Solicitation_RFQ.pdf

Re: RFQP04I51500013 , Cosmetology Program FCI Waseca

Dear Quoter:

U.S. Department of Justice Federal Bureau of Prisons Field Acquisition Office U.S. Armed Forces Reserve Complex Grand Prairie, Texas 75051

Ju ly 23, 2015

Accompanying this cover letter, is a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the acquisition of an Occupational Training Program -Cosmetology Program (Instructor) for the Federal Correctional Institution (FCI) Waseca located in Waseca, Minnesota. This package contains all the necessary information for submitting a quote for evaluation.

When submitting your quote, the quoter should consider all information provided herein. Please carefully follow all instructions located in the solicitation package concerning content, format, and submission of quotes.

All potential quoters are advised that this solicitation includes FAR 52.2 I 2-4 Contract Terms and Conditions - Commercial Items.

This clause requires contractors doing business with the Federal Government to be registered in the System for Award Management (SAM). Quoters need to provide their Data Universal Number System (DUNS) number within their quote, which allows this Contracting Officer to verify registration within the SAM database. Fai lure to complete the registration procedures outlined in this clause may result in your removal from consideration for award.

If you have questions about the System for Award Management (SAM), Government procurements in general, or need assistance in the preparation of your quote, a local Procurement Technical Assistance Center (PT AC) may be able to help. The Procurement Technical Assistance Program was authorized by Congress in 1985 in an effort to expand the number of businesses capable of participating in the Government marketplace. To locate a PTAC near you, go to http://www.aptac-us.org

Potential quoters are cautioned against discussing the preparation of their quote (including any technical questions) with other Government personnel. The circumstances of such contact, when verified, may resu lt in non-consideration of the quotation. All communications regarding the solicitation, including all technical issues, must be made in writing to the Contracting Officer.

Questions will not be answered by telephone or in person.

All quotations must be received on or before the deadline of August 20, 20 15, at 2:00 P.M . Central Time. Quotations shall be submitted to (e-mail gsveuml@bop.gov or the following address:

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

Please complete required information and return pages I, 3, 22-30 & Attachment l

Mailed or hand-carried quotes must be delivered to the Contracting Officer or to the contracting office at the address shown above no later than the time specified as the deadline for receipt of quotes. The official point for hand-carried quotes will be the receptionist's area on the first floor of the address listed above. Please do not submit quotes to a ny location other th an th e one listed a bove. Quotes received after the deadline will be processed pursuant to Federal Acquisition Regulation 52.2 12- 1 (t).

Should you have any questions, please make these inquires in writi ng. Questions may be submitted via facsimile at (972) 352-4545, or e-mailed to gsveum@bop.gov. Any additional questions not addressed herein, please call me at (972) 352-4537.

Sincerely, Gil Sveum, Contracting Federal Bureau of Prisons Field Acquisition Office

RFQP04151500013 Page 1 of 30

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

RFQP04l5I500013 07/23/20 15

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

CALL: TIME

Gil Sveum 972-352-4537 08/20/2015 14:00:00

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

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

Field Acquisi tion Office

ELIGIBLE UNDER THE WOMEN-OWNED

D HUBZONE SMALL

SMALL BUSINESS PROGRAM

NAICS: 6 1 15 I I

U.S. Armed Forces Reserve Complex BUSINESS D EDWOSB

346 Marine Forces Dri ve D SERVICE-DISABLED SIZE STANDARD: $7,500,000 Grand Prairie, TX 75051

VETERAN-OWNED D SMALL BUSINESS B(A)

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

UNLESS BLOCK IS MARKED

D 13a. THIS CONTRACT IS A

D SEE

RATED ORDER UNDER DPAS

(15 CFR 700) 14. METHOD OF SOLICITATION

SCHEDULE [8] RFQ D IFB D RFP

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

Federal Bureau of Prisons Federal Bureau of Prisons FCI Waseca FCI Waseca I 000 University Dr SW I 000 University Dr SW Waseca, MN 56093 Waseca, MN 56093

17a. CONTRACTOR/ GODE i I FACILITY I 18a. PAYMENT WILL BE MADE BY CODE I BWAS

OFFEROR CODE

Federal Bureau of Prisons FCI Waseca

PO BOX 1731

Attn : Accounting Waseca, MN 56093

TELEPHONE NO.

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

OFFER

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

CHECKED D SEE ADDENDUM

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

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

To provide Cosmetology Program at FCI Waseca per the Request for Quotation.

See Continuation Sheet(s) ( Use Reverse 0 11dlo r At1ach Additional SJree1s as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 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 R ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. 52 .212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

D 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETU RN 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 PRINn

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

Gil Sveum

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53 .212

Table of Contents Section Description Page Number

Solicitation/Contract Form

2 Schedule of Supplies/Pricing Schedule

2. 1 Pricing Methodology

2.2 Statement of Work

3 Contract Clauses 52.216-18 Ordering (Oct 1995) 52.216-19 Ordering Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.232-19 Availability ofFunds for the Next Fiscal Year (Apr 1984)

52.242.1502 Evaluation of Contractor Performance Utilizing CPARS (Apr 2011) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (May 2015)

4 List of Attachments 4 .1 Special Contract Conditions

5 Solicitation Provisions

5.1 Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items (Jul 2013) . 17 52.209-7 Information Regarding Responsibility Matters (Jul 2013) 52.233-2 Service of Protest (Sept 2006)

2852.233 -70 Protests Filed Directly with the Department of Justice (Jan 1998) 52.27-103-71 Faith-Based and Community-Based Organizations (AUG 2005) Subcontract Certification 52.212-3 Offeror Representations and Certifications - Commercial ltems (Mar 2015) . . 22

Section 2 - Commodity or Service Schedule - Cosmetology Program (Instructor) - FCI Waseca - RFOP041515000

Schedule of Supplies/Services/Pricing Schedule Continuation Sheet

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

1440 estimated sessions x $ ______ per session =Total $ ________ (Est. Max.)

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

1440 estimated sessions x $ ______ per session =Total $ ________ (Est. Max.)

-OPTION YEAR TWO: 25 months from EDOA THROUGH 36 months from the EDOA

1440 estimated sessions x $ ______ per session =Total $ ________ (Est. Max.)

-OPTION YEAR THREE: 37 months from EDOA THROUGH 48 months from the EDOA

1440 estimated sessions x $ ______ per session = Total $ ________ (Est. Max.)

-OPTION YEAR FOUR: 49 months from EDOA THROUGH 60 months from the EDOA

1440 estimated sessions x $ ______ per session =Total $ ________ (Est. Max.)

TOTAL FOR BASE YEAR AND FOUR OPTION YEARS __________ (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 hour) basis. The contract rate shall include all charges for providing the vocational program services. Contract pricing shall include all charges to the Government for providing these services required by this solicitation/contract .

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 be based on a price for each session. Contract pricing shall include all charges to the Government for performing the services required by this solicitation/contract. Because services are subject to the Service Contract Act, the Department of Labor has issued a wage determination for this requirement. See Attachment. The wage determination is applicable to occupation codes 15095, Technical Instructor/Course Developer. Quoters are required to submit a completed copy of Section 2 located above, inclusive of the base year and all option periods. Pursuant to FAR 17.203(b), the Government's evaluation shall be inclusive of options. Pursuant to FAR 17 .203( d), the quoters may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

General Information :

STATEMENT OF WORK

Occupational Training Program Provider

Cosmetology

The Federal Bureau of Prisons (BOP), Field Acquisition Office, Grand Prairie, Texas intends to make a single award of an indefinite delivery/requirements type contract with firm fixed prices to a responsible post-secondary, vocational training or industry-based school for the provision of a Vocational Training Program Provider - Cosmetology Program (Instructor) for female offenders at the Federal Correctional Institution (FCI) Waseca, located in Waseca, Minnesota. Successful completion of the training program must qualify inmates for at least entry-level employment in a specified field upon release. General Information regarding the Federal Bureau of Prisons (BOP), its faci lities, and referenced Program Statements can be located at www.bop.gov.

Place of Performance:

Occupational training instruction will be performed in the Recreation Department at the Federal Correctional Institution (FCI) Waseca, MN.

Schedule of Performance:

The courses shall be instructed an estimated 30 hours of classroom instruction per week. Typically, the contractor will provide services Monday through Friday, between 7:30 a.m. and 2:00 p.m., excluding Federal holidays; other days/hours may be implemented if necessary to meet program requirements and these days/hours may be adjusted to meet the needs of the institution.

Any breaks in service, including lunch breaks, will be unpaid . (Specific dates for the classes will be determined by the Supervisor of Education and the contractor) . The estimated hours for these services are on a requirements basis; therefore, schedule and sessions can change.

Due to the nature of the correctional setting, work sessions may be delayed or cancelled with little notice. The contractor shall receive a minimum of two hours pay for showing up at the work site, unless they are notified by the FCI 24 hours in advance they won't be able to work that day . The reasons for such cancellations include but are not limited to institution emergencies, inclement weather, or other security reasons.

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 fo llowing supplies, equipment, and curricu lum materials: Licensed Cosmetology Instructor, maintain continuing education requirements, maintain cosmetology license renewals, a comprehensive Cosmetology Cirriculum.

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

The institution will provide the following supplies, equipment, and curriculum materials: Books, curriculum, equipment, and supplies.

Method of Performance:

20 - 40 percent of the curriculum's competencies must be hands-on replication of the actual work environment. Application of hands-on work must be occupational in nature. An institution live work project may be utilized to demonstrate or apply hands-on competencies. Electronic or computer-based simulation does not satisfy the hands-on or live work requirement.

The Supervisor of Education must approve live work projects .

Marketable programs shall afford inmates the opportunity to gain in demand skills in a specific occupation, industry, or trade. The marketable program must qualify inmate graduates for at least an entry-level position in Cosmetology. As a precondition of the proposal for the contract, the contractor shall specify in writing to the Supervisor of Education the position(s) of employment for which inmate graduates will be eligible to apply.

Scope of Performance:

The Supervisor of Education shall determine the minimum and maximum number of enrollments. Instructors placed on site by the contractor are responsible for the maintenance of transcripts, student attendance records, statistics, and certification records.

The contractor will provide a written curriculum which establishes measurable behavioral objectives and procedures. The curriculum must include clear criteria which establish minimum expectations for program completion, provisions for the assessment of student progress, must identify the hands-on competencies, and must require the students to demonstrate them. In addition to core classes needed to attain a college certificate, an industry-accepted certificate, an Associate in Arts degree (A.A.), an Associate in Science degree (A.S.), or an Associate in Applied Science degree (A.A.S.), the curriculum must also include a course on resume development.

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 FCl Waseca, approval to receive Advanced Occupational Education Funding.

Management:

The instructor will sign the provided log or sign-in log to document full sessions worked each month . The services provided, being non-personal in nature, will be provided in the method as considered in the local community

Non-personal Position This service is a contractual arrangement and 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. The contractor will not be subject to Government supervision, except for security related matters . However, contractor performance shall be monitored.

The Supervisor of Education will periodically evaluate the contractor's performance of the contract. ln this evaluation, the performance of the individual contract instructor will be evaluated. lfthe performance of an individual contract instructor is deemed unacceptable, the contractor will be responsible for immediately replacing that contract instructor.

Inmate/Classroom Management:

Provisions of service under this contract will require instructors placed on site to have frequent and unsupervised contact with inmates. Instructors will not be responsible for the management of inmates other than to ensure those inmates involved in activities within the contractor's scope of work shall abide by all rules in effect to ensure their safety and well-being. Instructors will report any infraction of institutional rules and regulations by inmates to the appropriate institutional staff.

Periodically, the contractor will assist the SOE in administrative tasks, such as planning and process improvements. The contractor shall update the SOE about classroom issues, such as layout, logistics, materials, supplies and equipment. The contractor will present the SOE with reasonable solutions to these related issues for improved instruction and classroom management.

Education Background and Qualifications:

The contractor shall not be a self-employed individual or individual employed by a post-secondary institution. The contract must be between FCI Waseca and [post-secondary institution. vocational training school or industrv-based school].

The Occupational Education Program must fall under the provider' s umbrella of accreditation and lead to transferrable credits resulting in a college certificate, A.A., A.A.S. or A.S. degree . Industry-accepted certification is also acceptable. Providers must be accredited by a recognized accrediting agency. If required for employment, certification tests from outside organizations may be administered to individual inmates upon completion of a specific occupational education program. However, the individual skill competency certification will not replace the training program's overall accreditation .

The contractor will be Licensed by the State of Minnesota as a Licensed Cosmetology School and provide State of Minnesota Licensed School Managers and Instructors .

The Occupational Education Program must lead to a college certificate, A.A., A.S ., A.A.S. or industry-recognized certificate qualifying inmates for at least an entry-level position of employment. Credits earned from the college certificate, A.A., A.S., or A.A.S. must be transferrable to a four-year college.

Four-year degree programs and programs in liberal arts/general studies are not authorized, although limited and specific courses of a liberal arts/general studies nature may be permitted if directly related to preparation for a specific occupation or vocation.

Program Management/Institutional Security:

Instructors placed on site by the contractor shall adhere to all institution regulations . New instructors will attend an orientation program for volunteers and contractors prior to the start of classes; all instructors will attend Annual Refresher Training for volunteers and contractors. Instructors will be paid at the contract hourly rate for time spent in required BOP training.

Miscellaneous Information:

Contract Security I Investigative Requirements 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 (NClC) Check.

2. DOJ-99 (Name Check)

3. FD-258 (Fingerprint Check)

4. Law Enforcement Agency Check

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

6. Resume/Personal Qualifications

7. OPM-329-A (Authority of Release of Information)

8. NACI Check (if app licable)

Instructors placed on site by the contractor shall undergo a urinalysis test (for the detection of marijuana and other drug usage).

Instructors who test positive will be excluded from the institution, and the contractor shall provide acceptable replacement, subject to the same security requirements .

Schedule of Required Insurance:

As required by FAR 52.228-5 entitled "Insurance-Work on a Government Installation," the Contractor shall, at its own expense, provide and maintain during the entire performance of the resulting contract, at least the kinds and minimum amounts of insurance required as listed below:

Worker's Compensation & Employees Liability: $100,000. The required Workers Compensation Insurance sha ll extend to cover employer's liability for accidental bodily injury or death and for occupational disease with a minimum liability of $100,000.

Comprehensive General Liability: $500,000 per accident or occurrence for bodily injury. This insurance shall include Contractor's protective and liability.

Before commencing work under this contract, the Contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required coverage shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the state in which this contract is to be performed, or (2) until 30 days after insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

The Contractor(s) shall insert the substance of this clause, including this paragraph, in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain insurance required in the schedule or elsewhere in the contract. The Contractor(s) shall maintain a copy of all subcontractor's proof of required insurance, and shall make copies avai lable to the Contracting Officer upon request.

Contractor Restrictions The contractor will not: Supervise BOP Staff, participate in inmate accountability, formulate policies or procedures, attend recalls or staff functions, or be a member of the Employees' Club.

By submission of a quotezbid/proposal, the contractor agrees to all the above requirements.

Payment Terms Contractor must provide a means for electronic payment to include bank routing and account number. Payment terms as specified in FAR 52.212-4(g) apply. The contractor shall provide a monthly invoice to the FCI Waseca 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 office 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 (Jul 2013)

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

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (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)

52.212-4 Contract Terms and Conditions - Commercial Items (May 2015)

52 .223-5 Pollution Prevention and Right-To-Know Information (May 2011)

52.224-1 Privacy Act Notification (Apr 1984)

52.224-2 Privacy Act (Apr 1984)

52 .228-5 Insurance-Work on a Government Installation (Jan 1997)

52 .232-18 Availability ofFunds (Apr 1984)

52.232-40 Providing Accelerated Payment to Small Business Subcontractors (Dec 2013)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (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 current performance period through the last day of the current performance period.

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

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

(End of Clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of 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--

(1) 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)(l) or (2) of this section.

( c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52 .216-21 of the Federal Acquisition 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 Schedu le 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 ifthe Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(t) 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 ifthe 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)

52.217-9 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 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 shall not exceed 5 years.

(End of Clause)

52 .222-42 Statement of Equivalent Rates for Federal Hires (May 1989)

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. 534 1 or 5332 .

This Statement is for Information Only:

ft is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits

GS-09 $23 .73 + fringes

(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)

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

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

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

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

(t) 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)

2.27-103-72 DOJ Contractor Residency Requirement (June 2004)

For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or 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/html/citizens.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 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. 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 (CPARS) 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 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 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-12) and Federal Information Processing Standard Publication 201(FIPS201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I.

I. Long-Term Contractor Personnel:

In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 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 I-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 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 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;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 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 BI does not need to be initiated.

A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of issuance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PIV-1 identity proofing process.

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

3. Intermittent Contractors:

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

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

b. Contractors requiring intermittent access should follow the Department's escort policy. Please reference the August 11 , 2004, and January 29, 200 l, 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/fips20l /FIPS-201-022505 .pdf 2 . Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PlV-1 identity proofing process, including initiation and adjudication of the required background investigation, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-11) requires badge issuance to all affected long-term contractors.

3. For contractors in position sensitivity/risk levels above level 1, a favorable review ofa 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 11 311 must be placed in block 11 B 11 of the 11 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 I , a favorable review of a credit check is required as part of the pre appointment waiver package.

(End of Clause)

!END OF ADDENDUM TO FAR 52.212-41

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

(MAY 2015)

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

(I) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.233-3 , Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233 -4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.] XX(!) 52 .203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) ( 41 U.S.C. 3509)). = (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of2009 .)

XX( 4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U .S.C.

6101 note).

(5) [Reserved]. = (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section

743 of Div. C).

XX(8) 52 .209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for

Debarment. (Aug 2013) (31 U.S .C. 6101 note) .

_(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) ( 41 U.S.C. 2313).

(I 0) [Reserved].

= (I l)(i) 52 .219-3 , Notice ofHUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

_ (ii) Alternate I (Nov 2011) of52.219-3 .

XX (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

_ (ii) Alternate I (JAN 2011) of52.2 19-4.

_ (13) [Reserved] _ ( 14)(i) 52.2 19-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

_ (ii) Alternate I (Nov 2011 ) .

(iii) Alternate II (Nov 2011 ).

= (I 5)(i) 52.2 19-7, Notice of Partial Small Business Set-Aside (June 2003) (l 5 U.S.C. 644).

_ (ii) Alternate I (Oct 1995) of52.2 19-7.

_(iii) Alternate II (Mar 2004) of52.219-7.

XX(l 6) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)) .

_ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637(d)(4)).

_ (ii) Alternate I (Oct 200 I) of 52.219-9.

_(iii) Alternate II (Oct 2001) of 52.219-9.

_(iv) Alternate III (Oct 2014) of 52.219-9 .

_ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011 )(15 U.S.C. 644(r)) .

_(19) 52 .219-14, Limitations on Subcontracting (Nov 2011) ( 15 U.S.C. 637(a)( 14)).

_ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U .S.C. 637(d)( 4)(F)(i)).

_ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 D.

XX (22) 52.219-28, Post Award Small Business Program Re-representation (Jul 2013) ( 15 U.S.C. 632(a)(2)).

_ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul

2013) (15 U.S.C. 637(m)).

_ (24) 52 .219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program

(Jul 2013) ( 15 U.S.C. 637(m)).

XX(25) 52 .222-3, Convict Labor (June 2003) (E.O. 11755).

_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

XX(27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX(28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

XX(29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).

XX(30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

XX(31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

XX(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 20 I 0) (E.O. 13496).

XX(33)(i) 52 .222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

_ (Ii) Alternate I (Mar 2015) of 52.222-50 (22 U .S.C. chapter 78 and E.O. 13627).

_ (34) 52 .222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22 .1803.)

_ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) ( 42 U .S.C.

6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

_ (ii) Alternate I (May 2008) of 52 .223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

_ (36)(i) 52.223-13 , Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

_ (ii) Alternate I (Jun 2014) of52.223-13.

_ (37)(i) 52 .223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

_ (ii) Alternate I (Jun 2014) of52 .223-14.

_ (38) 52.223-15 , Energy Efficiency in Energy-Consuming Products (DEC 2007) ( 42 U>S.C. 8259b ).

_ (39)(i) 52.223-16, Acquisition ofEPEAT®-Registered Personal Computer Products (JUN 2014) (E.O.s 13423 and 13514).

_(ii) Alternate I (Jun 2014) of52.223-16.

XX( 40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

_ (41) 52.225-1 , Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

_ (42)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2 112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, !08-78, 108-286, 108-302, 109- 53 , 109-169, 109-283, 110-138, 112-41 , I 12-42, and 112-43.

_ (ii) Alternate I (May 2014) of 52 .225-3 .

_…