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U.S. Department of Justice Federal Bureau of Prisons Administrative Division
Field Acquisition Office Grand Prairie, Texas 75051
July 14, 2017
Re: RFQP04181600045, Life Connection Program Resource Specialist Federal Correctional Complex – Terre Haute, Indiana
Dear Quoter:
Accompanying this cover letter is a Request for Quotation (RFQ) prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the acquisition of Life Connection Program Resource Specialist for the Federal Correctional Complex, located in Terre Haute, Indiana. This package contains all the necessary information for submitting a quote for evaluation.
All potential quoters are advised that this solicitation includes the clause FAR 52.212-4 for Commercial Items, which at paragraph (t) System for Award Management (SAM), requires all contractors doing business with the Federal Government must be registered in the SAM database. Quoters should include their Data Universal Number System (DUNS) number in their offers. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardee’s DUNS number into the SAM database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award.
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 (PTAC) 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.
Inspection of the site will be available to all interested quoters. Prior approval is necessary for such a visit and will be coordinated through the institution Religious Services Department.
All quotations must be received on or before the deadline of August 11, 2017, 2017 at 2:00 P.M. Central Standard Time. Quotations shall be submitted to the following email address:
mxxxwalker@bop.gov
Emailed quotes will be accepted in .pdf format only and will be deemed received at the time received as indicated on the email notification. Emails rejected by filters are not the responsibility of the government.
Please do not submit quotes to any location other than the one listed above. Quotes received after the quote deadline will be handled in accordance with FAR 52.212-1(f). No faxed quotes will be accepted.
Should you have any questions, please make these inquires in writing. Questions may be e-mailed to mxxxwalker@bop.gov.
Sincerely, Mark Walker, Contract Specialist Federal Bureau of Prisons Field Acquisition Office
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER OMB Clearance Control Number
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NO.
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
RFQ IFB RFP
SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
29. AWARD OF CONTRACT: REF. OFFER
DATED . . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NAICS:
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
1103-0018
8 (A)
EDWOSB
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
RFQP04181600045
Mark Walker 972-352-4517
BFAO 100
Federal Bureau of Prisons Federal Correctional Complex 4700 Bureau Road South Terre Haute, IN 47802
BTHX
Federal Bureau of Prisons Federal Correctional Complex 4700 Bureau Road South Terre Haute, IN 47802
Federal Bureau of Prisons Federal Correctional Complex Financial Management 4700 Bureau Road South Terre Haute, IN 47802
To provide Life Connections Program Resource Specialist services for FCC Terre Haute, Indiana.
See Continuation Sheet(s)
624190
$11 million
07/14/2017
08/11/2017
14:00:00 CST
BTHX
Federal Bureau of Prisons Field Acquisition Office U.S. Armed Forces Reserve Complex 346 Marine Forces Drive Grand Prairie, TX 75051
BTHX
Page 1 of 40RFQP04181600045
X
STANDARD FORM 1449 (REV. 2/2012) BACK
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
40. PAID BY
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
PARTIAL FINAL
37. CHECK NUMBER
38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER
36. PAYMENT
COMPLETE PARTIAL FINAL
RFQP04181600045 Page 3 of 40
Table of Contents
Section Description Page Number
1 Solicitation/Contract Form 2 Commodity or Services 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) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) DJAR-PGD-14-05 Contractor Notice Regarding DOJ Policy Statement 1200.02, Federal Workplace Responses to Domestic Violence, Sexual Assault, and Stalking (Dec 2014) DJAR-PGD-15-03 Security of Department Information and Systems (Apr 2015) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) 52.24-403-70 Notice of Contractor Personnel Security Requirements (Oct 2005) 52.27-103-72 DOJ Contractor Residency Requirement Bureau of Prisons (June 2004) BOP 52.242-71 Evaluation of Contractor Performance Utilizing CPARS (Apr 2011) 52.239-101 DOJ Residency Requirement – Information Technology (Nov 2008) 52.218-000 Continuing Contract Performance During a Pandemic Inflenza or Other National Emergency (May 2008) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items (Jan 2017) 4 List of Attachments
4.1 Special Contract Conditions
5 Solicitation Provisions 52.233-2 Service of Protest (Sept 2006) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)
5.1 Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items (Oct 2015) 52.27-103-71 Faith-Based and Community-Based Organizations (Aug 2005) 52.212-3 Offeror Representations and Certifications – Commercial Items (Jan 2017)
RFQP04181600045 Page 4 of 40
Section 2 – Commodity or Service Schedule
SCHEDULE OF SUPPLIES/SERVICES
CONTINUATION SHEET
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
To provide Life Connections Program Resource Specialist services for FCC Terre Haute, Indiana. Base Year - Effective Date of Award (EDOA) through September 30, 2018.
To provide Life Connections Program Resource Specialist services for FCC Terre Haute, Indiana. Option Year #1 – October 1, 2018 through September 30, 2019.
To provide Life Connections Program Resource Specialist services for FCC Terre Haute, Indiana. Option Year #2 - October 1, 2019 through September 30, 2020.
To provide Life Connections Program Resource Specialist services for FCC Terre Haute, Indiana. Option Year #3 - October 1, 2020 through September 30, 2021.
To provide Life Connections Program Resource Specialist services for FCC Terre Haute, Indiana. Option Year #4 - October 1, 2021 through September 30, 2022.
To provide Life Connections Program Resource Specialist services for FCC Terre Haute, Indiana Option to Extend Services (FAR 52.217-8) – October 1, 2022 from March 30, 2023.
SS
2.1 Pricing Methodology
Total amount for the Base Year and all Option Periods $______________________________
PRICING METHODOLOGY
The Contractor shall provide services, upon request by the institution as detailed in the Statement of Work. The Government reserves the right to award without discussion. Therefore, each initial quote should contain the quoter's best terms from a cost or price standpoint.
Services are required to be provided in accordance with the Statement of Work (SOW).
The contract rate for these services shall be on a per session basis. Session lengths are defined as one (1) hour. (Six hours per day, 5 days per week, for 48 weeks per year = 1440) The contract rate shall include all charges for providing these services. The contract pricing shall include all charges to the Government for performing the services required by this solicitation/contract (e.g., bonding, overhead, profit, supervision, lodging, transportation).
The quantity of services to be provided by the Contractor is estimated above. These estimates are not a representation to an offeror or contractor that the estimated quantities will be required or ordered, or that conditions effecting requirements will remain stable or normal (FAR 16.503(a)(1)). The offerors are required to submit a completed copy of the Schedule of Supplies/Services, located in the table above, inclusive of the base year and all option years.
Pursuant to FAR 17.203(b), the Government's evaluation shall be inclusive of options. Pursuant to FAR 17.203(d), the offeror may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.
RFQP04181600045 Page 5 of 40
2.2 Statement of Work
INTRODUCTION
The Federal Bureau of Prisons (BOP), Field Acquisition Office, Grand Prairie, Texas intends to make a single award to a responsible entity for the provision of Life Connections Program Resource Specialist services for the Federal Correctional Complex (FCC) located in Terre Haute, Indiana. General information regarding the Bureau of Prisons (BOP) and its facilities is located at www.bop.gov. The Government reserves the right to award without discussion and to make a single award. Therefore, each initial quote should contain the quoter's best terms from a cost or price standpoint. The base period of performance shall begin on the effective date of award through September 30, 2018 with four optional performance periods.
BACKGROUND
In September 2000, the Executive Staff of the Federal Bureau of Prisons approved a concept which would initiate a pilot program of multi-faith Residential Faith-based Pre-release Program. This is a voluntary program which will initially be located in five institutions in various regions of the country. The program will be available to men and women inmates.
The program provides inmates with intensive opportunities for spiritual growth and deepening their religious roots by sharing common space and programs for the purpose of personal transformation and reducing recidivism. Inmates will participate in religion specific and inter-faith program components designed to bring restoration with God, family, community, and self. The program's design will increase religious tolerance and respect among inmates of various faiths; will connect each inmate with a spiritual mentor;
and will link participants with a faith community at their release destination in order to enhance community reintegration. Another component of the program will initiate specific Victim Impact programs to assist inmates in claiming responsibility for their actions and making amends with victims, family, and community.
The program will enlist partnerships with individuals and organizations in its efforts to lower recidivism and facilitate spiritual growth and personal change. Volunteers, contractors, mentors, sponsoring religious congregations and organizations are all essential partners in the program.
The goal of the Bureau of Prisons Residential Faith-based Pre-release Program is to provide inmates living in a shared living space with intensive opportunities for holistic life restoration for the purpose of reducing recidivism and enhancing prison management.
SUBJECT
Acquisition of a Resource Specialist to coordinate all program print and audio-visual resources needed for inmates participating in the Bureau of Prisons Residential Faith-Based Pre-release Program at the United States Penitentiary, Terre Haute, Indiana.
PLACE OF PERFORMANCE
The services to be provided will be accomplished at: United States Penitentiary 4700 Bureau Road South Terre Haute, IN 47802
SCHEDULE
Contract employee will provide approximately 30 hours each week coordinating all program components, facilitating of workshops, seminars and other programming needs for the Residential Faith-Based Program. A session defined as one (1) hour in duration. Work hours will normally be between 12:30 and 3:30 p.m. and 5:30 and 8:30 p.m. Hours may be adjusted to meet the needs of the institution. Estimated annual hourly sessions are approximately 1440 per 12-month period. A mutually agreed upon schedule will be determined following the award of the contract.
The Contracting Officer’s Representative (COR) or Life Connections Program Chaplain (LCP Chaplain) will be responsible for defining each weekly schedule. The schedule is subject to change based on the variable needs of the institution and the unpredictable nature of the correctional environment. Advance notice of schedule changes will be given whenever possible. Due to the nature of the correctional setting, delays in performance of work may be expected. Such delays may include, but are not limited to inclement weather, electrical or mechanical problems, or other security matters. In the event of any delay in performance, the contractor will be paid for a minimum one (1) session. Normally, any remaining sessions for that day will be suspended, the Contractor will be free to leave, and the Contractor will not be paid for the remaining incomplete sessions. However, if the institution requests that the Contractor remain at the institution for eventual performance, the Contractor will be paid for such sessions. In the event of any long term absence, the contractor will generally be expected to provide replacement coverage, unless prior arrangements have been made between the Contractor and the COR or LCP Chaplain. Upon agreement, any changes to the schedules must be coordinated with the
RFQP04181600045 Page 6 of 40
COR or LCP Chaplain assigned under this contract.
SUPPLIES
All supplies, that the contract employee may routinely need, will be provided by the United States Penitentiary, Terre Haute, Indiana.
These supplies will normally include any materials needed to perform the services covered under this contract.
MINIMUM REQUIREMENTS
The contractor must possess a Bachelor of Arts degree from an accredited college or university. A major in religious studies, religious education, or related curriculum is preferred. Course work in library science will be considered as useful in meeting the requirements of this contract.
The selected contractor must possess, through a combination of education and experience, a general working knowledge of a broad variety of religious traditions. The contractor must have excellent communication skills to include documented experience in public speaking. The Life Connection Program Resource Specialist contractor must have experience in managing multiple tasks in the coordination of daily activities involving numerous and diverse groups of people.
Experience working in a correctional setting is preferred but not required.
DESCRIPTION OF DUTIES
The service provided, being professional in nature, will be provided in the method considered normal in the local community. The Life Connection Program Resource Specialist will be knowledgeable of program goals, scheduling and will work with the Life Connections Program Chaplain.
The Life Connection Program Resource Specialist will be required to coordinate all program print and audio-visual resources including-but not limited to:
• Assist in developing lesson plans using the LCP curriculum for a diverse group of religions, present and lead faith specific study groups and educational classes.
• Coordinate all print and audio-visual resources for LCP staff and contractions.
• Coordinate and track all print and audio-visual resources used by LCP inmates.
INMATE MANAGEMENT
The contractor, as well as all employees of the contractor, agrees to adhere to all regulations prescribed by the institution in regards to the safety, custody, and conduct of inmates. The custody of federal inmates remains a primary responsibility of the designated facility. The provision of services under this contract will require frequent and unsupervised contact with inmates. The contract employee will not be responsible for the management of inmates except to ensure that those inmates involved in activities within the contract employee’s scope of work shall abide by all rules, in effect, to ensure the safety and well-being of all participants. The contract employee will report any infractions of rules and regulations by any inmate to the LCP Chaplain or COR.
INSTITUTION SECURITY
The Bureau of Prisons requires all non-employees to sign in and out of the institution for security reasons. Contract staff will sign the log, indicating the date of visit to the institution, time of arrival, and time of departure. The Contractor or its’ employees may, at any time, be removed from the institution at the discretion of the CEO. Additionally, contract staff will each be required to wear an ID badge, provided by the Government, at all times within the confines of the institution. The Contractor will maintain and furnish time and attendance reports as required by the Supervisory Chaplain. At the time of arrival and before entry into the institution, contractors may be required to submit their possessions for passage through an x-ray screening machine and may be required to clear a walk through metal detector.
The contractor, as well as all employees of the contractor, must undergo a security clearance process prior to being permitted to enter the institution. It is the responsibility of the contractor to make sure that those employees submit the required information and complete the necessary actions in a timely manner so as to complete their investigations as expeditiously as possible. Additionally, it is the responsibility of the contractor to provide employees to fulfill this contract who are reasonably certain to be able to successfully complete the security scrutiny. This may involve a more intensive screening process on the part of the contractor.
RFQP04181600045 Page 7 of 40
Contractor employees will be provided with a security and BOP procedures orientation session prior to performing any services under this contact. The date and time for this orientation will be coordinated by the COR or LCP Chaplain. Refresher training in security and BOP procedures may be required annually. Compensation to the contractor for time spent in this, and any other required security related training, will be at the contract rate, prorated hourly.
RESTRICTIONS ON CONTRACT WORKERS
The Contract employees shall not supervise inmates, supervise Bureau of Prisons staff, participate in inmate accountability, requisition, sign for or pickup supplies, formulate policy or procedures, or attend staff recalls or staff functions.
The contractor may attend team meetings, departmental meetings, or other meetings relating to the involvement of the services to be provided by terms of the contract. Some meetings will be required and accomplished on contract time.
METHOD OF PERFORMANCE
The Contractor has sole responsibility and discretion for choosing and implementing the manner and method of performing tasks outlined in this Statement of Work as long as the requirements are met in accordance with the policies described above. The contractor will work closely with the Chaplain Program Manager and other program staff to assist in the implementation of the program.
Consultations will be held with Faith-Based Chaplain Program Manager as needed.
The services, although not directly supervised, shall be reviewed by institution religious services staff to ensure contract compliance.
The Contractors performance will be evaluated in accordance with FAR Part 42. Contract monitoring reports will be prepared by the COR or LCP Chaplain and maintained in the contract file. The Government reserves the right to suspend, limit or revoke the Contractor’s privileges at the facility due to violations of security procedures.
When an observation indicates defective performance, the Contracting Officer may issue a Discrepancy Report to the Contractor. The Contractor shall address any Discrepancy Report in writing to the Contracting Officer within ten calendar days of notification, indicating any corrective action taken to rectify the deficiency.
POINT OF CONTACT
The Contractor shall provide a Point of Contact (POC) who shall be responsible for the delivery of services under this contract. The POC shall have the full authority to act on behalf of the Contractor in all matters relating to the daily operation of the contracted services. The Contractor shall designate this individual in writing to the Contracting Officer prior to the start date of the contract. An alternate POC may be designated, however, the Contractor must identify those times when the alternate shall be the primary POC.
The contractor will provide a monthly billing statement to the contract monitor that accurately reflects the days of each visit, the number of hours or sessions of each visit, the general content of the sessions, and the total dollar amount due for that months services.
RFQP04181600045 Page 8 of 40
Section 3 – Contract Clauses
ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions – Commercial Items (May 2015)
The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.
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.acquisition.gov/far
Clause Title 52.203-3 Gratuities (Apr 1984)
52.212-4 Contract Terms and Conditions – Commercial Items (Jan 2017)
52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)
52.224-1 Privacy Act Notification (Apr 1984)
52.224-2 Privacy Act (Apr 1984)
52.228-5 Insurance – Work on a Government Installation (Jan 1997)
52.232-18 Availability of Funds (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)
52.242-13 Bankruptcy (July 1995)
52.253-1 Computer Generated Forms (Jan 1991)
Clauses by Full Text
52.216-18 Ordering (Oct 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the first day of the effective performance period through the last day of the effective performance period.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
(End of Clause)
52.216-19 Order Limitations (Oct 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one session, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
http://www.acquisition.gov/far
RFQP04181600045 Page 9 of 40
(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)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 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.
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.
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 contract period.
RFQP04181600045 Page 10 of 40
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.
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.
DJAR-PGD-14-05 Contractor Notice Regarding DOJ Policy Statement 1200.02, Federal Workplace Responses to Domestic Violence, Sexual Assault, and Stalking (Dec 2014)
(a) Department Policy on Domestic Violence, Sexual Assault, and Stalking. It is the Department’s policy to enhance workplace awareness of and safety for victims of domestic violence, sexual assault, and stalking. This policy is summarized in DOJ Policy Statement 1200.02 (Policy Statement), available in full for public viewing at http://www.justice.gov/sites/default/files/ovw/legancy/2013/12/19/federal-workplace-responses -to-domesticviolence-sexualassault-stalking.pdf. Vendor agrees, upon contract award, to provide notice of this Policy Statement, including at a minimum the above-listed URL, to all of Vendor’s employees and employees of subcontractors who will be assigned to work on Department premises.
(b) Point of Contact for Victims of Domestic Violence, Sexual Assault, and Stalking. The Procurement Executive at 320 First Street, N.W. Room 5005, Washington, D.C. 20534 shall serve as the Bureau of Prisons’ Point of Contact for Victims of domestic violence, sexual assault, and stalking for the services provider under this contract. Contractor agrees to inform its employees and employees of subcontractors who will be assigned to work on Department premises of the name and contact information for the Victim Point of Contract.
DJAR-PGD-15-03 Security of Department Information and Systems (Apr 2015)
I. Applicability to Contractors and Subcontractors
This clause applies to all contractors and subcontractors, including cloud service providers (“CSPs”), and personnel of contractors, subcontractors, and CSPs (hereinafter collectively, “Contractor”) that may access, collect, store, process, maintain, use, share, retrieve, disseminate, transmit, or dispose of DOJ Information. It establishes and implements specific DOJ requirements applicable to this Contract. The requirements established herein are in addition to those required by the Federal Acquisition Regulation (“FAR”), including FAR 11.002(g) and 52.239-1, the Privacy Act of 1974, and any other applicable laws, mandates, Procurement Guidance Documents, and Executive Orders pertaining to the development and operation of Information Systems and the protection of Government Information. This clause does not alter or diminish any existing rights, obligation or liability under any other civil and/or criminal law, rule, regulation or mandate.
II. General Definitions
The following general definitions apply to this clause. Specific definitions also apply as set forth in other paragraphs.
A. Information means any communication or representation of knowledge such as facts, data, or opinions, in any form or medium, including textual, numerical, graphic, cartographic, narrative, or audiovisual. Information includes information in an electronic format that allows it be stored, retrieved or transmitted, also referred to as “data,” and “personally identifiable information” (“PII”), regardless of form.
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B. Personally Identifiable Information (or PII) means any information about an individual maintained by an agency, including, but not limited to, information related to education, financial transactions, medical history, and criminal or employment history and information, which can be used to distinguish or trace an individual's identity, such as his or her name, social security number, date and place of birth, mother's maiden name, biometric records, etc., including any other personal information which is linked or linkable to an individual.
C. DOJ Information means any Information that is owned, produced, controlled, protected by, or otherwise within the custody or responsibility of the DOJ, including, without limitation, Information related to DOJ programs or personnel. It includes, without limitation, Information (1) provided by or generated for the DOJ, (2) managed or acquired by Contractor for the DOJ in connection with the performance of the contract, and/or (3) acquired in order to perform the contract.
D. Information System means any resources, or set of resources organized for accessing, collecting, storing, processing, maintaining, using, sharing, retrieving, disseminating, transmitting, or disposing of (hereinafter collectively, “processing, storing, or transmitting”) Information.
E. Covered Information System means any information system used for, involved with, or allowing, the processing, storing, or transmitting of DOJ Information.
III. Confidentiality and Non-disclosure of DOJ Information
A. Preliminary and final deliverables and all associated working papers and material generated by Contractor containing DOJ Information are the property of the U.S. Government and must be submitted to the Contracting Officer (“CO”) or the CO’s Representative (“COR”) at the conclusion of the contract. The U.S. Government has unlimited data rights to all such deliverables and associated working papers and materials in accordance with FAR 52.227-14.
B. All documents produced in the performance of this contract containing DOJ Information are the property of the U.S.
Government and Contractor shall neither reproduce nor release to any third-party at any time, including during or at expiration or termination of the contract without the prior written permission of the CO.
C. Any DOJ information made available to Contractor under this contract shall be used only for the purpose of performance of this contract and shall not be divulged or made known in any manner to any persons except as may be necessary in the performance of this contract. In performance of this contract, Contractor assumes responsibility for the protection of the confidentiality of any and all DOJ Information processed, stored, or transmitted by the Contractor. When requested by the CO (typically no more than annually), Contractor shall provide a report to the CO identifying, to the best of Contractor’s knowledge and belief, the type, amount, and level of sensitivity of the DOJ Information processed, stored, or transmitted under the Contract, including an estimate of the number of individuals for whom PII has been processed, stored or transmitted under the Contract and whether such information includes social security numbers (in whole or in part).
IV. Compliance with Information Technology Security Policies, Procedures and Requirements
A. For all Covered Information Systems, Contractor shall comply with all security requirements, including but not limited to the regulations and guidance found in the Federal Information Security Management Act of 2014 (“FISMA”), Privacy Act of 1974, E-Government Act of 2002, National Institute of Standards and Technology (“NIST”) Special Publications (“SP”), including NIST SP 800-37, 800-53, and 800-60 Volumes I and II, Federal Information Processing Standards (“FIPS”) Publications 140-2, 199, and 200, OMB Memoranda, Federal Risk and Authorization Management Program (“FedRAMP”), DOJ IT Security Standards, including DOJ Order 2640.2, as amended. These requirements include but are not limited to:
1. Limiting access to DOJ Information and Covered Information Systems to authorized users and to transactions and functions that authorized users are permitted to exercise;
2. Providing security awareness training including, but not limited to, recognizing and reporting potential indicators of insider threats to users and managers of DOJ Information and Covered Information Systems;
3. Creating, protecting, and retaining Covered Information System audit records, reports, and supporting documentation to enable reviewing, monitoring, analysis, investigation, reconstruction, and reporting of unlawful, unauthorized, or inappropriate activity related to such Covered Information Systems and/or DOJ Information;
4. Maintaining authorizations to operate any Covered Information System;
5. Performing continuous monitoring on all Covered Information Systems;
6. Establishing and maintaining baseline configurations and inventories of Covered Information Systems, including hardware, software, firmware, and documentation, throughout the Information System Development Lifecycle, and establishing and enforcing security configuration settings for IT products employed in Information Systems;
7. Ensuring appropriate contingency planning has been performed, including DOJ Information and Covered Information System backups;
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8. Identifying Covered Information System users, processes acting on behalf of users, or devices, and authenticating and verifying the identities of such users, processes, or devices, using multifactor authentication or HSPD-12 compliant authentication methods where required;
9. Establishing an operational incident handling capability for Covered Information Systems that includes adequate preparation, detection, analysis, containment, recovery, and user response activities, and tracking, documenting, and reporting incidents to appropriate officials and authorities within Contractor’s organization and the DOJ;
10. Performing periodic and timely maintenance on Covered Information Systems, and providing effective controls on tools, techniques, mechanisms, and personnel used to conduct such maintenance;
11. Protecting Covered Information System media containing DOJ Information, including paper, digital and electronic media; limiting access to DOJ Information to authorized users; and sanitizing or destroying Covered Information System media containing DOJ Information before disposal, release or reuse of such media;
12. Limiting physical access to Covered Information Systems, equipment, and physical facilities housing such Covered Information Systems to authorized U.S. citizens unless a waiver has been granted by the Contracting Officer (“CO”), and protecting the physical facilities and support infrastructure for such Information Systems;
13. Screening individuals prior to authorizing access to Covered Information Systems to ensure compliance with DOJ Security standards;
14. Assessing the risk to DOJ Information in Covered Information Systems periodically, including scanning for vulnerabilities and remediating such vulnerabilities in accordance with DOJ policy and ensuring the timely removal of assets no longer supported by the Contractor;
15. Assessing the security controls of Covered Information Systems periodically to determine if the controls are effective in their application, developing and implementing plans of action designed to correct deficiencies and eliminate or reduce vulnerabilities in such Information Systems, and monitoring security controls on an ongoing basis to ensure the continued effectiveness of the controls;
16. Monitoring, controlling, and protecting information transmitted or received by Covered Information Systems at the external boundaries and key internal boundaries of such Information Systems, and employing architectural designs, software development techniques, and systems engineering principles that promote effective security; and
17. Identifying, reporting, and correcting Covered Information System security flaws in a timely manner, providing protection from malicious code at appropriate locations, monitoring security alerts and advisories and taking appropriate action in response.
B. Contractor shall not process, store, or transmit DOJ Information using a Covered Information System without first obtaining an Authority to Operate (“ATO”) for each Covered Information System. The ATO shall be signed by the Authorizing Official for the DOJ component responsible for maintaining the security, confidentiality, integrity, and availability of the DOJ Information under this contract. The DOJ standards and requirements for obtaining an ATO may be found at DOJ Order 2640.2, as amended. (For Cloud Computing Systems, see Section V, below.)
C. Contractor shall ensure that no Non-U.S. citizen accesses or assists in the development, operation, management, or maintenance of any DOJ Information System, unless a waiver has been granted by the by the DOJ Component Head (or his or her designee) responsible for the DOJ Information System, the DOJ Chief Information Officer, and the DOJ Security Officer.
D. When requested by the DOJ CO or COR, or other DOJ official as described below, in connection with DOJ’s efforts to ensure compliance with security requirements and to maintain and safeguard against threats and hazards to the security, confidentiality, integrity, and availability of DOJ Information, Contractor shall provide DOJ, including the Office of Inspector General (“OIG”) and Federal law enforcement components, (1) access to any and all information and records, including electronic information, regarding a Covered Information System, and (2) physical access to Contractor’s facilities, installations, systems, operations, documents, records, and databases. Such access may include independent validation testing of controls, system penetration testing, and FISMA data reviews by DOJ or agents acting on behalf of DOJ, and such access shall be provided within 72 hours of the request. Additionally, Contractor shall cooperate with DOJ’s efforts to ensure, maintain, and safeguard the security, confidentiality, integrity, and availability of DOJ Information.
E. The use of Contractor-owned laptops or other portable digital or electronic media to process or store DOJ Information covered by this clause is prohibited until Contractor provides a letter to the DOJ CO, and obtains the CO’s approval, certifying compliance with the following requirements:
1. Media must be encrypted using a NIST FIPS 140-2 approved product;
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2. Contractor must develop and implement a process to ensure that security and other applications software is kept up-to-date;
3. Where applicable, media must utilize antivirus software and a host-based firewall mechanism;
4. Contractor must log all computer-readable data extracts from databases holding DOJ Information and verify that each extract including such data has been erased within 90 days of extraction or that its use is still required. All DOJ Information is sensitive information unless specifically designated as non-sensitive by the DOJ; and,
5. A Rules of Behavior (“ROB”) form must be signed by users. These rules must address, at a minimum, authorized and official use, prohibition against unauthorized users and use, and the protection of DOJ Information. The form also must notify the user that he or she has no reasonable expectation of privacy regarding any communications transmitted through or data stored on Contractor-owned laptops or other portable digital or electronic media.
F. Contractor-owned removable media containing DOJ Information shall not be removed from DOJ facilities without prior approval of the DOJ CO or COR.
G. When no longer needed, all media must be processed (sanitized, degaussed, or destroyed) in accordance with DOJ security requirements.
H. Contractor must keep an accurate inventory of digital or electronic media used in the performance of DOJ contracts.
I. Contractor must remove all DOJ Information from Contractor media and return all such information to the DOJ within 15 days of the expiration or termination of the contract, unless otherwise extended by the CO, or waived (in part or whole) by the CO, and all such information shall be returned to the DOJ in a format and form acceptable to the DOJ. The removal and return of all DOJ Information must be accomplished in accordance with DOJ IT Security Standard requirements, and an official of the Contractor shall provide a written certification certifying the removal and return of all such information to the CO within 15 days of the removal and return of all DOJ Information.
J. DOJ, at its discretion, may suspend Contractor’s access to any DOJ Information, or terminate the contract, when DOJ suspects that Contractor has failed to comply with any security requirement, or in the event of an Information System Security Incident (see Section V.E. below), where the Department determines that either event gives cause for such action.
The suspension of access to DOJ Information may last until such time as DOJ, in its sole discretion, determines that the situation giving rise to such action has been corrected or no longer exists. Contractor understands that any suspension or termination in accordance with this provision shall be at no cost to the DOJ, and that upon request by the CO, Contractor must immediately return all DOJ Information to DOJ, as well as any media upon which DOJ Information resides, at Contractor’s expense.
V. Cloud Computing
A. Cloud Computing means an Information System having the essential characteristics described in NIST SP 800-145, The NIST Definition of Cloud Computing. For the sake of this provision and clause, Cloud Computing includes Software as a Service, Platform as a Service, and Infrastructure as a Service, and deployment in a Private Cloud, Community Cloud, Public Cloud, or Hybrid Cloud.
B. Contractor may not utilize the Cloud system of any CSP unless:
1. The Cloud system and CSP have been evaluated and approved by a 3PAO certified under FedRAMP and Contractor has provided the most current Security Assessment Report (“SAR”) to the DOJ CO for consideration as part of Contractor’s overall System Security Plan, and any subsequent SARs within 30 days of issuance, and has received an ATO from the Authorizing Official for the DOJ component responsible for maintaining the security confidentiality, integrity, and availability of the DOJ Information under contract; or,
2. If not certified under FedRAMP, the Cloud System and CSP have received an ATO signed by the Authorizing Official for the DOJ component responsible for maintaining the security, confidentiality, integrity, and availability of the DOJ Information under the contract.
C. Contractor must ensure that the CSP allows DOJ to access and retrieve any DOJ Information processed, stored or transmitted in a Cloud system under this Contract within a reasonable time of any such request, but in no event less than 48 hours from the request. To ensure that the DOJ can fully and appropriately search and retrieve DOJ Information from the Cloud system, access shall include any schemas, meta-data, and other associated data artifacts.
VI. Information System Security Breach or Incident
A. Definitions
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