RFQP05011700008-0001(Catholic_Services).pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

01/09/2017

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

BBASCODE

Federal Bureau of Prisons FCI Bastrop 1341 Highway 95 North Bastrop, TX 78602

Jody Hodges

(O) 512-321-3903 x4448 jmhodges@bop.gov

6. ISSUED BY CODE7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NO.

RFQP05011700008

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

12/08/2016

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning __1__copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

THIS SOLICATION, RFQP0501170008, IS HEREBY MODIFIED TO REFLECT THE NEW DATE FOR RECEIPT OF QUOTES AS JANUARUY 20, 2017, 12:00 p.m. C.S.T.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Jody Hodges

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

RFQP05011700008/0001 Page 1 of 25

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2.1 Schedule Continued

2.2 Statement of Work

3 Contract Clauses 52.21-603-70 Contracting Officer's Representative (COR) (June 2012) 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)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

OR OTHER NATIONAL EMERGENCY (May 2008) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) 12 Common Law DJAR-PGD-15-02-1A Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - (DEVIATION 2015-02) (March 2015) DJAR-PGD-15-02-1B Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Solicitation - (DEVIATION 2015-02) (March 2015) DJAR-PGD-15-03 Security of Department Information and Systems 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (Nov 2016) 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984) BOP 2852.237-77 Contractors Classified as Common Law Employees (Nov 2014) DJAR-PGD-15-02-2A Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - Award (DEVIATION 2015-02) (March 2015) DJAR-PGD-15-02-2B Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Award - (DEVIATION 2015-02) (March 2015) .19

4 List of Attachments 5 Solicitation Provisions

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005)

BOP 2852.237-71 REQUIREMENTS FOR RELIGIOUS SERVICES (JAN 2005)

RFQP05011700008/0001 Page 2 of 25

Section 2 - Commodity or Services Schedule

Catholic Priest Services - FCI Bastrop

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Year:

Effective Date of Award (EDOA) through 12 months from EDOA

Line Period of Performance: 04/01/2017 - 03/31/2018

Base Period

Previous :

112.000000

Change: 0.000000

Current :

112.000000

SS $____________ $___________________

0002 Option Year 1:

13 months from EDOA through 24 months from EDOA

Line Period of Performance: 04/01/2018 - 03/31/2019

Option Period

Previous :

112.000000

Change: 0.000000

Current :

112.000000

SS $____________ $___________________

0003 Option Year 2:

25 months from EDOA through 36 months from EDOA

Line Period of Performance: 04/01/2019 - 03/31/2020

Option Period

Previous :

112.000000

Change: 0.000000

Current :

112.000000

SS $____________ $___________________

0004 Option Year 3:

37 months from EDOA through 48 months from EDOA

Line Period of Performance: 04/01/2020 - 03/31/2021

Option Period

Previous :

112.000000

Change: 0.000000

Current :

112.000000

SS $____________ $___________________

0005 Option Year 4:

49 months from EDOA through 60 months from EDOA

Line Period of Performance: 04/01/2021 - 03/31/2022

Option Period

Previous :

112.000000

Change: 0.000000

Current :

112.000000

SS $____________ $___________________

0006 Six Month Extension if Needed:

61 months from EDOA through 66 months from EDOA

Line Period of Performance: 04/01/2022 - 09/30/2022

Option Period

Previous :

56.000000

Change: 0.000000

SS $____________ $___________________

RFQP05011700008/0001 Page 3 of 25

Current :

56.000000

2.1 Schedule Continued

ESTIMATED TOTAL FOR BASE YEAR, FOUR (4) OPTION YEARS, AND SIX (6) MONTH EXTENSION

Please complete the above information when preparing your quote for the base year, four (4) option years, and a six (6) month exten-sion, if necessary. Any resulting contract will be an indefinite delivery/requirements contract with firm-fixed unit prices. As such, quantities listed are estimates only and are not a representation to an Offeror or Contractor that the estimated quantities will be re-quired or ordered, or that conditions affecting requirements will be stable or normal (FAR 16.503(a)(1). Quotes will be evaluated for award based solely upon price. One session equals one (1) hour.

Pursuant to FAR 17.203(b), the Government’s evaluation shall be inclusive of options. Pursuant to FAR 17.203(d), quoters may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

Pursuant to FAR 52.204-7, System for Award Management (SAM). All vendors doing business with the Federal Government are re-quired to have a DUNS# and to be registered in the SAM database prior to an award being offered.

If award is made to an individual, the provision of these services has been determined to meet certain criteria for creating a common law employment relationship. Therefore, the BOP is responsible for the payment of FICA taxes (7.65%) and the witholding of the in-dividual employee's taxes. These responsibilities apply only when award of this solicitation is made to an individual. It does not apply to companies or individuals who are incorporated. For evaluation purposes, an additional 7.65% will be added to the price submitted by individuals who are not incorporated.

Complete blocks 17a, 30a, 30b on solicitation form, Schedule of Supplies with total estimated amount, two personal references, letter of endorsement from local religious organization, education requirements in the statement of work, Common Law Forms (if quoter is an individual and not a corporation), and Credentials of Religious Services form. Return completed solicitation to FCI Bastrop by closing date. Include DUNS# and an e-mail address on solicitation that is submitted.

After review of these documents by Bureau of Prisons staff, vendors may be requested to submit additional documents for review or be interviewed by Bureau of Prisons staff. Vendors failing to submit any of the required documents or participate in an interview (when required) will be removed from further consideration of award.

Associated Lines:

2.2 Statement of Work

STATEMENT OF WORK

Catholic Priest

Subject

The Federal Bureau of Prisons, Federal Correctional Institution, intends to award a firm fixed price requirements type contract to a qualified entity for the provision of professional, non-personal services in the form of an Ordained Catholic Priest for inmates at the Federal Correctional Institution in Bastrop, Texas. Services will be provided in English and Spanish.

Place of Performance

The place of performance will be the Religious Services Department at the Federal Correctional Institution (FCI) and the Satellite Prison Camp (SCP) in Bastrop, Texas.

Schedule of Performance

The contractor is expected to participate in institution scheduled Catholic Mass on a mutually agreeable basis each week. Services will be provided in English and Spanish. Each visit will be approximately two (2) sessions per week – one session at the FCI and one ses-sion at the SPC. A session is defined as one hour.

RFQP05011700008/0001 Page 4 of 25

The Catholic Priest will perform an estimated 112 sessions per year. A session shall consist of one (1) hour and no more than thirty

(30) sessions shall be performed in any given week. The combination of sessions and specific days/evenings of the week will be mutu-ally agreed upon by the Religious Services Department and the Contractor, and can be subject to change as the needs of the institution may vary.

The number of sessions is an estimate only and does not guarantee the government will require this amount, nor is the contractor en-titled to compensation for this amount. Compensation will be based upon actual sessions performed.

In the event of an institution emergency, institutional activities, and/or holidays, program schedules may be delayed or canceled as de-termined by the institution.

Period of Contract

The period of contract will be from date of award through twelve (12) months with a four (4) year option for renewal with a six (6) month extension thereafter, if necessary.

Equipment and Supplies

All equipment and supplies are provided by the Federal Correctional Institution, Religious Services Department. Any exceptions will be agreed upon by the contractor and the Contracting Officer’s Representative (COR). The Government will not be responsible for any personal equipment brought into the facility.

Method of Performance

Services of a professional, ordained Catholic Priest to perform Catholic services for the Religious Services Department at the FCI and at the SCP. This will include conducting Sunday Catholic Mass on a weekly basis, hearing confessions by Catholic inmates, and con-ducting Catholic Mass on Special Holy Days of Obligation according to the Catholic Religious Calendar.

Provision of these services will result from a contractual arrangement and not a personnel appointment. Payment will be based on the provision of an end product or the accomplishment of a specific result. Provision of these services will not constitute an employer/em-ployee relationship and the contractor will not be subject to government supervision, except for security related matters. However, contract performance shall be closely monitored.

Contractor will ensure the requirements are met in accordance with the policies described here within. The religious services provided, being professional in nature, will be provided in the method as considered consistent with community standards. These services al-though not directly supervised, will be reviewed by the Supervisory Chaplain or the COR.

Restrictions on Contract Workers

The contract worker shall not supervise inmates, supervise Bureau of Prisons staff, participate in inmate accountability, requisi-tion, sign for or pick up supplies, formulate policy or procedures, attend meetings, staff recalls, or staff functions.

General Topics for Catholic Contractors:

1. Articles of Faith (Nicene and Apostles Creed)

2. Catholic Morality

3. Sacraments

4. Days of Obligation and Sunday Worship

5. Understanding Sacred Scripture

6. Annual Lectionary Readings

7. Christian Living

8. The Place of Devotion in the Life of Catholics

9. Seasons of the Church Year

10. Veneration of Saints

11. Adoration Reserved for God Alone

12. Celebration of the Eucharist (ritual practices)

13. Ecumenism

14. Understanding Sin

15. Reconciliation

16. The Role of the Family in Catholic Life

17. Spirituality

18. The Disciplines of the Church (Fasting, etc.)

19. Sacramental

20. Catholic Social Teachings

RFQP05011700008/0001 Page 5 of 25

Qualifications/Requirements

The selected contractor must be a member in good standing with a recognized Catholic community and have extensive experience serving as a Priest or Spiritual Leader for a Catholic congregation.

The contractor must possess an ordination certificate or like document showing the contractor is a recognized clergy or spiritual leader in good standing with the faith community.

The contractor must have a minimum of three years of documented, continuous full time experience as a minister with the faith com-munity.

The contractor must possess at a minimum, a Bachelor of Arts degree from an accredited college or university with a major in reli-gious studies, religious education, or a related curriculum.

In addition to the above, all quoters must provide the following with their quote:

- “Credentials of Religious Services Contractor” form

- Two personal references

- One letter of endorsement from local religious organization

All information provided will be reviewed by BOP staff. Quoters may be required to submit additional documents for review and/or be interviewed by BOP staff.

Quoters failing to submit any of the required documents or participate in an interview (if required) will be removed from further con-sideration for award. Quoters providing unfavorable responses to the credentials form, or in the interview, may be ineligible for award.

Inmate Management

Provisions of service under this proposed contract will require frequent and unsupervised contact with inmates. The contractor 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. The contractor will report any infraction of institutional rules and regulations by inmates to the Religious Services Department, COR, or an appointed Government employee.

Institution Security

The contractor agrees to adhere to all regulations prescribed by the institution for the safety, custody, and conduct of the inmates. The contractor will attend an orientation program prior to assuming institutional involvement. Reimbursement to the contractor for time spent in institution security orientation, or other periodic related training, will be at the contract rate, prorated hourly.

Payment Terms

The contractor shall provide a monthly billing statement to the Federal Correctional Institution Religious Services Department which accurately reflects days worked, number of sessions worked, and the total amount due for the previous month’s services.

Payment terms as specified in FAR 52.212-4(g), 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 accepts the services performed by the contractor. The contractor can however offer discount payment terms for prompt payments as specified in block 12 on the SF-1449 form of this solicitation.

The contractor must provide a means of electronic payment to include bank routing and account number.

If the resulting contract is made to an individual, the provision of these services has been determined to meet certain criteria for creat-ing common law employee relationship. Therefore, the BOP is responsible for the payment of FICA taxes (7.65%) and the withhold-ing of the individual’s taxes. These responsibilities apply only when award of this solicitation is made to an individual. It does not ap-ply to companies or individuals who are incorporated. For evaluation purposes, an additional 7.65% will be added to the price submit-ted by individuals who are not incorporated.

Contract Security

The following investigative procedures will be applied and appropriate forms completed before any contractor employees are permit-ted inside an institution:

1. National Crime Information Center (NCIC) check;

RFQP05011700008/0001 Page 6 of 25

2. Name check;

3. FD-258 (fingerprint check);

4. Law Enforcement Agency checks;

5. Vouchering of Employers;

6. Completed SF-171 (Application for Federal Employment);

7. Completed Contractor Pre-employment Form;

8. Release of Information;

9. National Agency Check and Inquiries (NACI) check (if applicable).

In addition to the above procedure, contract employees must agree to undergo a urinalysis test (for the detection of marijuana and oth-er drug usage). Each prospective contractor is advised that a urinalysis test may be required (for detection of marijuana and other drug usage) before the contract is awarded. If the proposed contract is with an individual, and if the test is positive, the proposed contractor shall be disqualified from being awarded the contract. If the proposed contract is with a company and the individual(s) assigned to per-form the work test positive, the individual(s) shall be excluded and the proposed contractor shall provide acceptable replacement per-sonnel subject to the same security requirements. Before a quote can be considered for award, the contractor must agree to submit to all the above requirements.

Miscellaneous Information

All potential quoters are advised that the attached solicitation includes the clause FAR 52.212-4 for Commercial Items, System for Award Management (SAM). This clause requires all contractors doing business with the Federal Government to be registered in the SAM database. Quoters should include their Data Universal Number System (DUNS) number in their quotes. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardee’s DUNS number into the SAM database.

Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award.

Associated Lines:

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (May 2015)

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

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

Clause Title

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

52.232-18 Availability Of Funds (Apr 1984)

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (Apr 1984)

RFQP05011700008/0001 Page 7 of 25

Clause Title

52.253-1 Computer Generated Forms (Jan 1991)

Clauses By Full Text

52.21-603-70 Contracting Officer's Representative (COR) (June 2012)

(a)Erich Stafford ,Supervisory Chaplain , FCI Bastrop,512-321-3903 (4272), is hereby designated as the Contracting Officer's Repres-entative (COR) under this contract.

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

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

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

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

1. Long-Term Contractor Personnel:

In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 con-tractor 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 BI 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 of OPM's scheduling date, the badge can be issued based on a favorable review of the Se-curity 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 is-sued 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 1a. and 1b. above. The pre-appointment waiver re-quirements for short-term contractors are:

RFQP05011700008/0001 Page 8 of 25

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 commen-surate 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 is-suance. 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-I 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 ex-ample, the water delivery contractor that delivers water one time each week and is working on a one-year contract.

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

c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contract-or, 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 BI meeting HSPD-12 and DOJ's BI requirements.

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

Notes:

1. FIPS 201 is available at: www.csrc.nist.gov/publications/fips/fips201/FIPS-201-022505.pdf

2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-I identity proofing process, including initiation and adjudication of the required background investiga-tion, 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-II) requires badge issuance to all affected long-term contractors.

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

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

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

[End of Clause]

52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (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 commit-ment, individuals or contractor employees providing services must have:

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

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

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

If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current inform-ation regarding allied countries: http://www.opm.gov/employ/html/citizen.htm By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.

[End of Clause]

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA OR OTHER NATIONAL EMERGENCY (May 2008)

During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absentee-ism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in Government contracts list

RFQP05011700008/0001 Page 9 of 25 epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.

The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce.

Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation.

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

• Encourage employees to get inoculations or follow other preventive measures as advised by the public health ser-vice.

• Cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services where telework is not an option.

• Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful re-mote work in an emergency.

• Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency.

• Establish communication processes to notify employees of activation of this plan.

• Integrate pandemic health crisis response expectations into telework agreements.

• With the employee, assess requirements for working at home (supplies and equipment needed for an extended tele-work period). Security concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropriate.

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

• Practice telework regularly to ensure effectiveness.

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

• Identify how time and attendance will be maintained.

It is the contractor's responsibility to advise the Government Contracting Officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her ab-sence, another responsible person in the contracting office via telephone or email messages acknowledging the contractor's notifica-tion. The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations.

The Department does reserve the right in such emergency situations to use Federal employees, employees of other agencies, contract support from other existing contractors, or to enter into new contracts for critical support services. Any new contracting efforts would be acquired following the guidance in the Office of federal Procurement Policy issuance "Emergency Acquisitions", May, 2007 and Subpart 18.2. Emergency Acquisition Flexibilities, of the Federal Acquisition Regulations.

[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 haz-ardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other materi-al or working condition designated by the Contracting Officer's Technical Representative (COTR) as potentially hazardous and requir-ing 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 pres-ence 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, dis-covers 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 consti-tute a dispute under the Disputes clause of this contract.

(f) Nothing contained in this clause shall relieve the contractor or subcontractors from complying with applicable Federal, State, and

RFQP05011700008/0001 Page 10 of 25 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)

12 Common Law

COMMON LAW EMPLOYEE (OCT 2003)

This service has been determined to be that of a common law employee if awarded to an individual. Therefore, the following applies:

-Individuals, other than corporations, shall submit a fully completed W-4, Employee’s Withholding Allowance Certificate, along with their quotation or offer.

-When award is made to an individual, the provision of these services has been determined to meet certain criteria for creating a com-mon law employment relationship. Therefore, the BOP is responsible for the payment of FICA taxes (7.65 percent) and the withhold-ing of the individual employee’s taxes. These responsibilities apply only when award of this solicitation is made to an individual. It does not apply to companies or individuals who are incorporated. For evaluation purposes, an additional 7.65 percent will be added to the price submitted by individuals who are not incorporated.

-An award made to an individual resulting from this solicitation is not subject to 52.212-4(i), Prompt Payment Act.

-In addition, to any security requirements, the following forms will be provided to the contractor for completion prior to contract award:

Direct Deposit (SF-1199A) Federal/State/City/County Tax forms (as applicable) Employee Locator Form (DOJ-233) Race and National Origin Identification (SF-181) Self-Identification of Handicap (SF-256) Employment Eligibility Verification (I-9)

Associated Lines:

DJAR-PGD-15-02-1A Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - (DEVIATION 2015-02) (March 2015)

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

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

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

(b) By submitting a response to this solicitation, the offeror represents that, as of the date of this offer -

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

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

(End of Provision)

DJAR-PGD-15-02-1B Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Solicitation - (DEVIATION 2015-02) (March 2015)

RFQP05011700008/0001 Page 11 of 25

None of the funds appropriated to the Department under its current Appropriations Act may be used to enter into a contract, grant, or cooperative agreement with an entity that requires employess or contractors of such entity that requires employees or contractors of such entity seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, ora buse to a designated investigative or law en-forcement representative of a Federal department or agency authorized to receive such information. By submitting a response to this solicitation, the contractor certifies that it does not require employees or contractors of the contractor seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting waste, fraud, and abuse to a designated investigative or law enforcement representative of a Federal depart-ment or agency authorized to receive such information.

(End of Provision)

DJAR-PGD-15-03 Security of Department Information and Systems

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 Con-tract. 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 Informa-tion. 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 me-dium, 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”), re-gardless of form.

B. Personally Identifiable Information (or PII) means any information about an individual maintained by an agency, includ-ing, 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 lim-itation, 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, main-taining, using, sharing, retrieving, disseminating, transmitting, or disposing of (hereinafter collectively, “processing, storing, or trans-mitting”) 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 Represent-ative (“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. Gov-

RFQP05011700008/0001 Page 12 of 25 ernment and Contractor shall neither reproduce nor release to any third-party at any time, including during or at expiration or termina-tion 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 indi-viduals for whom PII has been processed, stored or transmitted under the Contract and whether such information includes social secur-ity 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 en-able 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 Sys-tem backups;

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

9. Establishing an operational incident handling capability for Covered Information Systems that includes adequate prepara-tion, detection, analysis, containment, recovery, and user response activities, and tracking, documenting, and reporting incidents to ap-propriate 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;

12. 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;

13. Limiting physical access to Covered Information Systems, equipment, and physical facilities housing such Covered Informa-tion Systems to authorized U.S. citizens unless a waiver has been granted by the Contracting Officer (“CO”), and protecting the phys-ical facilities and support infrastructure for such Information Systems;

14. Screening individuals prior to authorizing access to Covered Information Systems to ensure compliance with DOJ Security standards;

15. Assessing the risk to DOJ Information in Covered Information Systems periodically, including scanning for vulnerabilities

RFQP05011700008/0001 Page 13 of 25 and remediating such vulnerabilities in accordance with DOJ policy and ensuring the timely removal of assets no longer supported by the Contractor;

16. Assessing the security controls of Covered Information Systems periodically to determine if the…