solicitation.pdf

September 12, 2014

Re: RFQP04061400002, Energy Technology Program Federal Correctional Complex (FCC) Florence, CO

Dear Quoter:

U.S. Department of Justice Federal Bureau of Prisons Administration Division

Field Acquisition Office U.S. Armed Forces Complex Grand Prairie, Texas 75051

Accompanying this cover letter is a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the acquisition of a Energy Technology Program for FCC Florence, CA. This package contains all the necessary information for submitting a request for quote for evaluation.

When submitting request for 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 the quotes.

All potential quotes are advised that this solicitation includes the clause FAR 52.212-4 and FAR 52.212-3 for Commercial Items. These clauses require all Contractors doing business with the Federal Government to be registered in the System for A ward Management (SAM) database. Quoters should include their Data Universal Number System (DUNS) number in their quotes. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardee's DUNS number. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award.

All communications regarding this RFQ, must be made in writing to the Contracting Officer. Questions will not be answered by telephone or in person. Please read the important instructions that are incorporated by reference in the provision at FAR 52.212-1, Instructions to Offerors Commercial Items, and any addendum thereto. The Contracting Officer assigned to this procurement is the undersigned. Your attention is directed to the fact that the Contracting Officer is the only individual who can legally commit or obligate the Government to an expenditure of public funds should a contract result from this RFQ.

Prospective quoters are also cautioned against discussing the preparation of their quote (or any technical questions) with Government technical personnel. The circumstances of such contact, when verified, may result in nonconsideration of the quote. Accordingly, all communication prior to award shall be directed to the Contracting Officer, in writing, at the aforementioned address.

Sealed quotes shall be received on or before the deadline of October 10,2014, by 2:00pm CST.

Quotes shall be submitted to the following address:

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

Mailed and hand-carried quotes must be delivered to the Contracting Officer at the address shown above no later than the time specified as the deadline for receipt of quotes. The official point of receipt for hand-carried quotes will be in the receptionist's area of the first floor at the address listed above.

PLEASE DO NOT SUBMIT QUOTES TO ANY LOCATION OTHER THAN THE ONE LISTED ABOVE. NO

FAXED COPIES or EMAIL COPIES OF QUOTES WILL BE RECEIVED. (Quotes received after the quote deadline will be handled in accordance with FAR 52.212-1 (f).)

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

If you have any other questions, please feel free to call me at (972) 352-4540.

Sincerely, Kelly S. Kelly, Contract Officer Federal Bureau of Prisons Field Acquisition Office

Enclosure

RFQP04061400002 Page

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

RFQP04061400002

7. FOR SOLICITATION INFORMATION a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE 7 E110CAL

CALL: TIME/() I/() J

Kelly S. Kelly (0) 972-352-4540 (F) 972-352-4545 o2:oo:oo t.s r

9. 1SSUED BY CODE I BFAO 10. THE ACQUISITION IS [R] UNRESTRICTED OR D SET ASIDE: % FOR

Federal Bureau of Prisons D SMAU. BUSINESS D WOMEN.QWNED SMAU. BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN.OWNED

Field Acquisition Office D HUBZONE SMALL

SMALL BUSINESS PROGRAM

NAICS: 611210

U .S. Armed Forces Reserve Complex BUSINESS D EDWOSB

346 Marine Forces Drive D SERVICE-DISABLED SIZE STANDARD:

Grand Prairie, TX 75051 VETERAN.QWNED D B{A) t c2o. 5 itA;/_.t.J SMAU. BUSINESS

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

UNLESS BLOCK IS MARKED

13a. THIS CONTRACT IS A

NET30 D RATED ORDER UNDER DPAS

OSEE (15 CFR 700) 14. METHOD OF SOLICITATION

SCHEDULE ~RFQ D IFB D RFP

15. DELIVER TO CODE BFLX 16. ADMINISTERED BY CODE BFLX

Federal Bureau of Prisons Federal Bureau of Prisons

FCC Florence FCC Florence

ATTN: USP- FINANCIAL MANAGEMENT Attn: USP - Procurement

5880 STATE HIGHWAY 67 SOUTH PO Box 7500

FLORENCE, CO 81226 FLORENCE, CO 81226

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

OFFEROR CODE

Federal Bureau of Prisons

FCC Florence

ATTN: USP- FINANCIAL MANAGEMENT

5880 STATE HIGHWAY 67 SOUTH

FLORENCE, CO 81226

TELEPHONE NO.

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

OFFER

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

HECKED SEE ADDENDUM

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

I 1 ITEMNO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

I

Provide Energy Technology Program for the inmates located in Florence, CO (See Section 2)

See Continuation Sheet(s)

( Ust> Rt'1·use and/or Atwch Adtlitimwl Shuts as Neussory)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTALAWARDAMOUNT(ForGovr. 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 BARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. 52.212·51S ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (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 91/';f ~~ Kelly Kelly

STANDARD FORM 1449 (REV. 0212012)

Prescribed by GSA· FAR (48 CFR) 53.212

Section 2- Commodity or Service Schedule- Energy Technology Program- FCC Florence- RFQPO

Schedule of Supplies/Services/Pricing Schedule Continuation Sheet

-BASE YEAR: Effective Date of Award (EDOA) THROUGH 12 months from the EDOA

360 estimated hours x $ per hour = Total $ (Est. Max.)

-QPTION YEAR ONE: 13 months from EDOA THROUGH 24 months from the EDOA

360 estimated hours x $ per hour = Total$ (Est. Max.)

-{)PTION YEAR TWO: 25 months from EDOA THROUGH 36 months from the EDOA

360 estimated hours x $ per hour =Total $ (Est. Max.)

-{)PTION YEAR THREE: 37 months from EDOA THROUGH 48 months from the EDOA

360 estimated hours x $ per hour = Total $ (Est. Max.)

-{)PTION YEAR FOUR: 49 months from EDOA THROUGH 60 months from the EDOA

360 estimated hours x $ per hour = Total$ (Est. Max.)

2.1 Pricing Methodology

Services are required to be provided in accordance with the Statement of Work (SOW). Quoters are required to submit, as part of their quote, a completed copy of the Schedule of Items/Pricing Schedule.

The contract rate for these services shall be on a per session (session is equal to one month duration) basis. The contract rate shall include all charges for providing the Energy Technology Program. Contract pricing shall include all charges to the Government for providing these services required by this solicitation/contract .

The quantity of supplies 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 wi ll remain stable or normal. Quoters are required to submit a completed copy of Section 2 located above, inclusive of the base year.

Each prospective contractor must complete the following request for quote forms completely and accurately. Each line item price for services, shall include all related charges for supplies, materials, parts, equipment, labor, supervision necessary to provide for preventively and other maintenance repair needed, as stated in the statement of work. Quotes shall be inclusive of all fees for the non-personal services specified in the statement of work. The Government will evaluate quotes for an award based solely on prices related factors only.

Subject

STATEMENT OF WORK

Energy Technology Program

FCC FLORENCE

FLORENCE, COLORADO

The Federal Bureau Of Prisons(FBOP), Federal Correctional Institution (FCI) and Federal Prison Camp (FPC) at the Federal Correctional Complex (FCC), Florence, Colorado intends to make a single award of an indefinite delivery/requirements type contract with fmn-fixed unit prices for the provision of one accredited college certificate program for male inmates (hereinafter referred to as students) via on-site academic instruction at each of the two institutions referenced herein (FCI and FPC) - to be performed concurrently during each contract performance period.

Background The Federal Bureau of Prisons (BOP) was established in 1930 to provide more progressive and humane care for Federal inmates, to professionalize the prison service, and to ensure consistent and centralized administration. The Federal prison system is a nationwide system of prisons and detention facilities for the incarceration of persons who have been sentenced to imprisonment for Federal crimes and the detention of persons awaiting trial in Federal court.

The defined mission of the BOP is as follows :

It is the mission ofthe Federal Bureau of Prisons to protect society by confining offenders in the controlled environments of prisons and community-based facilities that are safe, humane, cost-efficient, and appropriately secure, and that provide work and other self-improvement opportunities to assist offenders in becoming law-abiding citizens.

As an agency under the Executive Branch of the United States Government, the BOP receives an annual appropriation of funds to accomplish its mission. The public trust demands that this annual appropriation be prudently managed. Monies spent to provide education to the inmate population must reflect the agency's best efforts to obtain cost-effective services, consistent with community standards.

In 1996, the Bureau of Prisons standardized procedures to (I) select and fund new vocational/occupational training programs, (2) select and fund existing vocational/occupational training programs, and (3) update equipment for existing vocational/occupational training programs. The following Bureau of Prisons Program Statements, which are available electronically at www.bop.gov, are applicable to this contract and are incorporated by reference to the same effect as if they were given in full text.

Program Statement 5300.21 -Education, Training, and Leisure Time Program Standards.

Program Statement 5353.0 I -Occupational Education Programs Program Statement 123 7.13 - Information Security

Place of Performance Academic instruction will be provided in classrooms in the respective Education Departments at the Federal Correctional Complex (FCC), 5880 State Highway 67 South, Florence, Colorado, 81226. For each Contract performance period, the Contractor shall be responsible for providing a certificate program at each of the respective Institutions (FCI and FPC). Invoices for payment shall be submitted to:

USP

Attn: Accounts Payable PO Box 7500 Florence, CO. 81226 or tlp/businessoffice@bop.gov

Schedule of Performance The Contractor shall provide two separate certificate programs- one each at the FCI and FPC. Each certificate program for each contract period of performance must run concurrently. For maximum efficiency in providing two separate certificate programs simultaneously during each contract performance period. Offerors are encouraged to submit a proposed schedule which rotates instructors/classes/dates/times among each of two Institutions. The proposed schedule should include class/semester dates/times and add/drop dates for each of the two Institutions.

Academic instruction will generally be performed Monday through Friday from 5:30 P.M. through 9:00 P.M., except for Federal Holidays. Specific days and hours and/or instruction during other hours and/or on weekends may be included but are subject to the mutual agreement of both parties. Changes in the schedule resulting from FCC security issues will be subject to the mutual agreement of both parties only. The Contractor shall be entitled to be reimbursed for reasonable costs incurred as a result of schedule changes necessitated by the FCC.

In the event of any instructor's absence, the contractor shall provide replacement coverage. If the contractor fails to provide coverage, the Government may seek contractual remedy.

Supplies and Equipment The contractor will provide the following supplies, equipment, and curriculum materials: The Contractor shall provide one set of textbooks, workbooks and other materials customarily provided to college level students for each course, for 20 students at the FCI and 20 students at the FPC for each contract performance period. Textbooks shall be utilized from one class to the next, and one contract performance period to the next until there is an edition change. The Contractor shall be responsible for bearing the expense of providing updated textbooks resulting from edition changes, in the quantities set forth herein. Textbooks provided by the Contractor (including edition changes) may be "used" as long as they are in a condition customarily deemed acceptable for use by college-level students.

The FCC shall be solely responsible for bearing the expense of purchasing textbooks, workbooks and other materials in excess of the quantities, terms and conditions set forth herein. Textbooks, workbooks and other materials in excess of the quantities set forth herein which are lost, misplaced, confiscated or destroyed will be replaced at the FCC' s expense. With the exception of edition changes, the Contractor shall not be responsible for bearing the expense of extra and/or replacement textbooks, workbooks and/or other educational materials provided under the contract.

Instructors shall be required to obtain advance written approval from the Supervisor of Education (SOE) prior to bringing laptop computers, DVD players, Corel Presentations equipment, and/or other instructional equipment into the Institutions. The FCC Education Department will provide space for classes, utilities, instructional boards, audio visual equipment.

The contractor will make recommendations to the Supervisor of Education pertaining to the selection and purchase of additional supplies and equipment.

Method of Performance On-site academic instruction. Techniques may include but are not limited to demonstration, lecture, videos, hands on practical experience, homework assignments, etc.

Scope of Performance The Contractor shall provide a Post-Secondary Education Program in which satisfactory completion of20-30 college credit hours will yield a Certificate in Energy Technology (i.e. Energy Mechanical Systems, Energy Electrical Systems, Energy Solar Systems, etc.) to qualified students at the FCI and FPC (each program to run concurrently), during each contract performance period. The offeror shall provide services in accordance with the requirements of this solicitation for 20 students at the FCI and 20 students at the FPC. Services shall include the provision of on-site academic instruction and appropriate academic advisement, instructional/course materials, course registration, assessment testing, record-keeping, textbooks, certificates of completion and all services and materials customarily provided to college level students and applicable to the inmate population at the FCC.

Student Placement: Each student will be required to complete mandatory literacy requirements and show proof of a high school diploma or equivalent prior to being considered for placement in the program (testing). Qualified students must satisfactorily complete Contractor placement/testing requirements prior to being enrolled in the program. In the event that a student is dis-enrolled prior to completion of the certificate program, subject to mutual agreement of both parties, the FCC may enroll another student in the dis-enrolled student's place on a one-for-one basis. Students "substituted" in this manner shall be subject to all other student placement requirements. In addition, substituted students must be added before add/drop dates specified in the course schedule. Auditing of classes will not be permitted.

Official Transcripts: The Contractor shall provide one copy of an official transcript to each inmate who completes the certificate program - along with an industry recognized certificate upon completion. Students who do not complete the program will be provided with one copy of an unofficial transcript upon request of the SOE.

Official Points of Contact: The Contractor shall designate an official Point of Contact (POC) for all administrative matters.

The Federal Correctional Complex (FCC) shall designate Official Points of Contact for the respective programs at FCI and FPC.

The respective points of contact shall handle all issues regarding student transcripts, certificates and other administrative matters via e-mail. In the event that verbal discussions occur, subject discussions shall be confirmed via e-mail.

The contractor shall ship all official documentation (i.e. transcripts, certificates, etc.) to the POCs at the following addresses via Federal Express or other shipping company:

FPC

Attn: Education/POe (individual to be designated upon award) 5880 State Highway 67 South Florence, CO 81226

FCI

Attn: Education/POe (individual to be designated upon award) 5880 State Highway 67 South Florence, CO 81226

Prior to shipping official documentation, Contractor POC shall e-mail respective FCC POCs with the shipment tracking number and a brief description of the content of the package. FCC shall forward subject e-mail to FLF/Warehouse and ask to be notified when the package arrives. Respective FCC POCs will send Contractor POC a confirmation e-mail once the package has been received and the contents have been verified.

The contractor shall assist in the recruitment of employers affiliated with the identified occupation to participate in the institution ' s mock job fair.

Performance Conditions Award of this contract is contingent upon Federal Correctional Complex Florence, Colorado approval to receive Advanced Occupational Education funding.

Award of this contract will result in a contractual arrangement only and is not a personnel appointment; payment is based on an end product or the accomplishment of a specific result; the service does not constitute an employer/employee relationship; and the contractor will not be subject to government supervision, except for security-related matters. However, contractor performance shall be monitored.

Performance Period(s) Base Year: Effective Date of Award (EDOA) through 12 months through September 30, 2015 Option Year I: 13 months from October I, 2015 through September 30, 20 16 Option Year 2: 25 months from October I, 2016 through September 30, 2017 Option Year 3: 37 months from October I , 2017 through September 30, 2018 Option Year 4: 49 months from October I, 2018 through September 30, 2019

Inmate/Classroom Management The Contractor shall provide a program for 20 students in the FCI certificate program and 20 students in the FPC certificate program for each contract performance period. On-site academic instructors will be responsible for documenting attendance. Instructors shall notify the Contracting Officer's Representative (COR) or designee immediately if an inmate student is absent. Instructors shall immediately notify the COR (or FCC staff designated by the COR) of disruptive or other inappropriate behavior on the part of inmate students.

Education Background and Qualifications The contractor must be listed in "Accredited Institutions of Post-Secondary Education" or be declared eligible to receive financial aid assistance through the U.S. Department of Education. In addition, all instructors must be qualified/certified to teach post-secondary courses. A list of candidates will be submitted for evaluation and approval by Supervisor of Education or designee.

Program Management/Institutional Security The Contractor shall maintain records on each student which include registration/enrollment status, attendance, academic progress/standing, completion and withdrawal data, and inform the COR (or FCC staff designated by the COR) of issues or concerns in a timely manner. In addition, the Contractor shall designate an individual to provide students with enrollment information, establish and coordinate program requirements, and coordinate affairs between the Contractor and the FCC. All instructors will be required to attend/complete a four-hour security orientation program prior to performing on-site services. Thereafter, all instructors providing on-site services will be required to comply with all applicable Federal Bureau of Prisons security policies and procedures.

Miscellaneous Information Any or all of the following investigative procedures may be applied and appropriate forms completed before any instructors placed on site by the contractor are permitted in the institution:

I. National Crime Information Center (NCIC) Check.

2. FD-258 (Fingerprint Check)

3. Contractor Pre-Employment Form

4. Law Enforcement Agency Check

5. Vouchering of employers over the past five years for each individual or employee

6. Resume/Personal Qualifications

7. Authority of Release of Information

8. NACI Check/Background Investigation

9. OF-306 Declaration of Federal Employment

10. 1-9 Employment Eligibility Verification Form II. Residency Requirement Certification Form

Prospective Contractors are advised that security background investigative procedures normally take eight weeks to complete when they submit the required information to the FBOP in a timely manner.

Prospective Contractors are advised during the solicitation or quotation phase that a urinalysis test is required (for detection of marijuana and other drug usage). If the proposed contract is with a company and the individual(s) assigned to perform the work test(s) positive, the individual(s) shall be excluded from performing the contract and the Contractor shall provide acceptable replacement personnel subject to the same security requirements.

Prospective Contractors and/or Contractor Staff must satisfactorily complete all FBOP security background clearance prior to being accepted by the FBOP for performance of contract services. Under no circumstances shall contractor staff be allowed to perform contractual services prior to satisfactorily completing all subject requirements.

Once Contractor staff performing on-site services satisfactorily complete the required security background procedures, they shall be required to attend/complete a four-hour security orientation program prior to performing on-site services. Thereafter, each instructor shall be required to repeat the four-hour security training on an annual basis. Once initial training is completed, all instructors providing on-site services will be required to comply with all applicable Federal Bureau of Prisons security policies and procedures. Instructors shall be escorted at all times by FCC staff, and shall not be responsible for supervising or managing inmates. The Contractor shall be responsible for any reimbursement of their staff for attendance of this training.

Payment Terms Payment terms as specified in FAR 52.212-4(g) apply. The contractor shall provide a monthly invoice to the Federal Correctional Complex Florence Accounting Department which accurately reflects days worked, number of sessions, and the total amount due for the previous month ' s services. The due date for making an invoice payment by the designated payment offic~ shall be the 30th day after the designated billing office has received a proper invoice, or the government has accepted 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.

Section 3 -Contract Clauses

ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions- Commercial Items (Jul2013)

The tenns and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses Bv Refi -- - -- --

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): www.acguistion.gov/far

Clause Title

52.203-17 Contractor Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Sep 2013)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 20 II)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 20 II)

52.212-4 Contract Tenns and Conditions- Commercial Items (May 20 14)

52.223-5 Pollution Prevention and Right-To-Know Information (May 20 II)

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 (Apr 1984)

52.232-40 Providing Accelerated Payment to Small Business Subcontractors (Dec 20 13)

52.237-2 Protection ofGovernment Buildings, Equipment, and Vegetation (Apr 1984)

52.242-13 Bankruptcy (Jul 1995)

52.253-1 Computer Generated Fonns (Jan 1991)

Clauses by Full Text

52.2 16-18 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 current performance period through the last day of the current perfonnance period.

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

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

(End of Clause)

52.216-19 Order Limitations (Oct 1995)

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

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

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

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

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

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

52.216-21 Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

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

(End of Clause)

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract.

These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The

Contracting Officer may exercise the option by written notice to the Contractor prior to expiration of the current performance period ..

(End of clause)

52.2 I 7-9 Option to Extend the Tenn of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor prior to expiration of the current perfonnance 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 shall not exceed 5 years.

(End of Clause)

52.222-42 Statement of Equivalent Rates for Federal Hires (May I 989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S. C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage--Fringe Benefits

GS-09 $22.74 + fringes

(End of Clause)

52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

Funds are not presently available for perfonnance under this contract beyond September 30 of the base year or any option year exercised. The Government's obligation for perfonnance 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 perfonnance 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 perfonnance and until the Contractor receives notice of availability, to be confinned in writing by the Contracting Officer.

(End of Clause)

52.252-6 Authorized Deviations in Clause (Apr I 894)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation ( 48 CFR Chapter I) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Justice Acquisition Regulation ( 48 CFR Chapter 28) clause with an authorized deviation is indicated by the addition of"(DEVIA TION)" after the name of the regulation.

(End of clause)

2852.209-5a Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability (Deviation 2014-01) (Nov 2013)

(a) In accordance with sections 536 and 537 of the Commerce, Justice. Science, and Related Agencies Appropriations Act. 2014 (Title II , Division B. Pub. L. I 13-76), none of the funds made available by that Act may be used to enter into a contract, memorandum of understanding. or cooperative agreement with a corporation -

(I) 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 adm inistrative 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 liabil ity. where the awarding agency is aware of the unpaid tax liability, 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.

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

(I) 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 li ability 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 co llecting the tax liability.

(End of Clause)

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

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

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

(c) Prior to commencement of work, contractors are required to inspect for and report to the contracting officer or designee the 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 ofthat condition and, if necessary, the contract will be amended. Failure to agree on a course of action will constitute a dispute under the Disputes clause of this contract.

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

(End of Clause)

52.2 1-603-70 Contracting Officer's Representative (COR) (Jun 20 12)

None at this time, is hereby designated as the Contracting Officer's Representative (COR) under this contract.

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

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

2.27-103-72 DOJ Contractor Residency Requirement (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:

I. Legally resided in the United States (U .S.);

2. Worked for the U.S. overseas in a Federal or military capacity;

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/htmllcitizens.htm.

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

(End of Clause)

52.242.1502 Evaluation of Contractor Performance Utilizing CPARS (Apr 20 II)

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

In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit to the Past Performance Information Retrieval System (PPIRS). The BOP utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CP ARS) to provide contractor performance evaluations. The contractor shall provide and maintain a current e-mail address throughout the life of the contract. The contractor will receive and 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 a "user 10" and temporary password to register in the CPARS system. The contractor must be registered to access and review its evaluation and/or provide a response. If assistance is required when registering, please contact the Contracting Staff/Focal Point.

(End of Clause)

Department of Justice Order 2640.2F (Nov 2008)

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

(End of Clause)

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

Compliance with Homeland Security Presidential Directive-12 (HSPD- I 2) and Federal Information Processing Standard Publication 201 (FIPS 201) I entitled "Personal Identification Verification (PlY) for Federal Employees and Contractors," Phase I.

1. Long-Term Contractor Personnel :

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

a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form 1-9, OMB No. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture 10);

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

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

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

High Risk- Background Investigation (5 year scope)

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

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

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

I) Favorable review of the security questionnaire form;

2) Favorable fingerprint results;

3) Favorable credit report, ifrequired;3

4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level ; and

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

A badge may be issued following approval of the above waiver requirements.

If the NAC is not received within five days ofOPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau of 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 BI results so justifY, badges issued under these procedures will be suspended or revoked.

2. Short-Term Contractor Personnel :

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

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

3. Intermittent Contractors:

An exception to the above-mentioned short-term requirements 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 II , 2004, and January 29, 200 I, 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:

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

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

4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations to OPM. Per OPM 's instructions, to obtain an Advance NAC Report, a Code" 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 I , a favorable review of a credit check is required as part of the pre appointment waiver package.

(End of Clause) lEND OF ADDENDUM TO FAR 52.212-41

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS

(JUL 2014)

(a) The Contractor shall comply with the following Federal Acquisition Regulation…