Solicitation1449F.pdf

U.S. Department of Justice

Federal Bureau of Prisons Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

December 2, 2015

Re: RFQP03181500016, Unarmed Guard Services

Federal Correctional Institution, Aliceville, Alabama

Dear Quoter:

This cover letter precedes a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the acquisition of Unarmed Guard Services for the Federal Correctional Institution in Aliceville, AL. 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, Solicitation Provisions, of the solicitation.

All potential quoters are advised that this solicitation includes the clause FAR 52.212-4 for Commercial Items, which requires contractors that are doing business with the Federal Government to be registered in the System for Award Management (SAM) database. The contractors may obtain information on registration and annual confirmation requirements via SAM accessed through www.acquisition.gov.

Quoters should include their Data Universal Number System (DUNS) number in their quotes. The Contracting Officer will verify registration 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 of Wednesday, December 16, 2015, at 2:00 p.m.

Central Time. Quotes shall be submitted to the following address:

Federal Bureau of Prisons Field Acquisition Office Attention: Edna Perry-Carter, 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, at least 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 52.212-1(f). Quotes may be e-mailed to eperry@bop.gov in pdf format. Faxed quotes will not be accepted.

Please place any questions you may have in writing and e-mail to the above e-mail address or 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) 352-4569.

Sincerely, /s/

Edna Perry-Carter, Contract Specialist

RFQP03181500016 Page 1 of 44

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

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

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

DATE DATE

RFQP0318 I500016 12/02/2015

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

CALL: TIME

Edna Perry-Carter eperry@bop.gov (0) 972-352-4569 (F) 972-352-4545 12/ 16/2015 14:00:00

9. ISSUED BY CODE I BFAO 10. THE ACQUISITION IS D UNRESTRICTED OR 0 SET ASIDE: I 00.00 % FOR

Federal Bureau of Prisons 0 SMALL BUSINESS D WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

Field Acquisition Office D HUBZONE SMALL SMALL BUSINESS PROGRAM

NAICS: 56 16 12

U.S. Anned Forces Reserve Complex BUSINESS D EDWOSB

346 Marine Forces Drive D SERVICE-DISABLED SIZE STANDARD: $20,500,00 VETERAN-OWNED D Grand Prairie, TX 7505 1 SMALL BUSINESS B{A)

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

UNLESS BLOCK IS MARKED

13a. THIS CONTRACT IS A

D RATED ORDER UNDER DPAS

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

SCHEDULE

0 RFQ D IFB D RFP

15. DELIVER TO CODE BALI 16. ADMINISTERED BY CODE I BALI

Federal Bureau of Prisons Federal Bureau of Prisons FCI Aliceville FCI Aliceville

11070 HWY 14 11070HWY 14

Aliceville. AL 35442 Alicevi lle, AL 35442

17a. CONTRACTOR/ CODE I I

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

OFFER OR CODE

Federal Bureau of Prisons FCI Aliceville

11 070 HWY 14

Aliceville, AL 35442

TELEPHONE NO.

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

OFFER

18b. SUBMIT INVOICEm ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED X SEE ADDENDUM

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

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

TO PROVIDE UNARMED GUARD SERVICES - FCI

ALICEVILLE IN ACCORDANCE WITH THE

STATEMENT OF WORK.

See Continuation Shect(s) { li:w Rn'l'rse wlll'or .<lttuch Ark/iliomJI Slruu ""l•irCt!.r.wry)

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

~ 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1 , 52.212-4. FAR 52.212-3 AND 52 .212-5 ARE ATTACHED. ADDENDA ~ ARE H ARE NOT ATTACHED

0 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. 52.212-5 IS ATTACHED. ADDENDA n ARE ARE NOT ATTACHED

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

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

D 29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5)

OR OTHERWSE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, TERMS AND CONDITIONS SPECIFIED. IS ACCEPTED AS TO ITEMS:

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

Edna Perry-Carter

STANDARD FORM 1449 (REV. 0212012)

Prescribed by GSA· FAR (48 CFR) 53.212

I

RFQP03181500016 Page 2 of 44

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

ITEM NO. SCHEDULE OF SUPPLI ES/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 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

O coMPLETE 0 PARTIAL D FINAL

I PARTIAL I ! FINAL

38. SIR ACCOUNT NUMBER 39. SIR 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 CERTI FYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 212012) BACK

Section

~ RFQP03181500016

Table of Contents Description

Solicitation/Contract Form Commodity or Services Schedule

2.1.1 Continuation of SF 1449 Block 19, 20, 21 , 22, 23, and 24 Contract Clauses 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) 52.24-403-70 Notice of Contractor Personnel Security Requirements (Oct 2005) 52.218-000 Continuing Contract Performance During a Pandemic

Influenza or Other National Emergency (May 2008) 2852.233-70 Unsafe Conditions Due to the Presence of Hazardous Material (Jun 1996) BOP Clause Evaluation of Contractor Performance Utilizing CPARS (Apr 2011) 52.27-103-72 DOJ Contractor Residency Requirement Bureau of Prisons (Jun 2004) DJAR-PGD-15-02 Attachment 2A Corporate Representation Regarding

Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability -Award (Deviation 2015-02 (Mar 2015)

DJAR-PGD-15-02 Attachment 2B Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Award (Deviation 2015-02 (Mar 2015)

DJAR-PGD-15-03 Attachment 1 Security of Information and Information Systems (Apr 2015)

52.212-5 Contract Terms and Conditions Requ ired to Implement Statues or Executive Orders--Commercial Items (Nov 2015)

List of Attachments Special Contract Conditions

Solicitation Provisions ADDENDUM TO FAR 52.212-1 , Instructions to Offerers - - Commercial Items (Oct 2015) 52.216-1 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) 52.27-103-71 Faith-Based and Community-Based Organization (Aug 2005) DJAR-PGD-15-02 Attachment 1 A Corporate Representation Regarding

Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability- Solicitation (Deviation 2015-02) (Mar 2015)

DJAR-PGD-15-02Attachment1B Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Solicitation (Deviation 2015-02 (Mar 2015)

52.212-3 Offerer Representations and Certifications (Nov 2015)

5.2 Business Management Questionnaire

RFQP03181500016 Page 4 of 44

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Provide Unarmed Guard Services for FCI Aliceville, AL, Base ~ear, Effective Date of Award (EDOA) through twelve months from DOA (Estimated Maximum)

13,841.000000 HR $ $

0002 Provide Unarmed Guard Services for FCI Aliceville , AL, Option 13,841 .000000 HR $ $ Year 1, 13 months through 24 months from EDOA (Estimated Maximum)

0003 Provide Unarmed Guard Services for FCI Aliceville , AL, Option 13,841.000000 HR $ $ Year 2, 25 months through 36 months from EDOA (Estimated Maximum)

0004 Provide Unarmed Guard Services for FCI Aliceville , AL, Option 13,841 .000000 HR $ $ Year 3, 37 months through 48 months from EDOA (Estimated Maximum)

0005 Provide Unarmed Guard Services for FCI Aliceville , AL, Option 13,841 .000000 HR $ $ Year 4, 49 months through 60 months from EDOA (Estimated Maximum)

Total for Base and 4 Option Years

Page 1 - Block 1: RP# 0293-15, Block 10: Size Standard: 20.5 Million, Block 25: Funds will be obligated by individual delivery/task orders.

2. 1.1 CONTINUATION OF SFl449 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 quote should contain the quoter's best terms from a cost or price standpoint.

Services are required to be provided in accordance with the Statement of Work. Quoters are required to submit, as a part of their quote, 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 a quoter or Contractor that the estimated quantities will be required or ordered, or that conditions affecting requirements will remain stable or normal. Contract pricing shall include all charges to the Government for performing the services required by this solicitation/contract. "Pursuant to FAR 17.203(b), the Gov ernment's evaluation shall be inclusive of options. Pursuant to FAR 17.203(d), offerers may offer varying prices for op tions, depending on the quantities actually ordered and the dates when ordered.

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

~ RFQP03181500016

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Items (May 2015) The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4

Cl b Rf auses 1y e erence

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 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (April 2014) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (May 2011) 52.204-9 Personal Identity Verification of Contract Personnel (Jan 2011) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) 52.228-5 Insurance Work on a Government Installation (Jan 1997) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.237-2 Protection of Government Buildinqs, Equipment, and Veqetation (Apr 1984) 52.253-1 Computer Generated Forms (Jan 1991)

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 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 less than one hour, 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 the 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]

52.232-19 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.

[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

Page 7of44 long-term 2 contractor employee whose background investigation (Bl) process begins on or after October 27, 2005:

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

b. Contractor Personnel must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed sometime during the clearance process but prior to badge issuance and must be documented by the DOJ official;

c. Contractor Personnel must undergo a Bl commensurate with the designated risk level associated with the duties of each position. Outlined below are the minimum Bl requirements for each risk level:

• High Risk - Background Investigation (5 year scope)

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

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

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

1) Favorable review of the security questionnaire form ; 2) Favorable fingerprint results ; 3) Favorable credit report, if required;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 Bl does not need to be initiated.

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

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

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

3. Intermittent Contractors:

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

a. For purposes of this policy, "intermittent" is defined as those contractor employees needing access to DOJ

b. 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/FI PS-201-022505. pdf

2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-1 identity proofing process, including initiation and adjud ication 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 11 B 11 of the " Agency Use Only 11 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]

52.218-000 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]

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

(a) "Unsafe condition" as used in this clause means the actual or potential exposure of contractor or Government employees to a hazardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other material or working condition designated by the Contracting Officer's Representative (COR) as potentially hazardous and requiring safety controls.

(b) The Occupational Safety and Health Administration (OSHA) is responsible for issuing and 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 presence of, or suspected presence of, any unsafe condition including asbestos or other hazardous materials or working conditions in areas in which they will be working .

(d) If during the performance of the work under this contract, the contractor or any of its employees, or subcontractor employees, discovers the existence of an unsafe condition, the contractor shall immediately notify the contracting officer, or designee, (with written notice provided not later than three (3) working days thereafter) of the existence of an unsafe condition . Such notice shall include the contractor's recommendations for the protection and the safety of Government, contractor and subcontractor personnel and property that may be exposed to the unsafe condition .

(e) When the Government receives notice of an unsafe condition from the contractor, the parties will agree on a course of action to mitigate the effects of that condition and , if necessary, the contract will be amended . Fa ilure to agree on a course of action will constitute a dispute under the Disputes clause of this contract.

(f) Nothing contained in this clause shall relieve the contractor or subcontractors from complying with applicable Federal , State, and local laws, codes, ordinances and regulations (including the obtaining of licenses and permits) in connection with hazardous material including but not limited to the use, disturbance, or disposal of such material.

[End of Clause]

Evaluation of Contractor Performance Utilizing CPARS (April 2011)

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

Contract monitoring reports will be prepared by the Contracting Officer's Representative (COR) and maintained in the contract file.

In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit it to the Past Performance Information Retrieval System (PPIRS). The BOP utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to provide contractor performance evaluations. The contractor shall provide and maintain a current e-mail from the Focal Point thru the fol lowing websiteaddresswebptsmh@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]

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:

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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]

DJAR-PGD-15-02-Attachment 2A Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability-Award (DEVIATION 2015-02) (March 2015)

(a) None of the funds made available by the Department's current Appropriations Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with corporation -

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

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

(b) By accepting this award or order, in writing or by performance, the offeror/contractor represents that-

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

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

[End of Clause]

DJAR-PGD-15-02-Attachment 28 Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Award (DEVIATION 2015-02) (March 2015)

By accepting this award or order, the contractor certifies that it does not require employees or contractors of the contractor seeking to report fraud , waste, and abuse to sign internal confidentiality agreements or statement prohibiting or otherwise restricting such employees or contractors from lawfully reporting waste, fraud , and abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

[End of Clause]

[END OF ADDENDUM TO FAR 52.212-4]

DJAR-PGD-15-03-Attachment 1 Security of Information and Information Systems (Apr 2015)

I. Applicability to Contractors and Subcontractors

This clause applies to all contractors and subcontractors, including cloud service providers ("CSPs"), and personnel of contractors, subcontractors, and CSPs (hereinafter collectively, "Contractor") that may access, collect, store, process, maintain, use, share, retrieve, disseminate, transmit, or dispose of DOJ Information. It establishes and implements specific DOJ requirements applicable to this Contract. The requirements established herein are in addition to those required by the Federal Acquisition Regulation ("FAR"), including FAR 11.002(g) and 52.239-1 , the Privacy Act of 1974, and any other applicable laws, mandates, Procurement Guidance Documents, and Executive Orders pertaining to the development and operation of Information Systems and the protection of Government Information. This clause does not alter or diminish any existing rights, obligation or liability under any other civil and/or criminal law, rule , regulation or mandate.

II. General Definitions

The following general definitions apply to this clause. Specific definitions also apply as set forth in other paragraphs.

A Information means any communication or representation of knowledge such as facts, data, or opinions, in any form or medium, including textual , numerical , graphic, cartographic, narrative, or audiovisual. Information includes information in an electronic format that allows it be stored, retrieved or transmitted , also referred to as "data," and "personally identifiable information" ("Pll") , regardless of form.

B. Personally Identifiable Information (or Pll) means any information about an individual maintained by an agency, including, but not limited to, information related to education, financial transactions, medical history, and criminal or employment history and information, which can be used to distinguish or trace an individual's identity, such as his or her name, social security number, date and place of birth , mother's maiden name, biometric records, etc., including any other personal information which is linked or linkable to an individual.

C. DOJ Information means any Information that is owned , produced, controlled , protected by, or otherwise within the custody or responsibility of the DOJ , including , without limitation, Information related to DOJ programs or personnel. It includes, without limitation, Information (1) provided by or generated for the DOJ, (2) managed or acquired by Contractor for the DOJ in connection with the performance of the contract, and/or (3) acquired in order to perform the contract.

D. Information System means any resources, or set of resources organized for accessing , collecting , storing, processing, maintaining, using, sharing, retrieving, disseminating , transmitting, or disposing of (hereinafter collectively, "processing , storing, or transmitting") Information.

E. Covered Information System means any information system used for, involved with , or allowing, the processing, storing , or transmitting of DOJ Information.

Ill. Confidentiality and Non-disclosure of DOJ Information

A Preliminary and final deliverables and all associated working papers and material generated by Contractor containing DOJ Information are the property of the U.S. Government and must be submitted to the Contracting Officer ("CO") or the CO's Representative ("COR") at the conclusion of the contract. The U.S. Government has unlimited data rights to all such deliverables and associated working papers and materials in accordance with FAR 52.227-14.

B. All documents produced in the performance of this contract containing DOJ Information are the property of the U.S. Government and Contractor shall neither reproduce nor release to any third-party at any time, including during or at expiration or termination of the contract without the prior written permission of the CO.

C. Any DOJ information made available to Contractor under this contract shall be used only for the purpose of performance of this contract and shall not be divulged or made known in any manner to any persons except as may be necessary in the performance of this contract. In performance of this contract, Contractor assumes responsibility for the protection of the confidentiality of any and all DOJ Information processed, stored, or transmitted by the Contractor. When requested by the CO (typically no more than annually) , Contractor shall provide a report to the CO identifying , to the best of Contractor's knowledge and belief, the type, amount, and level of sensitivity of the DOJ Information processed, stored , or transmitted under the Contract, including an estimate of the number of individuals for whom Pll has been processed, stored or transmitted under the Contract and whether such information includes social security numbers (in whole or in part) .

IV. Compliance with Information Technology Security Policies, Procedures and Requirements

A. For all Covered Information Systems, Contractor shall comply with all security requirements, including but not limited to the regulations and guidance found in the Federal Information Security Management Act of 2014 ("FISMA"), Privacy Act of 1974, E-Government Act of 2002, National Institute of Standards and Technology ("NIST") Special Publications ("SP"), including NIST SP 800-37, 800-53, and 800-60 Volumes I and II , Federal Information Processing Standards ("FIPS") Publications 140-2, 199, and 200, OMB Memoranda, Federal Risk and Authorization Management Program ("FedRAMP"), DOJ IT Security Standards, including DOJ Order 2640.2, as amended. These requirements include but are not limited to:

1. Limiting access to DOJ Information and Covered Information Systems to authorized users and to transactions and functions that authorized users are permitted to exercise;

2. Providing security awareness training including, but not limited to, recognizing and reporting potential indicators of insider threats to users and managers of DOJ Information and Covered Information Systems;

3. Creating, protecting, and retaining Covered Information System audit records, reports, and supporting documentation to enable reviewing , monitoring , analysis, investigation, reconstruction , and reporting of unlawful, unauthorized , or inappropriate activity related to such Covered Information Systems and/or DOJ Information;

4. Maintaining authorizations to operate any Covered Information System;

5. Performing continuous monitoring on all Covered Information Systems;

6. Establishing and maintaining baseline configurations and inventories of Covered Information Systems, including hardware, software, firmware, and documentation, throughout the Information System Development Lifecycle, and establishing and enforcing security configuration settings for IT products employed in Information Systems;

7. Ensuring appropriate contingency planning has been performed, including DOJ Information and Covered Information System backups;

8. Identifying Covered Information System users, processes acting on behalf of users, or devices, and authenticating and verifying the identities of such users, processes, or devices, using multifactor authentication or HSPD-12 compliant authentication methods where required ;

9. Establishing an operational incident handling capability for Covered Information Systems that includes adequate preparation, detection , analysis, containment, recovery, and user response activities, and tracking, documenting , and reporting incidents to appropriate officials and authorities within Contractor's organization and the DOJ;

10. Performing periodic and timely maintenance on Covered Information Systems, and providing effective controls on tools, techniques, mechanisms, and personnel used to conduct such maintenance;

11 . Protecting Covered Information System media containing DOJ Information, including paper, digita l and electronic media; limiting access to DOJ Information to authorized users; and sanitizing or destroying Covered Information System media containing DOJ Information before disposal , release or reuse of such media;

12. Limiting physical access to Covered Information Systems, equipment, and physical facilities housing such Covered Information Systems to authorized U.S. citizens unless a wa iver has been granted by the Contracting Officer ("CO"), and protecting the physical facilities and support infrastructure for such Information Systems;

13. Screening individuals prior to authorizing access to Covered Information Systems to ensure compl iance with DOJ Security standards;

14. Assessing the risk to DOJ Information in Covered Information Systems periodically, including scann ing for vulnerabilities and remediating such vulnerabilities in accordance with DOJ policy and ensuring the timely removal of assets no longer supported by the Contractor;

15. Assessing the security controls of Covered Information Systems periodically to determine if the controls are effective in their application , developing and implementing plans of action designed to correct deficiencies and el iminate or reduce vulnerabilities in such Information Systems, and monitoring security controls on an ongoing basis to ensure the continued effectiveness of the controls;

16. Monitoring , controlling , and protecting information transmitted or received by Covered Information Systems at the external boundaries and key internal boundaries of such Information Systems, and employing architectural designs, software development techniques, and systems engineering principles that promote effective security; and

17. Identifying, reporting , and correcting Covered Information System security flaws in a timely manner, provid ing protection from malicious code at appropriate locations, monitoring security alerts and advisories and taking appropriate action in response.

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

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

D. When requested by the DOJ CO or COR, or other DOJ official as described below, in connection with DOJ's efforts to ensure compliance with security requirements and to maintain and safeguard against threats and hazards to the security, confidentiality, integrity, and availability of DOJ Information , Contractor shall provide DOJ , including the Office of Inspector General ("OIG") and Federal law enforcement components, (1) access to any and all information and records, including electronic information, regarding a Covered Information System, and (2) physical access to Contractor's facilities, installations, systems, operations, documents, records, and databases.

Such access may include independent validation testing of controls, system penetration testing , and FISMA data reviews by DOJ or agents acting on behalf of DOJ , and Sl!ch access shall be provided within 72 hours of the…