information to submit a quote.

In submitting a quote, 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 regarding the submission of quotes can be located in Section 2 of the solicitation.

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

All potential quoters are advised that this solicitation includes the clause at FAR 52.212-4 for Commercial Items, paragraph (t) Central Contractor Registration (CCR) and quoters should be registered under NAICS code 621320. This clause requires all contractors doing business with the Federal Government to be registered in the CCR database which is linked into the System for Award Management database 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 awardees 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 of December 5 2012, at 3:00 p.m. local Central Time.

Quotes shall be submitted to the following address:

Gary Jackson, Contract Specialist Federal Bureau of Prisons Field Acquisition Office U.S. Armed Forces Reserve Complex 346 Marine Forces Drive Grand Prairie, TX 75051

Mailed and hand-carried quotes must be delivered to the Contracting Officer or 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 base security personnel. The official point of receipt for hand-carried quotes will be in the receptionist=s area on the first floor at the address listed above. Please do not submit quotes to any location other than the one listed above. Quotes received after the deadline will be processed pursuant to FAR 52.212-1(f). Faxed and e-mailed quotes will not be accepted.

Please place any questions you may have in writing and fax them to (972) 352-4545 to my attention or email at g2jackson@bop.gov. We will consider all questions received and provide responses, where possible.

Sincerely, //s//

Gary Jackson, Contract Specialist Federal Bureau of Prisons Field Acquisition Office

Enclosure

RFQP03151300005 Page 1 of 36

SOLICITATION/CONTRACT/OR1Jd~ FOR COMMERCIAL ITEMS

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

2. CONTRACT NO. J . AWARD/EFFECTIVE 14. ORDER NUMBER

DATE

a. NAME

RFQP03151300005

DATE

11 /14/2012

7. FOR SOLICITATION

INFORMATION CALL: Gary Jackson, F AO Contracting Officer

b. TELEPHONE NUMBER (No oollect calls) 1 8. OFFER DUE DATE I LOCAL

TIME

972-352-4524 12/05/2012 15 :00:00

9.1SSUED BY

Federal Bureau of Prisons Field Acquisition Office U.S. Armed Forces Reserve Complex 346 Marine Forces Drive Grand Prairie, TX 75051

CODE

11. 12. DISCOUNT TERMS

UNLESS BLOCK IS MARKED

D SEE

SCHEDULE

NET30

CODE

10. THE ACQUISITION IS

0 SMALL BUSINESS

0 HUBZONE SMALL

BUSINESS

UNRESTRICTED OR SET ASIDE :

0 WOMEN-OWNED SMALL BUSINESS (WOSBI

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROG RAM NAICS: 621320

% FOR

0 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

0 EDWOSB

SIZE STANDARD: D05

0 B(AI

D 1Ja. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

I

METHOD OF SOLICITATION

0RFQ D IFB

CODE

Federal Bureau of Prisons FCC Yazoo City

1 uu-u... I L... ----~ Federal Bureau of Prisons

2225 HALEY BARBOUR PARKWAY

YAZOO CITY, MS 39194

17a. CONTRACTOR/

OFFEROR

CODE

TO PROVIDE NON PERSONAL OPTOMETRIST

SERVICES IN ACCORDANCE WITH THE

STATEMENT OF WORK.

See Continuation Sheet(s) ( U.~t! Revtr.\l' umllor Attuch Additifmul Sln!d.\' u 1· Nrt't'.~.\·aryr}

25. ACCOUNTING AND APPROPRIATION DATA

FCC Yazoo City

2225 HALEY BARBOUR PARKWAY

YAZOO CITY, MS 39194

Sa. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCC Yazoo City

2225 HALEY BARBOUR PARKWAY

YAZOO CITY, MS 39194

CODE

vu11..ot:<:> 1 u ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS ,........, SEE ADDENDUM

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1 , 52.212-4. FAR 52.212-J AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. 52.212-SIS ATTACHED. ADDENDA

ARE

ARE

ARE NOT ATTACHED

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ~ET FORTH

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

TERMS AND CONDITIONS SPECIFIED

OFFER DATED"'""'==-:=:

YOUR OFFER ON SOLICITATION (;;;B~LO"'C"'K~5"')"1NCLUDING ANY ADDITIONS OR

CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

JOa. SIGNATURE OF OFFEROR/CONTRACTOR J1a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

JOb. NAME AND TITLE OF SIGNER (TYPE OR PRINn JOe. DATE SIGNED J1b. NAME OF THE CONTRACTING OFFICER (TYPE OR PR/Nn J1c. DATE SIGNED

Gary Jackson

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 0212012)

Prescribed by GSA- FAR (48 CFR) 5J.212

RFQP03151300005 Page 2 of 34 t ' I

19. 20. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES 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 32f. 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

D coMPLETE 0 PARTIAL D FINAL

I PARTIAL I ! FINAL

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 . RECE IVED AT (Location)

42c. DATE REC'D (YYIMMIDD) 142d . TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 212012) BACK

Section

I

Table of Contents Description

Solicitation/Contract Form ............................................................................................................... I Cornrnodity or Services Schedule CONTINUATION OF SF I449 BLOCK I9, 20, 2I, 22, 23, and 24 Statement of Work Contract Clauses

52.2 I6-I8 Ordering (Oct I995)

52.2I6-I9 Order Limitations (Oct I995)

52.2 I6-2I Requirements (Oct I995)

52.2I7-8 Option to Extend Services (Nov I999) .................................... .. ........ ..... ........ .... .. ... . IO 52 .2 I7-9 Option to Extend the Term of the Contract (Mar 2000) ............ ......... ...... ... ... .......... I 0 52.24-403-70 Notice of Contractor Personnel Security Requirements (Oct 2005) ......................... I 0 52.27-103-72 DOJ Contractor Residency Requirement Bureau of Prisons (June 2004) 52.224-I02(b) Information Resellers or Date Brokers (Mar 2008) 52.232-I9 Availability of Funds for the Next Fiscal Year (Apr I984) 52.237-7 Indemnification and Medical Liability Insurance (Jan I997) 52.218-000 Continuing Contract Performance During a Pandemic

Influenza or Other National Emergency (May 2008) 52.224-1 02(a) Security of Systems and Data Including Personally Identifiable

Information (Mar 2008) BOP Clause Evaluation of Contractor Performance Utilizing CPARS (April20I1) DJAR-AGD-04-1 0-006 Department of Justice Order 2640-2F (Nov 2008) 2852.233-70 Unsafe Conditions Due to the Presence of Hazardous Material (June I996) 52.232-99 Providing Accelerated Payment to Small Business Subcontractors (Aug 20 12)

52.2 12-5 Contract Terms and Conditions Required to Implement Statues or

Executive Orders- -Cornrnercialltems (Aug 2012) List of Attachments

Special Contract Conditions Solicitation Provisions

ADDENDUM TO FAR 52.212-1, Instructions to Offerors-- Cornrnercialltems (Feb 20I2)

5.1 TAILORING

52.2 16-1 Type of Contract (Apr 1984) 52.233-2 Service of Protest (Sep 2006) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) 52.27-103-7I Faith-Based and Community-Based Organization (Aug 2005) 52.209-5 Certification Regarding Responsibility Matters (Apr 2010) 52.209-7 Information Regarding Responsibility Matters (Feb 20 12)

5.2 Business Management Questionnaire

5.3 Subcontract Certification

52.212-3 Offeror Representations and Certifications (Aug 20I2)

Section 2- Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM SUPPLIES/SERVICES QUANTITY UNIT UNIT AMOUNT

NO. PRICE

0001 Provide Optometrist Services for FCC Yazoo, MS

Base Year: Effective Date of Award (EDOA) 768 EA $ $ through 12 months from EDOA, Per Exam (Estimated Maximum)(Exam = Each)

Total for Base Year

0002 768 EA $ $

Option Year 1: 13 months through 24 months from EDOA, Emergency/Per Exam (Estimated Maximum)(Exam = Each)

Total for Option Year 1

0003 768 EA $ $

Option Year 2: 25 months through 36 months from EDOA, Emergency/Per Exam (Estimated Maximum)(Exam = Each)

0004 Total for Option Year 768 EA $ $

Option Year 3: 37 months through 48 months from EDOA, Emergency/Per Exam(Estimated Maximum)(Exam = Each)

0005 768 EA $ $

Total for Option Year

Option Year 4: 49 months through 60 months from EDOA, Emergency/Per Exam (Estimated Maximum)(Exam = Each)

Total for Option Year

Total for the Base Year and 4 Option Years i

CONTINUATION OF SF1449, page 1- Block 1: RP# 0029-13; Block 10: Size Standard: 7.0 Million; Block 25: Funds to be obligated by individual delivery/task orders.

2.0 CONTINUATION OF SF1449 BLOCK 19, 20, 21, 22, 23, AND 24

The Contractor shall provide non-personal services, upon request by the institution as detailed in the Statement of Work (SOW). The Government reserves the right to award without discussion. Therefore, each initial offer should contain the offeror's best terms from a cost or price standpoint. Services are required to be provided in accordance with the SOW. Offerors are required to submit, as a part of their proposal , a completed copy- SCHEDULE OF SUPPLIES/SERVICES, inclusive of the base year and all option years.

PRICING METHODOLOGY: The quantity of services to be provided by the Contractor is estimated above in Section 2. These estimates are not a representation to an offeror or contractor that the estimated quantities will be required or ordered, or that conditions affecting the requirements will remain stable or normal. Contract pricing shall include all charges to the Government for performing the services required by this solicitation/contract. "Pursuant to FAR 17.203(b), the Government's evaluation shall be inclusive of options. Pursuant to FAR 17.203(d) , offerors may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

The benefits and wages shall be in compliance with all aspects of the applicable wage determination and the Service Contract Act. You are encouraged to submit multiple offers representing alternative terms and conditions for commercial items that satisfy the requirements of this solicitation. Each offer submitted will be evaluated separately.

STATEMENT OF WORK- Optometrist Services

Subject:

The Federal Bureau of Prisons (BOP), Field Acquisitions Office, Grand Prairie, Texas, intends to award one firm-fixed price contract to a responsible entity for the provision of Optometry services. Services will be provided to the inmate population on-site at the Federal Correctional Complex. Yazoo. Mississippi herein after referred to as FCC Yazoo. 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. The contract period will be in effect from the date of award through 12 months, with a base year and four option years. General Information regarding the BOP is located at www.bop.gov.

Place of Performance:

The service will be performed in the Health Services Department at the Federal Correctional Complex.

Yazoo, Mississippi.

Schedule:

The contractor will provide exams as required . Sessions times will vary depending on the patient load.

Billing will be per exam/patient seen. Sessions will be scheduled biweekly and with cooperation between the Health Services Department and the contractor. Clinics will typically be scheduled between the hours of 7:30a.m. - 4:00 p.m. Monday through Friday, excluding Federal Holidays. The scheduled days and hours will be mutually agreed upon by the Federal Government and the contractor.

Due to the nature of the correctional setting , delays in performance of work may be expected. Such delays must include but are not limited to inclement weather, electrical or mechanical problems, or other security matters. When contract employees report to the institution but are unable to perform services due to such delays, the contractor will be paid for one (1) hour. Normally, any remaining sessions scheduled that day will be suspended and the contractor will be free to leave and the contractor will not be paid for remain ing unperformed exams. However, if the institution requests that the contractor remain at the institution for eventual performance, the contractor shall be paid for such sessions.

Supplies:

Due to security reasons all supplies and equipment the contractor may need at the institution will be furnished by the institution. All records maintained by the contractor under this contract will remain the property of the institution.

Description of Responsibilities:

The contractor shall provide, on a non-discriminatory basis, routine refractions, eye examinations, and tonometry examinations. He/she will provide within documentation on all inmates examined and prescribe and make adjustments on eye wear, and will provide referral services to the Clinical Director for eye pathologies. The contractor will not be responsible for prescribing medications to inmate patients. In case of an eye emergency, the contractor will be required to see the inmate patient at the institution for the examination.

Qualifications:

He/she must be a graduate of an accredited university, with a degree in Optometry. Must be eligible for Board Certification and must have a license to practice in the State of Mississippi. Vendors must provide copies of board certification, license, resume and proof in current skills as an Optometrist must be submitted along with quotes.

The Government will make award to the responsive/responsible quoter, having acceptable past performance, submitting the lowest price technically acceptable quote.

Inmate Management:

The provision of services under this proposed contract will require frequent and unsupervised contact with inmates; however, the contractor will not be responsible for the supervision of inmates.

The contractor will report any infractions of rules and regulations by any inmate to the Contract Officer Representative (COR), or designee.

Institution Security:

All contract personnel providing services within the confines of FPC Montgomery shall have a complete background investigation conducted in accordance with BOP Program Statement 3000.03. See also Section A of this solicitation entitled "Contract Security/Investigation Requirements".

The contractor agrees to adhere to all regulations prescribed by the institutions in regards to the safety, custody, and conduct of inmates. The Bureau of Prisons requires all non-employees to sign in and out of the institution for security reasons. Contractors will be required to attend a one time orientation programs, consisting of approximately four (4) hours, prior to performing any services under this contract.

Additionally, a "refresher" orientation must be completed annually. The date and time for this orientation will be mutually agreed upon by both parities, and reimbursement for attendance will be at a prorated contract session rate.

Method of Performance:

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

The services, although not directly supervised, shall be reviews by institution medical staff to ensure contract compliance. The contractor's performance will be evaluated in accordance with FAR Part 42.

Contact monitoring reports will be prepared by the COR and maintained in the contract file . In this evaluation, if the performance of the individual instructors is deemed unacceptable, that optometrist will no longer perform those duties. In that event, the contractor will be responsible for replacing the Optometrist.

Payment Terms:

The contractor shall provide a monthly billing statement to FCC Yazoo's Accounting Department which accurately reflects days worked, number of sessions and the total amount due for the previous month's services

Payment terms are as specified in FAR 52.212-4(g) , the due date for making an invoice payment by the designated payment office shall be the 301 h day after the designated billing office has received a proper invoice, or the government accepts the services performed by the contractor. The contractor can however offer discount payment terms for prompt payments as specified in block 12 on the SF-1449 form of this solicitation. Half sessions will not be authorized for payment.

RFQP03151300005

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

-------- f, 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far

Clause Title 52.204-4 Printed or Copied Double-Sided on Recycled Paper (May 2011) 52.204-9 Personal Identity Verification of Contract Personnel (Jan 2011) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) 52.224-1 Privacy Act Notification (Apr 1984) 52.224-2 Privacy Act (Apr 1984) 52.228-5 Insurance- Work on a Government Installation (Jan 1997) 52.232-18 Availability of Funds (AQr 1984) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.253-1 Computer Generated Forms (Jan 1991) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 201 0)

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 contract period through the last day of the effective contract period.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and th is 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 $50.00 or less, 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 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 quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the 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 and 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 contract.

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

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

[End of clause]

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor prior to 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 prior to the expiration of the current performance period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, but excluding the exercise of any option under the clause 52.217-8, Option to Extend Services, which is incorporated into this contract in full text, shall not exceed 5 years.

[End of clause]

52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase 1.1 . Long-Term Contractor Personnel:

In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 contractor employee whose background investigation (81) process begins on or after October 27, 2005:

a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form 1-9, OMB No. 1615-0047, "Employment Eligibility Verification ," and at least one document must be a valid State or Federal government-issued picture I D);

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 81 commensurate with the designated risk level associated with the duties of each position. Outlined below are the minimum 81 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 81 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 ;34) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level ; and 5) Favorable review of the National Agency Check (NAC) 4 portion of the applicable Bl that is determined by position sensitivity/risk level.

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

Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the Bl results so justify, badges issued under these procedures will be suspended or revoked. 2. Short-Term Contractor Personnel:

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

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

a. Favorable review of the security questionnaire form; b. Favorable fingerprint results ; c. Favorable credit report, if required ;5 and d. Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commensurate 81 does not need to be initiated.

A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of issuance. This process can only be used once for a short-term contractor in a twelve month period.

This will ensure that any consecutive short-term appointments are subject to the full PIV-1 identity proofing process.

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

3. Intermittent Contractors:

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

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

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

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

d. If an intermittent contractor is approved for unescorted access, the contractor will only be issued a daily badge.

The daily badge will be issued upon entrance into a DOJ facility or space and must be returned upon exiting the same facility or space.

e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year.

4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years}, favorably adjudicated Bl meeting HSPD-12 and DOJ's Bl requirements.

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

Notes:

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

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

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

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

[End of Clause]

52.27-103-72 DOJ Contractor Residency Requirement Bureau of Prisons (Jun 2004)

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

1. Legally resided in the United States (U.S.); 2. worked for the U.S. overseas in a Federal or military capacity; or 3.

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

If the individual is not a U.S. citizen , they must be from a country allied with the U.S. The following website provides current information regarding allied countries: Http://www.opm.gov/employ/html/citizen.htm

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

[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 that originated with the Department, or reflects sensitive law enforcement or national security interest in the data, the contractor shall notify the Department Contracting Officer so that the Department may determine whether notification would impeded a law enforcement investigation or jeopardize national security. In such cases, the contractor shall not notify the individuals until it received 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 or 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 Government for any payment may arise for performance under this contract beyond September 30 of the base year or any option year exercised, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

[Edna of Clause]

52.237-7 Indemnification and Medical Liability Insurance (Jan 1997)

(a) It is expressly agreed and understood that this is a non personal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101 , under which the professional services rendered by the Contractor are rendered in its capacity as an independent contractor.

The Government may evaluate the quality of professional and administrative services provided, but retains no control over professional aspects of the services rendered , including by example, the Contractor's professional medical judgment, diagnosis, or specific medical treatments. The Contractor shall be solely liable for and expressly agrees to indemnify the Government with respect to any liability producing acts or omissions by it or by its employees or agents. The Contractor shall maintain during the term of this contract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence:

*$1 ,000,000/$3,000,000.

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

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

(d) Evidence of.insurance documenting the required coverage for each health care provider who will perform under this contract shall be provided to the Contracting Officer prior to the commencement of services under this contract.

If the insurance is on a claims-made basis and evidence of an extended reporting endorsement is not provided prior to the commencement of services, evidence of such endorsement shall be provided to the Contracting Officer prior to the expiration of this contract. Final payment under this contract shall be withheld until evidence of the extended reporting endorsement is provided to the Contracting Officer.

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

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

[End of clause]

52.218-000 Continuing Contract Performance During a Pandemic Influenza or Other National Emergency (May 2008)

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 absenteeism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.

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

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

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

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.

• Integrate pandemic health crisis response expectations into telework agreements.

With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period). Security concerns should be considered in making equipment choices;

agencies or contractors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropriate.

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

Practice telework regularly to ensure effectiveness.

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

• Identify how time and attendance will be maintained.

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

52.224-102(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 contractor 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 Systems, 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 contractor's systems when requested by the Department in connection with its efforts to ensure compliance with all such security requirements, 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 reviews.

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 a NIST Federal Information Processing Standard (FIPS) 140-2 approved product;2. The contractor must develop and implement a process to ensure that security and other applications software is kept up-to-date;3. Mobile computing devices will utilize anti-viral software and a host-based firewall mechanism;4. The contractor shall log all computer-readable data extracts from databases holding sensitive information and verify each extract 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 Department; 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 requirements applicable to DOJ;7. Contracting firms shall keep an accurate inventory of devices used on DOJ contracts;8. Rules of behavior must be signed by users. These rules shall address at a minimum: authorized and official use; prohibition against unauthorized users; and protection of sensitive data and personally identifiable information.9. All DOJ data will be removed from contractor-owned laptops upon termination of contractor work. This removal must be accomplished in accordance with DOJ IT Security Standard requirements. 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 unauthorized 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 (1-866-87 4-2378) within one hour of discovery of the breach. The contractor shall also notify the CO as soon as possible during regular business hours.

c. Personally Identifiable Information Notification Requirement:

The contractor further certifies that it has a security policy in place that contains procedures to promptly notify any individual whose personally identifiable information (as defined by OMB) was, or is reasonably believed to have been , breached. Any notification shall be coordinated with the Department, and shall not proceed until the Department has made a determination that notification would not impede a law enforcement investigation or jeopardize national security. The method and content of any notification by the contractor

RFQP031513 00005

shall be coordinated with , and be subject to the approval, of the Department. The contractor assumes full responsibility for taking corrective 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 contract.

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]

Evaluation of Contractor Performance Utilizing CPARS (April2011)

The services, although not directly supervised, shall be reviewed by the Federal Bureau of Prisons (BOP) staff to ensure contract compliance. The contractor's performance will be evaluated in accordance with FAR 42.15.

Contract monitoring reports will be prepared by the Contracting Officer's Technical Representative (COTR) or Contract Monitor (CM) and maintained in the contract file .

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

[End of Clause]

DJAR-AGD-04-10-006 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 Information Technology System. By signing th is contract or by beginning performance, the Contractor agrees to this restriction .

[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…