Food_ _Hospitality_Certificate_Programs_-_Carswell__FBO.pdf

U.S. Department of Justice

Federal Bureau of Prisons Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

October 30, 2013

RE: RFQP05051300015, Food and Hospitality Certificate Programs

Federal Medical Center (FMC) Carswell – Fort Worth, TX

Dear Quoter:

This solicitation package has been prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the acquisition of food and hospitality certificate programs. This solicitation contains all necessary information for submitting a quote for evaluation for performing these services at FMC Carswell, Fort Worth, TX.

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

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

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

Sealed quotes shall be received on or before December 3, 2013 at 2:00 pm Central Standard Time. Quotes shall be submitted in writing to the following address:

U.S. Armed Forces Reserve Complex

346 Marine Forces Drive Grand Prairie, Texas 75051 Attn: Paul Baker, Contract Specialist

Mailed and hand-carried quotes must be delivered to the Contracting Officer at the address listed 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. Please do not submit quotes to any location other than the one listed above. Quotes received after the deadline for receipt of quotes will be handled in accordance with FAR 52.212-1(f). Faxed quotes will not be accepted.

Please place any questions you may have in writing and fax them to 972-352-4545 or e-mail to pbaker@bop.gov. We will consider all questions received and provide responses where appropriate.

Sincerely, //s// Paul Baker, Contract Specialist

Field Acquisition Office

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER OMB Clearance Control Number:

1103-0018

5. SOLICITATION NUMBER

RFQP05051300015

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

10/30/2013

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Paul Baker

b. TELEPHONE NUMBER (No collect calls)

972-352-4559

8. OFFER DUE DATE / LOCAL

TIME

12/03/2013 14:00:00

CODE BFAO

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

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 611519

SIZE STANDARD: D07

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

BCRWCODE15. DELIVER TO

Federal Bureau of Prisons FMC Carswell J Street Building 3000 (Education Department) Fort Worth, TX 76127

CODE BCRW16. ADMINISTERED BY

Federal Bureau of Prisons FMC Carswell

PO BOX 27066

ATTN: Contracting Officer Fort Worth, TX 76127

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

BCRWCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FMC Carswell

PO BOX 27066

Attn: Accounting Department Fort Worth, TX 76127

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

OFFER

SEE ADDENDUM

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

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Provide Food & Hospitality Certificate Programs for FMC Carswell (See Section 2)

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED

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

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

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. __________ OFFER DATED __________.

YOUR OFFER ON SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR

CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

Paul Baker

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

RFQP05051300015 Page 1 of 34

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

RFQP05051300015 Page 2 of 34

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 52.216-18 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) 52.222-42 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(DEVIATION) (AUG 2012)

52.252-6 Authorized Deviations in Clauses (Apr 1984) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) 52.21-603-70 Contracting Officer's Representative (COR) (June 2012)

52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE

2004) 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

52.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR

2011) 52.212--5 Contract Terms and Conditions Required to Implement Statutes or Executive Order--Commercial Items (Sep 2013)

4 List of Attachments

4.1 Special Contract Conditions

5 Solicitation Provisions

5.1 Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)

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

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

5.3 Business Management Questionnaire

RFQP05051300015 Page 3 of 34

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Basic Culinary Skills, Base Year, Performance Period = Effective Date of Award (EDOA) through 12 Months from EDOA

420.000000 HR $____________ $___________________

0002 Basic Culinary Skills, Option Year 1, Performance Period = 13 months through 24 Months from EDOA

420.000000 HR $____________ $___________________

0003 Basic Culinary Skills, Option Year 2, Performance Period = 25 months through 36 Months from EDOA

420.000000 HR $____________ $___________________

0004 Basic Culinary Skills, Option Year 3, Performance Period = 37 months through 48 Months from EDOA

420.000000 HR $____________ $___________________

0005 Basic Culinary Skills, Option Year 4, Performance Period = 49 months through 60 Months from EDOA

420.000000 HR $____________ $___________________

0006 Food and Hospitality Service, Base Year, Performance Period = Effective Date of Award (EDOA) through 12 Months from EDOA

760.000000 HR $____________ $___________________

0007 Food and Hospitality Service, Option Year 1, Performance Period = 13 months through 24 Months from EDOA

760.000000 HR $____________ $___________________

0008 Food and Hospitality Service, Option Year 2, Performance Period = 25 months through 36 Months from EDOA

760.000000 HR $____________ $___________________

0009 Food and Hospitality Service, Option Year 3, Performance Period = 37 months through 48 Months from EDOA

760.000000 HR $____________ $___________________

0010 Food and Hospitality Service, Option Year 4, Performance Period = 49 months through 60 Months from EDOA

760.000000 HR $____________ $___________________

Total Quote for the Base Year plus Four Option Years: ____________________

A hour equals one credit hour.

The Size Standard D07 = $19.0 Million.

2.1 Schedule Continued

Contract Pricing

The contract rates shall be on a per hour basis. A hour is defined as one (1) credit hour of instruction. The contract rates shall include all charges for providing instruction services.

Services are required to be provided in accordance with the Statement of Work, Section 2.2 of this solicitation. Quoters are required to submit a completed copy of the following quote forms, located below, inclusive of the base year and all option periods. Pursuant to FAR 17.203(b), the Government's evaluation shall be inclusive of options. Pursuant to FAR 17.203 (d), quoters may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered. Quotes shall be evaluated for award solely on price.

These estimates are not a representation, to a quoter or contractor, that the estimated quantity will be required, ordered, or that condi-tions affecting requirements will be stable or normal (FAR 16.503(a)(1)).

**A hour is defined as one (1) credit hour of instruction.**

RFQP05051300015 Page 4 of 34

2.2 Statement of Work

Introduction

The Federal Bureau of Prisons, Field Acquisition Office, Grand Prairie, Texas, intends to make a single award to a responsible entity for the provision of Food and Hospitality Certificate Programs (Basic Culinary Skills & Food and Hospitality Service) as prescribed in the description of duties listed below to the inmate population of the Federal Medical Center (FMC) (Carswell) Fort Worth, Texas.

The business must be listed in the directory entitled "Accreditation Institutions of Post-secondary Education".

Place of Performance

The services will be performed at the Federal Medical Center located at J Street, Building 3000, Fort Worth, Texas 76127.

Supplies

All necessary supplies and classroom materials that the contractor may routinely need shall be provided by the Education Department at the institution. If specific material is necessary for the contractor to provide programming, he or she shall forward their request to the Supervisor of Education (SOE). The contractor shall be expected to account for all materials and supplies placed under his or her disposition. The contractor and contract instructors shall not bring in supplies without prior approval of the SOE.

Any textbooks required for courses that the contractor may routinely need shall be provided by the accredited college/university. The books may be recycled for each option year and replaced at the discretion and expense of the contractor. The Education Department at the institution will maintain the books at the institution. The Education Department at the institution will account for all the books under his or her disposition. The contractor may not bring in any textbooks without prior approval of the SOE.

Any software needed to complete course work will be provided by the contractor.

Equipment

The contractor instructors shall not bring in equipment and/or software without prior approval of the SOE.

Classroom Schedule

Classes for the programs shall be taught in three semesters, not to exceed one calendar year. The program for Basic Culinary Skills should not exceed 12 hours per semester. The program for Food and Hospitality Service should not exceed 15 hours per semester.

Specific class schedules will be mutually agreed upon by both parties. Classes will not be held on Federal Holidays.

Lab Instruction: The contractor and instructors will be provide access to the computer lab during the following hours:

Monday- Friday 7:30 am - 10:30 am

12:00 noon - 3:30 p.m.

Core Classes: Core classes shall be instructed during the following hours:

Monday- Friday 7:30am - 10:30 am

12:00 noon - 3:30p.m

4:30 p.m. - 7:30 p.m.

In the event of an emergency, classes may be delayed or cancelled.

Program Management

The contractor shall provide any information that is necessary for audit purposes. The record keeping will be maintained by the con-tractor and submitted to the COR upon request for the purposes of evaluating this program. All activities involved in the programs are to conform to the policies and procedures established by the federal government.

The contractor will be required to present a program curriculum packet and course outline for each program element. The outlines shall be periodically reviewed and updated by the contractor to assure quality programming. The contractor shall furnish upon request

RFQP05051300015 Page 5 of 34 information or data that is needed to comply with the education data system. Such data information would include classroom enroll-ments, attendance records, and classroom completions.

Classroom Management

The services provided, being professional in nature, shall be provided in the method as considered normal for an accredited post-secondary institution. The contractor shall ensure that instruction includes components that will lead to successful completion of the course. The contractor shall provide effective classroom management and instruction for up to 20 inmate participants per program.

Work Management

The successful contractor or instructors will be required to follow any and all applicable guidelines for the services to be provided.

He/she will also maintain accountability of all Government furnished materials, supplies, and equipment.

Inmate Management

Provision of services under this contract will require frequent, unsupervised contact with inmates. The contractor will not be respons-ible for the management of inmates other than to ensure that those inmates involved in activities within the contractor's scope of ser-vices shall abide by all rules in effect to insure their safety and well-being. The successful contractor/instructors must attend the insti-tution familiarization program as required by the Bureau of Prisons policy. He/she is to be constantly aware of security and maintain a professional relationship with inmates at all times. Any violation of the institution rules and regulations are to be brought immediately to the attention of any Government employee who is employed at the FCI, and also report it to the COR for proper action.

Institution Security

The contractor agrees to adhere to all regulations prescribed by the institution for safety, custody and conduct of inmates. The con-tractor's staff shall submit to a background investigation and drug testing and attend an orientation program prior to assuming his or her duties with the institution.

Special Qualifications Required

All contract staff assigned to provide instructional services as part of the resulting contract must be certified in the general field of post-secondary education with certification in their area of expertise. Contract teachers shall be certified to teach in the State of Texas.

The contractor shall also provide pre-approved and qualified personnel who will act as substitute instructors in the event of a sched-uled instructor's absence.

Description of Duties: (Basic Culinary Skills)

The contractor shall provide instruction for students seeking employment or advancement in culinary arts field of studies. The 21 hour accredited certificate program shall place emphasis on acquiring skills to function in a variety of food preparation positions in commercial and non-• commercial kitchens. Graduates of the program should be prepared to seek employment in occupations ranging from entry-level food preparation workers, cooks, food and beverage serving and related work, waiters jobs to advanced positions in restaurant management.

The program shall concentrate on the following accredited courses, but shall not be limited to the following:

1. Sanitation and Safety

2. Basic Food Preparation

3. Advanced Food Preparation

4. Fundamentals of Baking

5. Garde Manger

6. Hospitality Supervision

7. Cooperative Education-Restaurant, Culinary and Catering Management/Manager

Description of Duties: (Food and Hospitality Service)

The contractor shall provide instruction to students in order for them to utilize their skills in a variety of food service industry settings.

The 38 hour accredited certificate program shall prepare the student to function as a food service industry employee.

RFQP05051300015 Page 6 of 34

The program shall concentrate on the following accredited courses, but shall not be limited to the following:

1. Introduction to Hospitality Industry

2. Dining Room Service

3. Basic Food Preparation

4. Sanitation and Safety

5. Composition I

6. Hospitality Supervision

7. Advanced Food Preparation

8. Nutrition for the Food Service Professional

9. Facilities Layout and Design

10. Introduction to Speech Communication or Fundamentals of Public Speaking

11. Business and Professional Communication

12. Hospitality Marketing and Sales or Nutrition in the Community

13. Principles of Food and Beverage Controls

14. Food and Hospitality Elective

15. Food and Hospitality Elective

RFQP05051300015 Page 7 of 34

Section 3 - Contract Clauses

A.1 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 (July 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)

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

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

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

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.

RFQP05051300015 Page 8 of 34

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

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one each, 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; or

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

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in para-graph (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 Regula-tion (FAR)), the Government is not required to order a part of any of 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 limita-tions in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-21 Requirements (Oct 1995)

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

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

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

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

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified un-der 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 Con-tractor 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 Con-tractor shall not be required to make any deliveries under this contract after the last day of the effective performance period.

(End of clause)

52.217-8 Option to Extend Services (Nov 1999)

RFQP05051300015 Page 9 of 34

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 Of-ficer may exercise the option by written notice to the Contractor prior to the expiration of the current performance period.

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor prior to the expiration of the current per-formance 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 five (5) years.

(End of clause)

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

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

This Statement is for Information Only:

It is not a Wage Determination

Employee Class

Monetary Wage - Fringe Bene-fits

Technical In-structor

$27.84

(End of clause)

52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond September 30 of the base year or any option year exer-cised. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropri-ated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30 of the base year or any option year exercised , until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS(DEVIATION) (AUG 2012)

RFQP05051300015 Page 10 of 34

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small busi-ness 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 acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(End of Clause)

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 devi-ation is indicated by the addition of (DEVIATION) after the date of the clause.

(b) The use in this solicitation or contract of any Justice Acquisition Regulation. (48 CFR Chapter 28) clause with an authorized devi-ation 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 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 local laws, codes, ordinances and regulations (including the obtaining of licenses and permits) in connection with hazardous material including but not limited to the use, disturbance, or disposal of such material.

(End of Clause)

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

(a)Kevin McNeary ,Supervisor of Recreation , FMC Carswell,817-782-4000, 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

RFQP05051300015 Page 11 of 34 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.

52.27-103-72 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; or3. 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]

52.24-403-70 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 pic-ture 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 Security Questionnaire and the Federal Bureau of Invest-igation 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 re-quirements 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 commensur-ate BI does not need to be initiated.

RFQP05051300015 Page 12 of 34

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]

52.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR 2011)

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

In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit it 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 an e-mail from the Focal Point thru the following website address webptsmh@navy.milwhen the contract is registered in CPARS. The e-mail will contain a "user ID" and temporary password to register in the CPARS system. The contractor must be registered to access and review its evaluation and/or provide a response. If assistance is required when registering, please contact the Contracting Staff/Focal Point.

(End of Clause)

RFQP05051300015 Page 13 of 34

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

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this con-tract 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)).

___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 incor-porated 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 (July 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 (Aug 2013) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisi-tion of commercially available off-the-shelf items).

__(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 Public Law 112-74, section 740 of Division C of Public Law 111-117, section 743 of Division D of Public Law 111-8, and section 745 of Di-vision D of Public Law 110-161).

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

XX(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]

__ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011) of 52.219-6.

__ (iii) Alternate II (Nov 2011) of 52.219-6.

__ (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 (July 2010) of 52.219-9.

__ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (18) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) 10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

RFQP05051300015 Page 14 of 34

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Jul 2013) (Pub. L.

103-355, section 7102, and 10 U.S.C. 2323).

__ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

XX (23) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). .__ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). .

XX (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).

XX (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

XX (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

XX (30) 52.222-35, Equal Opportunity for Veterans (Sept 2010) (38 U.S.C. 4212).

XX (31) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

XX (32) 52.222-37, Employment Reports on Veterans (Sept 2010) (38 U.S.C. 4212).

XX (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

XX (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O.

13423).

__ (ii) Alternate I (Dec 2007) of 52.223-16.

XX (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.13513).

__ (39) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (40)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (NOV 2012) (41 U.S.C. Chapter 83, 19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

__ (ii) Alternate I (Mar 2012) of 52.225-3.

__ (iii) Alternate II (Mar 2012) of 52.225-3.

__ (iv) Alternate III (NOV 2012) of 52.225-3.

__ (41) 52.225-5, Trade Agreements (Sep 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (43) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (44) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (45) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (46) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (47) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

XX (48) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).