Solicitation.pdf

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

Field Acquisition Office Grand Prairie, Texas 75051

November 14, 2013

Re: RFQP05051300013, Cosmetology Instructor Service Federal Medical Center-Carswell, Fort Worth, Texas

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 Cosmetology Instructor Service for the Federal Medical Center-Carswell, located in Fort Worth, Texas. 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.

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 Education Department.

All quotations must be received on or before the deadline of December 19, 2013 at 2:00 P.M. Central Standard Time. Quotations shall be submitted to the following address:

Federal Bureau of Prisons Field Acquisition Office U.S. Armed Forces Reserve Complex ATTN: Mark Walker, Contract Specialist 346 Marine Forces Drive Grand Prairie, Texas 75051

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

(972) 352-4545, or e-mailed to mxxxwalker@bop.gov.

Sincerely, //s//

Mark Walker, Contract Specialist Federal Bureau of Prisons Field Acquisition Office

RFQP05051300013 Page 3 of 32

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) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 1989) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) 52.232-99 Providing Accelerated Payment to Small Business Subcontractors (Aug 2012)(Deviation) . 11 52.252-6 Authorized Deviations in Clauses (Apr 1984) 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)

52.242.1502 Evaluation of Contractor Performance Utilizing CPARS (Apr 2011) DOJ 2640.2F Department of Justice Order 2640.2F (Nov 2008) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items (July 2013) 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 (Feb 2012) 52.27-103-71 Faith-Based and Community-Based Organizations (Aug 2005)

5.11 Common Law Employee Notification (Oct 2003)

52.212-3 Offeror Representations and Certifications – Commercial Items (Aug 2013)

RFQP05051300013 Page 4 of 32

Section 2 – Commodity or Service Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

To provide Cosmetology Instructor services for FMC Carswell, Fort Worth, Texas. Base Year - Effective Date of Award (EDOA) through September 30, 2014

To provide Cosmetology Instructor services for FMC Carswell, Fort Worth, Texas. Option Year #1 – October 1, 2014 through September 30, 2015

To provide Cosmetology Instructor services for FMC Carswell, Fort Worth, Texas. Option Year #2 – October 1, 2015 through September 30, 2016

To provide Cosmetology Instructor services for FMC Carswell, Fort Worth, Texas. Option Year #3 – October 1, 2016 through September 30, 2017

To provide Cosmetology Instructor services for FMC Carswell, Fort Worth, Texas. Option Year #4 – October 1, 2017 through September 30, 2018

1099.00

1680.00

SS

2.1 Pricing Methodology

Total amount for the Base Year and 4 Option Years $______________________________

PRICING METHODOLOGY

The Contractor shall provide non-personal 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 offer should contain the offeror'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. (Sevn hours per day, 35 hours a week, for 48 weeks in duration = 1680) 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).

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. 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.

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 Advanced Occupational Training program in Cosmetology for the Federal Medical Center, Carswell, RFQP05051300013 Page 5 of 32 located in Fort Worth, Texas. 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, 2014, with the government’s unilateral right to exercise up to four, 12 month option periods.

SERVICES TO BE PERFORMED

The BOP has requirement to offer inmates opportunities for improvement to their educational levels and workplace skills while incarcerated. The agreement is for the purpose of providing Advance Occupational Training Program to the incarcerated students at Federal Medical Center, Carswell. The purpose of the classes is to train students for careers in the work force and to provide needed skills for RE-ENTRY employment in the community and to provide skills for existing work details within the institution. The Advanced Occupational Training Programs is to include, but is not limited to the following course:

Cosmetology

The Contractor will direct a Cosmetology training program which will focus on required training for students to complete the Texas Department of License & Regulation Cosmetology license requirements. The initial training course is in place and will need to be maintained an updated as required by the State of Texas. The Contractor will work closely with the Supervisor of Education to establish all needed material/resources for this program.

PLACE OF PERFORMANCE

The training program will be performed at Federal Medical Center, Carswell. The Contractor will sign the log at control indicating the time of arrival to and departure. Half sessions will not be authorized for payment.

INSTITUTIONAL SCHEDULE

Due to the sensitive nature of the correctional environment, the contractor is expected to be prompt in reporting to work in order to support the inmate accountability policy. The courses shall be instructed using class room hours with 7 hours of instruction per day or up to 35 hours of instruction per week. The contractor shall instruct inmate students for one hours sessions, 1500 sessions, typically from Monday - Friday, 7:30 A.M.-11:00 A. M. and 12:00 - 3:30 P. M., including a 60 minute unpaid lunch break from 11:00 A.M. – 12:00 P.M., excluding federal holidays. Hours may be adjusted to meet the needs of the institution. Estimated annual hourly sessions are approximately 1500 per 12-month period. The sessions are on a requirements basis therefore schedule and sessions can change.

The schedule shall not exceed thirty-five (35) hours per week, if the services are performed by an individual. The Contracting Officer’s Representative (COR) 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 absence, the Contractor shall provide replacement coverage. The COR will be responsible for defining each schedule. The schedule is subject to change based on the variable need of the institution(s) and the unpredictable nature of the correctional environment. Upon agreement, any changes to the schedules must be coordinated with the COR assigned under this contract.

The Contractor’s instructors will need to be at the institution at least fifteen (15) minutes prior to the start of their classes in order to be processed for entrance and escorted to the program area. The Contractor will notify the COR or Education Supervisor 24 hours in advance of class cancellation or any changes that may affect classes. The contractor must submit a leave slip for documentation of absence for time & attendance purposes upon return. If the Contractor fails to provide coverage, the Government may seek contractual remedy.

When contract employees report to the institution but are unable to perform services due to such delays, the Contractor will be paid for one (1) session. Normally, any remaining sessions for that day will be suspended and the Contractor will be free to leave. The Contractor will not be paid for the remaining unperformed sessions. However, if the institution requests that the Contractor remain at the institution for eventual performance, the Contractor shall be paid for such sessions. The contractor must provide a time & attendance sheet to the COR each pay period.

SCOPE OF SERVICES

The contractor will make available, on a nondiscriminatory basis, Advanced Occupational Training Program with an emphasis in

RFQP05051300013 Page 6 of 32

Cosmetology consistent with the requirements of this solicitation. The rules and procedures of Federal Medical Center, Carswell, and all applicable Federal and State laws and regulations in effect during the term of this contract will be adhered to. Due to state statute and licensure requirements, the contractor must provide an instructional program that meets the minimum established state educational requirements for Cosmetology programs. The instructor is required to have an extensive knowledge in teaching the areas related to, at a minimum, the 1,500 hour program recognized by the Texas Department of License and Regulation department.

The manner and method in performing the tasks outlined in the statement of work are the sole responsibility and within the sole discretion of the contractor. The contractor shall perform in accordance with accepted professional standards and the methods and guidelines referenced above.

1. Provide instruction in Cosmetology as set forth in Lesson Plans and Curriculum created by accrediting school. Establishment of a permanent record of vocation training completed.

2. Provide instruction consistent with course requirements provided by accrediting school.

3. Enhance course instruction with Live Work and On-The-Job training to meet accrediting school’s expectations.

4. Examination and evaluation of students to determine mastery of course work.

PROGRAM/CLASSROOM MANAGEMENT

The Contractor will train students in Cosmetology with skills to include:

1. Every student will be on a program plan to complete a course study consisting of the minimum state requirements.

2. Students shall perform practical work for the first three hundred hours on manikins only.

The Contractor will provide training program that consists of twenty percent (20%) classroom training and eighty percent (80%) live work. (The live work will be performed by students being directly supervised in the completion of the live work on students and/or inmates at the institution using the most up-to-date equipment, to plan work/activity schedules, for understanding this career field.)

A course outline which provides job entry skills is required. This course description/outline will provide entry and completion requirements for vocational training.

Activities will include various professionally accepted teaching methodologies, which include lectures, class work and individual work. Safety regulations will be adhered to at all items.

The Contractor will also have duties and responsibilities for the maintaining of supplies and inventories. The contractor will assist in paperwork which will be completed for testing the inmates participants for certification in this program. The estimated inmate enrollment will be equivalent to a 25 student minimum per class. The contract will ensure the instruction in each program area includes those components that will lead to successful completion of that course. Certificates of Completion for each course will be awarded to each student upon successful completion.

SUPPLIES AND EQUIPMENT

Classroom equipment, books, and other related supplies will be provided by Federal Medical Center, Carswell. Equipment not provided by the Education Department will be provided by the contractor. The Contractor and/or their instruction(s) will not bring in or remove any equipment, tools or class supplies without prior approval of the Supervisor Education.

ACADEMIC, EXPERIENCE AND/OR SPECIAL QUALIFICATIONS REQUIREMENTS

The successful contractor shall possess a Vocational Certification in Cosmetology from an accredited college, technical school or university and/or experience in instruction in a cosmetology field and be certified by the Texas Department of License & Regulation as a Cosmetology Instructor and maintain a valid license. The instructor must meet the teacher certification requirements for the state of Texas, have at least one year's experience in a related field, and have an extensive knowledge of teaching the areas related to the 1,500 hour program.

All contract instructors assigned to provide instruction as part of this contract must demonstrate knowledge of cosmetology.

Quoters must specifically identify the individual that will be performing these services under any subsequent contract award. The quoter must provide proof that their candidate meets all qualifications. The candidate’s name and qualifications must be submitted at the time the quote is submitted. All Contractors must submit with their quote a resume, photocopies of documents evidencing accreditation, education, and training.

RFQP05051300013 Page 7 of 32

INMATE MANAGEMENT

The Contractor must agree to adhere to all regulations prescribed by Federal Medical Center, Carswell for 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 contractor will not be responsible for the management of inmates except to ensure that those inmates involved in activities within the contractor’s scope of work shall abide by all rules, in effect, to ensure the safety and well-being of all participants. The contractor will report any infractions of rules an regulations by any inmate to the Supervisor of Education, the respective facility, or the COR.

CURRICULUM DEVELOPMENT

The Contractor shall be capable of teaching adult students at high school level. The Contractor shall use a variety of teaching techniques to include classroom lectures. The Contractor will update the curriculum as needed to include current skills. Both the Contractor and Supervisor of Education must approve any changes in scheduled programming to the curriculum.

The Contractor shall provide a written course syllabus to each student enrolled in the program and copies for the Supervisor of Education or COR. The syllabus shall include the topic, date, and the name of the instructor for each session. A weekly and monthly report of hours logged for each student, an inventory of equipment supplies in/out, and a report of pertinent student conduct/assessment of progress for each student will be provided to the Supervisor of Education or COR.

The following subjects will be taught:

1. Theory & Classroom Instruction 75 Hours

a. Orientation

b. Career Information

c. State Laws & Regulations

d. Professional Image

e. First Aid

f. Chemistry

g. Electricity

h. Job Seeking

i. Professional Ethics

2. Bacteriology, Decontamination, Infection Control 75 Hours

a. Types & Classifications of Bacteria, Growth & Reproduction

b. AIDS, Biology, Health & Public Sanitation

c. Disinfection, Sterilization, Sanitation, Chemical Agents & Products

d. OSHA

e. Tools, Equipment Use and Safety, Practical Application of Procedures

3. Shampoo, Rinses, Scalp Treatment, & Related Theory 75 Hours

a. Properties of Hair & Scalp, Hair Growth

b. Hair Analysis & Scalp Care & Practical Application Procedures

c. Shampooing & Related Theory, Practical Application Procedures

d. Chemistry & Use of Shampoo & Conditioning Products

4. Hairstyling & Hair Related Theory 150 Hours

a. Tools & Their Use

b. Wet Hairstyling, Finger Waving, Pin Curls, Roller Curls, Comb-Out Techniques, Braiding, & Practical Application Procedures

c. Thermal Hairstyling and Pressing, Curling Irons, Blow-Dry Styling, Air Waving, & Practical Application Procedures

d. Artistry of Artificial Hair

5. Hair Cutting & Related Theory 200 Hours

a. Basics of Hair Cutting, Tools & Their Use & Safety

b. Sectioning & Practical Application of Procedures, Guides, Elevations, Cutting High Elevation, Reverse Elevation, Blended Elevation, & Practical Applications & Procedure

c. Razor, Clipper, And Scissor-Over-Comb Technique, Special Effects & Practical Application Procedures

6. Hair Coloring & Related Theory 125 Hours

a. Introduction, Nature’s Color, Client Communication, Color Theory

b. Types of Hair Color, Temporary, Semi-Permanent, Oxidative Deposit-Only, Non-Oxidative Permanent, Oxidative Lift- Deposit, Hydrogen Peroxide Developers, Chemistry of Hair Coloring

c. Color Application Techniques & Practical Application Procedures

RFQP05051300013 Page 8 of 32

d. Hair Lightening, Special-Effects Highlighting, & Practical Application of Procedures

7. Chemical Rearranging (texture services) and Related Theory 200 Hours

a. Introduction & History, Modern Chemistry, Perm & Relaxing Products, Chemistry of Products

b. Hair Structure & Chemical Reformation, Rod Selection, Sectioning & Wrapping Techniques

c. Perming Techniques & Practical Application of Procedures

d. Steps in Chemical Relaxing Processes, Chemical Blow-Out, Soft Curl Permanent, Safety Precautions, & Practical Application Procedures

8. Manicuring & Pedicuring & Related Theory 175 Hours

a. The Nail & Its Disorders

b. Introduction, Shapes of Nails, Equipment, Implements, Cosmetics, & Materials

c. Preparation of Manicuring Table, Plain Manicure, Safety Rules, Individual Nail Styling, Theory of Massage, Hand & Arm Massage, Other Types of Manicures, & Practical Application Procedures

d. Preparation of Makeup Application & Cosmetics for Facial Makeup, Chemistry of Cosmetics, Makeup Application Techniques, & Practical Application of Procedures

e. Lash & Brow Tinting, Artificial Eyelashes, & Practical Applications of Procedures

f. Removing Unwanted Hair and Practical Application of Procedures

9. Facials & Related Theory 175 Hours

a. The Skin & Its Disorders

b. Introduction to Facial Treatments, Facial Massage, Facial Manipulations, & Practical Application of Procedures

c. Facials for Dry Skin, Oily Skin, Comedones, Millia, Acne Packs & Masks, Light Therapy & Safety

d. Preparation for Makeup Application & Cosmetics for Facial Makeup, Chemistry of Cosmetics, Makeup Application Techniques, & Practical Application of Procedures

e. Lash & Brow Tinting, Artificial Eyelashes, & Practical Application of Procedures

f. Removing Unwanted Hari and Practical Application of Procedures

10. Salon Business, Retail Sales 50 Hours

a. Introduction & Fundamentals of Business Management, Opening a Salon, Business Plan, Written Agreements

b. Licensing Requirements & Regulations Laws, Safely

c. Compensation Packages, Payroll Deductions, Insurance

d. Salon Operations, Policies, Practices, Telephone Use, Advertising

e. Sales Communications, Public & Human Relationships

f. Securing Employment

11. Miscellaneous 200 Hours

Miscellaneous items will be applied by the instructor to strengthen student performance; additional topics may be identified by institutional Advisory Council as relevant to current trends within the industry or other related training.

INSTITUTION SECURITY

The Contractor agrees to adhere to all regulations prescribed by the institutions in regards to the safety, custody, and conduct of inmates. The Bureau of Prisons requires all non-employees to sign in and out of the institution for security reasons and periodic drug detection screening using IONSCAN® technology. The Contractor will be required to attend a one-time orientation program, consisting of approximately four (4) hours, prior to performing any services under this contract. The date and time for this orientation will be mutually agreed upon by both parties, and reimbursement for attendance will be at the hourly contract rate.

RESTRICTIONS ON CONTRACT WORKERS

The Contractor 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 meetings, staff recalls or staff functions.

PERFORMANCE CONDITIONS

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 services, although not directly supervised, shall be reviewed by institution Education staff to ensure contract compliance.

Contract monitoring reports will be prepared by the COR and maintained in the contract file.

RFQP05051300013 Page 9 of 32

Section 3 – Contract Clauses

ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions – Commercial Items (Sept 2013)

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

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/far

Clause Title 52.253-1 Computer Generated Forms (Jan 1991)

52.242-13 Bankruptcy (Jul 1995)

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

52.232-18 Availability of Funds (Apr 1984)

52.228-5 Insurance – Work on a Government Installation (Jan 1997)

52.224-2 Privacy Act (Apr 1984)

52.224-1 Privacy Act Notification (Apr 1984)

52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)

52.212-4 Contract Terms and Conditions – Commercial Items (Sept 2013)

52.204-13 System for Award Management Maintenance (July 2013)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

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) http://www.acquisition.gov/far

RFQP05051300013 Page 10 of 32

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.

(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.

RFQP05051300013 Page 11 of 32

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.

52.222-42 Statement of Equivalent Rates for Federal Hires (May 1989)

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

This Statement is for Information Only:

It is not a Wage Determination

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.

52.232-99 Providing Accelerated Payment to Small Business Subcontractors (Aug 2012)(Deviation)

This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.

(c) The accelerated payments under this clause does not provide any new rights under the Prompt Payment Act.

Employee Class

Monetary Wage – Fringe Benefits

15090 Technical Instructor $22.27 per hour plus benefits

RFQP05051300013 Page 12 of 32

52.252-6 Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

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

(End of clause)

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

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

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

(c) Prior to commencement of work, contractors are required to inspect for and report to the contracting officer or designee the presence of, or suspected presence of, any unsafe condition including asbestos or other hazardous materials or working conditions in areas in which they will be working.

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

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

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

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 contractor employee whose background investigation (BI) process begins on or after October 27, 2005:

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

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

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

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

High Risk - Background Investigation (5 year scope)

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

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

RFQP05051300013 Page 13 of 32

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 Security Questionnaire and the Federal Bureau of Investigation Criminal History Check (i.e., fingerprint check results).

e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges issued under these procedures will be suspended or revoked.

2. Short-Term Contractor Personnel:

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

a. Favorable review of the security questionnaire form;

b. Favorable fingerprint results;

c. Favorable credit report, if required;5 and

d. Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commensurate BI does not need to be initiated.

A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of issuance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PIV-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 example, the water delivery contractor that delivers water one time each week and is working on a one-year contract.

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

c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contractor, the same pre-employment background investigation waiver requirements that apply to short-term contractors are required.

d. If an intermittent contractor is approved for unescorted access, the contractor will only be issued a daily badge. The daily badge will be issued upon entrance into a DOJ facility or space and must be returned upon exiting the same facility or space.

e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year.

4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated 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 investigation, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-II) requires badge issuance to all affected long-term contractors.

RFQP05051300013 Page 14 of 32

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.

52.27-103-72 DOJ Contractor Residency Requirement (June 2004)

For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commitment, individuals or contractor employees providing services must have:

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

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

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

If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current information regarding allied countries: http://www.opm.gov/employ/html/citizens.htm.

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

52.242.1502 Evaluation of Contractor Performance Utilizing CPARS (Apr 2011)

The services, although not directly supervised, shall be reviewed by the Federal Bureau of Prisons (BOP) staff to ensure contract compliance. The contractor’s performance will be evaluated in accordance with FAR 42.15. Contractor monitoring reports will be prepared by the Contracting Officer’s Technical Representative (COTR) or Contract Monitor (CM) and maintained in the file.

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

DOJ 2640.2F Department of Justice Order 2640.2F (Nov 2008)

Department of Justice (DOJ) Order 2640.2F prohibits the use of non-U.S. citizens in the performance of this contract or commitment for any position that involves access to or assisting in the development, operation, management, or maintenance of any DOJ Information Technology System. By signing this contract or beginning performance, the contractor agrees to this restriction.

[END OF ADDENDUM TO FAR 52.212-4]

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Sept 2013)

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

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

RFQP05051300013 Page 15 of 32

___Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

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

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

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

[Contracting Officer check as appropriate.] XX(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEPT 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUNE 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

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

6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (JUL 2010) (Pub. L. 111-5).

XX(6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUL 2013) (31 U.S.C. 6101 note).

__ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 U.S.C. 2313).

__ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L.

112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

__ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole- Source Award (NOV 2011) (15 U.S.C. 657a).

__ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (11) [Reserved] XX(12)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

__ (ii) Alternate I (NOV 2011).

__ (iii) Alternate II (NOV 2011).

__ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

__ (ii) Alternate I (OCT 1995) of 52.219-7.

__ (iii) Alternate II (MAR 2004) of 52.219-7.

XX(14) 52.219-8, Utilization of Small Business Concerns (JUL 2013) (15 U.S.C. 637(d)(2) and (3)).

__ (15)(i) 52.219-9, Small Business Subcontracting Plan (JUL 2013) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (OCT 2001) of 52.219-9.

__ (iii) Alternate II (OCT 2001) of 52.219-9.

__ (iv) Alternate III…