B_Tab_1_Solicitation_Update.pdf

U.S. Department of Justice

Federal Bureau of Prisons Administration Division Field Acquisition Office Grand Prairie, Texas 75051

August 3, 2017

RE: RFQP05051700013

Federal Medical Center (FMC), Carswell, 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 Mortuary services for FMC Carswell, located in Fort Worth, Texas.

This package contains all the necessary information for submitting a request for quote for evaluation.

All potential quoters are advised that this solicitation includes the clause FAR 52.212-4 and FAR 52.212-3 for Commercial Items. These clauses require all Contractors doing business with the Federal Government to be registered in 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.

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

All quotations must be received on or before the deadline of August 8, 2017 at 2:00 P.M. Central Standard Time.

Emailed quotes will be accepted to csolis@bop.gov in .pdf format only and will be deemed 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 email listed above. Quotes received after the quote deadline will be handled in accordance with FAR 52.212-l (f). No faxed or mailed 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 csolis@bop.gov.

Sincerely, //s// Chico O. Solis, Contract Specialist Federal Bureau of Prisons Field Acquisition Office http://www.aptac-us.org/ mailto:csolis@bop.gov mailto:csolis@bop.gov

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

RFQP05051700013

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME

Chico O. Solis csolis@bop.gov

b. TELEPHONE NUMBER (No collect calls)

972-352-4537

8. OFFER DUE DATE / LOCAL

TIME

08/16/2017 14:00:00

CODE 15BFAO

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

9. ISSUED BY UNRESTRICTED OR X SET ASIDE:100.00 % FOR

X 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: 812210

SIZE STANDARD: $7,500,000

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 Fort Worth, TX 76127

CODE BCRW16. ADMINISTERED BY

Federal Bureau of Prisons FMC Carswell

PO BOX 27066

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

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 Mortuary Services for FMC Carswell, Texas, in accordance with the attached schedule and Statement of Work.

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 ARE X ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 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)

Chico Solis

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

RFQP05051700013 Page 1 of 7

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Request for Quotation – Burial and Mortuary Services

Continuation of SF 1449

The Contractor shall provide services, upon request by the institution as detailed in the Statement of Work (SOW). The Government reserves the right to award without discussion. Therefore, each initial quote should contain the quoter’s best terms from a cost or price standpoint.

The estimates in this solicitation are not a representation to an offeror or contractor that the estimated quantity will be required or ordered or that conditions affecting requirements will be stable or normal.

Pricing Methodology: Contract pricing shall be based on line items outlined in Section 2 – Commodity or Services Schedule below. Contracting pricing shall include all charges to the Government for performing the services required by the solicitation/contract.

Award Methodology: This acquisition will be procured in accordance with FAR Part 12 – Acquisition of Commercial Items and Part 13 – Simplified Acquisition Procedures. The Government intends to evaluate quotes and award a contract to the contractor whose quote represents the best value to the Government based on the lowest price, technical ability to meet the requirements listed in the Statement of Work and evidence of local, state and federal licensing to complete all mortuary procedures. The Government reserves the right to require the quoter to submit additional information as necessary to support a pre-award determination of responsibility The Request for Quotation will be issued with a 100% small business set aside.

Section 2 – Commodity or Services Schedule

Contract Pricing

Terms of the contract will be for a base year that extends from the effective date of award through 12 months with four 12 month option years for renewal. Quoters are required to submit a completed copy of the following quote forms, located below, inclusive of pricing of each line item for the base year and all option years.

PLEASE COMPLETE THE FOLLOWING INFORMATION WHEN PREPARING

YOUR QUOTE FOR THE BASE YEAR AND OPTION YEARS.

Schedule of Items:

Quoters should refer to Line Item descriptions below in forming price quotes for services. Contractors may offer varying prices for options and must provide pricing for the base period and four options for each line item.

001: Death Certificate: 2 certified copies per death. (20) Estimated total.

002: Body Preparation: (embalming, cosmetics, etc.). (10) Estimated total.

002a- Normal Case (5) 002b- Autopsied Case (5)

003- Clothing (10): Contractor will furnish and dress the body in all necessary clothing, including cotton undershorts and undershirts, regular length socks, manufactured burial suit of dark or conservative color. Clothing for females will include suitable undergarments, hose, and a manufactured burial dress of conservative style and color.

004- Professional Services (10):

Mortuary Services include, but are not limited to, staff to respond to initial request for services; preparation and filing of necessary certificates and permits, recording vital statistics; coordination with those providing other services, cemetery, crematory, and others.

005- Caskets: (as specified in the Statement of Work). (10) Estimated total.

005a- Wood Casket (1) 005b- Standard Metal (5) 005c- Metal with Hermetic Seal (1) 005d- Oversized Casket (3)

006- Transportation: Contractor to arrange for all air freight to ship the body to the designated funeral home. The government is to be billed the actual shipping cost supported by a copy of the air freight bill. This may also include transportation costs from receiving airport to receiving funeral home WHEN requested and supported by invoice from same.

006a- Price to be based on a per mile rate: Rate may apply to special cases where air connections are difficult or very expensive or time is critical. (1,800 estimated miles) 006b- Pick-up and Delivery: Usually from contracted outside medical facility. Body to local Pathologist for autopsy and/or pick up body for embalming either prior to, or after autopsy. (30 miles)

007- Shipping Containers (10)

007a- Air Tray (estimated shipments within the continental U.S.) (8) 007b- Seasoned Wood (estimated shipments outside the continental U.S.) (2)

008- Cremation: Crematory services, container (urn), shipping charges (10)

008a- Crematory services (5) 008b- Shipping charges (5)

009- Local Burial (2): Local burial to include metal marker and transportation to local site in accordance with attached specifications.

010- Autopsy (5): The Warden of FMC Carswell may order an autopsy be performed. In these cases, the Contractor will be responsible for providing a facility, having an autopsy performed, and all associated costs. This line item will not apply if the autopsy is remanded by the State of Texas Medical Examiner.

Base Year: Effective Date of Award (EDOA) Through 12 Months From EDOA

Line Item Estimated Quantity Unit Price Estimated Maximum Total

001 20 X $ EA $

002a 5 X $ EA $

002b 5 X $ EA $

003 10 X $ EA $

004 10 X $ EA $

005a 1 X $ EA $

005b 5 X $ EA $

005c 1 X $ EA $

005d 3 X $ EA $

006a 1800 X $ Mile $

006b 30 X $ Mile $

007a 8 X $ EA $

007b 2 X $ EA $

008a 5 X $ EA $

008b 5 X $ EA $

009 2 X $ EA $

010 5 X $ EA $

Estimated Maximum Total for Base Year: $

Option Year 1: 13 Months Through 24 Months From EDOA

Estimated Maximum Total for Option Year 1: $

Option Year 2: 25 Months Through 36 Months From EDOA

Estimated Maximum Total for Option Year 2: $

Option Year 3: 37 Months Through 48 Months From EDOA

Estimated Maximum Total for Option Year 3: $

Option Year 4: 49 Months Through 60 Months From EDOA

Estimated Maximum Total for Option Year 4: $

Estimated Maximum Value of Total Contract: $

STATEMENT OF WORK/SPECIFICATIONS

Mortuary / Autopsy Services

FMC Carswell, TX

SUBJECT

The Contactor shall provide mortuary and autopsy services for the inmate population incarcerated at the Federal Medical Center (FMC), Carswell located at Naval Air Station, Joint Reserve Base, Fort Worth, Texas. The Physical location address is J Street, Bldg. 3000, Fort Worth, Texas 76127.

SCOPE OF SERVICES

Upon notification by FMC Carswell of an inmate death, the contract funeral home shall arrange for the transportation of the body from the Medical Examiner’s Office, local hospital, or institution to the contractor’s funeral home. The Contractor shall transport remains in a closed hearse or other vehicle registered within the State of Texas as a hearse used exclusively for the purpose of transporting human dead bodies or funeral equipment.

FMC Carswell will provide the contract funeral home with an authorization to release the body from the Medical Examiner’s Office signed by the next of kin.

On occasion, FMC Carswell may request an autopsy be conducted. The Contracting Officer will notify the contract funeral home that an autopsy is needed. Suitable space in the undertaking establishment shall be available for the performance of postmortem examinations when requested by the Government. All autopsies must be conducted by a licensed forensic pathologist and a copy of the final autopsy report must be submitted to FMC Carswell.

When burial is selected by the next of kin, the Contractor will embalm, dress, and provide the casket for the deceased. After the body preparation, the Contractor shall transport the body to the railway station, air terminal, or local cemetery as directed by the Contracting Officer. Cemeteries located within a 30-mile radius of the institution will be considered local cemeteries for local burial unless the Contracting Officer specifies otherwise.

In instances when the next of kin chooses cremation, the contractor will provide transportation to the crematory if different than the contract funeral home.

The Contractor shall secure or furnish all necessary papers and permits for shipment or interment. The Contractor shall provide FMC Carswell with two (2) certified copies of the death certificates.

The following specifications include the quality and character of material and service the Bureau requires. The Contractor agrees that the quality of all material and services furnished hereunder will not be inferior to these specifications unless otherwise specified and completely described in a letter accompanying the quote. All state and interstate shipment laws relating to the embalming, preparation, burial, and shipment of bodies must be fully observed and complied with, and in any case wherein the state law contains requirements more rigid than the requirements set forth herein, such laws will be controlling.

A. Preparation of Body. Complete embalming services will be performed including all standard practices to conform to the applicable state laws.

There are, in general, two different types of cases. Each body shall be embalmed according to its condition and in a manner to ensure thorough preservation of all tissues. All body orifices shall be treated and closed in accordance with state laws.

1. Normal Cases. This will be usually where death has been due to disease or other causes, and where there has been little or no mutilation or breakdown of body tissue. For such cases, preservation shall be accomplished by a thorough cavity treatment. Standard preservative solutions shall be used for the arterial injections and cavity saturation.

2. Autopsy Cases. This will be where a partial or complete autopsy has been made to an extent which will not permit a normal arterial embalming operation. Sectional embalming shall be used to thoroughly preserve the body, including organs, and the inside of the body cavity shall be treated with a hardening compound. The cranial cavity shall be filled with Plaster of Paris or other suitable material and the calvarium securely replaced. All inclusions shall be tightly sutured and treated to prevent leakage.

NOTE: The Warden of FMC Carswell may order an autopsy to be performed. In these cases the Contractor will be responsible for providing a facility suitable for having an autopsy performed. If the Warden requests an autopsy, FMC Carswell will be responsible for the associated costs. The line item will not apply if the autopsy is remanded by the State of Texas Medical Examiner.

Autopsies must be performed by a licensed pathologist. A pathologist must have a current medical degree with a board certification in forensic pathology and maintain necessary certifications and/or licenses to perform autopsies in the State of Texas.

3. A post-embalming inspection of each body shall be made by the embalmer to determine whether the preservation is uniform and complete, or whether treatment is required. If further treatment is required, it shall be given before final delivery of the body. The body must be in an acceptable state of preservation at the time of final delivery.

4. The Contractor shall restore the body to be as lifelike in appearance as possible in the individual case, including shaving face and neck, trimming hair of head, neck, and face, dressing hair properly, applying suitable cosmetics, performing derma surgery and other restorative work as may be necessary.

5. The Contractor will furnish and dress the body in all necessary clothing, including cotton undershorts and undershirts, regular length socks, manufactured burial suit of dark or conservative color. Clothing for females will include suitable undergarments, hose, and a manufactured burial dress of conservative style and color.

6. The body will be placed in the casket in such a manner as to create an appearance of rest and composure, and to assure maintenance of position during shipment or local burial.

NOTE: Photographs of the remains, just prior to shipment to its final destination, shall be provided to the Contracting Officer to ensure compliance with the terms of the contract.

B. Casket: A. standard casket, manufactured in accordance with industry standards of modern practice, shall be furnished as follows:

1. Metal, State perfection cut, 20 gauge steel shelf, light copper with no shading, lacquer finish, interior plain panel, ivory twill, no shirring, copper hardware;

OR

2. Wood, Cloth Covered, State perfection cut, exterior steel plush, interior Crushed panel ivory twill, solid shirred, silver hardware.

ALTERNATE

3. Sealed Casket Metal, 20 gauge steel shell, constructed in accordance with industry standards of commercial practice so as to form a hermetic seal which will prevent leakage or escape of odors when properly closed and sealed. This item to be furnished only when ordered, as in the case of death by a communicable disease, to meet pertinent state or interstate regulations, or in case of body decomposed or odoriferous body.

C. Outside Container: Each casket shall be furnished with one of the following types of outside containers, depending upon the type of service required.

1. In cases of shipment by air, either a commercial air shipping bag used by commercial airlines or an air shipment tray available for purchase and use by Funeral Directors shall be provided.

2. In case of shipment by rail and/or foreign shipments, the outside shipping container shall be constructed of one inch seasoned wood in accordance with best modern practices and equipped with bolted handles complying with laws governing the same.

3. In cases of local burial, rules and regulations of the cemetery in which interment is made shall govern the type of container to be furnished. Unless otherwise specified, the outside container furnished shall be constructed of one inch seasoned wood manufactured in accordance with the best modern practice. No handles will be required.

D. Shipping of Body. In the event of an inmate death, the same regulations apply as those for transportation for a release, i.e., the Bureau pays for transport to:

1. Residence of Record, or

2. Place of Trial

The Contractor is responsible for making all shipping arrangements for transportation (i.e., air travel, train, etc.). If location is such that transportation by ambulance or hearse is advantageous to the Government, the burial contract mileage rate will be the burial services contract. Accordingly, when the deceased inmate’s record of residence is outside the United States, transportation to the residence of record is appropriate. The Contractor is responsible for all related clearance for bodies that will be returned to foreign countries.

If the next of kin wants the body returned to a location other than the above-referenced locations, the next of kin is responsible for transportation from that point, or directly from the burial service contractor.

If the deceased inmate is an alien, the BOP will initiate contact with U.S. Citizenship and Immigration Services or the appropriate Consulate.

E. Cremation. Occasionally, the legal next of kin makes written request for cremation.

1. If requested by the Government, or due to extended time between death and receipt of all necessary legal documentation, normal arterial embalming will be performed in accordance with all standard practices. The Contractor shall conform to applicable federal, state, and local laws, and the requirement outlined above (A. Preparation Body).

2. The Contractor will be notified as soon as WRITTEN VERIFICATION has been received authorizing cremation.

3. Cremation must be carried out in a facility with by-laws and regulations approved by Texas Health and Safety Code and an air pollution control permit issued by the Texas Commission on Environmental Quality ( Title 30 Texas Administrative Code § 106.494), if cremation takes place in the State of Texas.

4. A standard container shall be provided that is sealed and capable of transportation through the U.S. mail or other common carrier.

5. Shipment of remains to the next of kin will be made by either the Contractor or the crematory, and will be sent first class, certified return receipt. Reimbursement will be paid by the Government at a rate of $80.00 per mailing, unless there is a postal rate increase.

F. Local Burial. For the provision of local burial services, a cemetery located within a 30 mile radius of the FMC will be considered local. The Contractor will notify the Contracting Officer of the cemetery to be utilized for local burials within 10 days after the effective date of contract award.

When local burial services are ordered, an FMC Chaplain will view the body prior to burial, as well as conduct and supervise a brief grave-side ceremony. The Contractor shall secure all necessary papers and permits for interment and work with the Contracting Officer and FMC Chaplain to schedule an acceptable time and date for local burial.

SCHEDULE

These services are a contractual agreement. The services will be provided on an as needed basis. The Contracting Officer will notify the Contractor when services will be required. The Contractor must be available for telephone calls 24 hours a day, 7 days a week, to include holidays. Services will not be required to take place on holidays.

PLACE OF PERFORMANCE

The place of performance will be provided by the Contractor.

METHOD OF PERFORMANCE

The service provided, being professional in nature, will be provided in the manner as considered appropriate in the local community. The services will be reviewed and verified by the designated COR.

MINIMUM QUALIFICATIONS

The Contractor must be properly licensed to perform these services in the State of Texas. The Contractor must agree that the quantity of all materials and services furnished will not be inferior to the specifications. All state and interstate shipment laws related to the embalming, preparation, burial, and shipment of the body must be fully observed and complied with, and in any case wherein state law contains requirements more rigid than the requirements set forth herein, such laws will be controlling.

SUPPLIES

All supplies will be provided by the Contractor.

INMATE MANAGEMENT

There may be an occasion where the contractor will be required to acquire the body from the institution. The Contractor awarded this contract will not be subject to frequent contact with inmates. As a contractor, you are not subject to Government supervision, except for security related matters. However, contractor performance will be closely monitored while in the institution.

INSTITUTION SECURITY

The Contractor agrees to adhere to all regulations prescribed by the institution for the safety, custody, and conduct of inmates. The Contractor will attend an orientation program prior to assuming institutional involvement. As mentioned, occasions may arise that will require the contractor to enter the institution.

RELEASE OF INFORMATION

After normal working hours and holiday, the Contracting Officer or Medical Duty Officer will provide the contractor with the inmate’s name, social security number, and location of the body. The institution staff will always be the first to notify the next of kin regarding the death of an inmate and will communicate the family’s wishes to the contractor. During normal working hours, the Contracting staff will be the only personnel authorized to notify the Contractor with the above information.

The Contractor shall not provide the news media with any information. The Contractor will be required to notify the Contracting Officer of any outside requests for information. The Contracting Officer will then submit the information to the Executive Assistant or designee.

RFQP05051700013 9

Section 3 - Contract Clauses

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

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

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

Clause Title

52.232-18 Availability Of Funds (Apr 1984)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 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 first day of the effective performance period through the last day of the effective performance period.

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

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

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one session, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

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 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.

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 the expiration of the current performance period.

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 cur- rent 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 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 Benefits 99310 $23.50 $4.27/hour

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.

52.21-603-70 Contracting Officer's Representative (COR) (June 2012) Stacy Boyd, SCS, FMC Carswell, is hereby designated as the Contracting Officer's Representative (COR) under this contract.

(b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provide hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contractor 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 contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

52.27-103-72 DOJ 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 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; or

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

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

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

(End of Clause)

52.24-403-70 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.

. Long-Term Contractor Personnel:

2.

In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 contractor employee whose background investigation (BI) process begins on or after October 27, 2005:

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

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

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

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

High Risk - Background Investigation (5 year scope)

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

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

d. The pre-appointment BI waiver requirements for all position sensitivity levels are a:

1) Favorable review of the security questionnaire form;

http://www.opm.gov/employ/html/citizens.htm

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.

3. 2. Short-Term Contractor Personnel:

4.

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 twelvemonth 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.

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)

2852.242-71 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 compliance. The contractor's performance will be evaluated in accordance with FAR 42.15. Contract monitoring reports will be prepared by the Contacting Officer's Representative (COR) 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)

DJAR-PGD-15-03 - Security of Department Information and Systems (APR 2015)

I. Applicability to Contractors and Subcontractors

This clause applies to all contractors and subcontractors, including cloud service providers (“CSPs”), and personnel of contractors, subcontractors, and CSPs (hereinafter collectively, “Contractor”) that may access, collect, store, process, maintain, use, share, retrieve, disseminate, transmit, or dispose of DOJ Information. It establishes and implements specific DOJ requirements applicable to this Contract. The requirements established herein are in addition to those required by the Federal Acquisition Regulation (“FAR”), including FAR 11.002(g) and 52.239-1, the Privacy Act of 1974, and any other applicable laws, mandates, Procurement Guidance Documents, and Executive Orders pertaining to the development and operation of Information Systems and the protection of Government Information. This clause does not alter or diminish any existing rights, obligation or liability under any other civil and/or criminal law, rule, regulation or mandate.

II. General Definitions

The following general definitions apply to this clause. Specific definitions also apply as set forth in other paragraphs.

A. Information means any communication or representation of knowledge such as facts, data, or opinions, in any form or medium, including textual, numerical, graphic, cartographic, narrative, or audiovisual. Information includes information in an electronic format that allows it be stored, retrieved or transmitted, also referred to as “data,” and “personally identifiable information” (“PII”), regardless of form.

B. Personally Identifiable Information (or PII) means any information about an individual maintained by an agency, including, but not limited to, information related to education, financial transactions, medical history, and criminal or employment history and information, which can be used to distinguish or trace an individual's identity, such as his or her name, social security number, date and place of birth, mother's maiden name, biometric records, etc., including any other personal information which is linked or linkable to an individual.

C. DOJ Information means any Information that is owned, produced, controlled, protected by, or otherwise within the custody or responsibility of the DOJ, including, without limitation, Information related to DOJ programs or personnel. It includes, without limitation, Information (1) provided by or generated for the DOJ, (2) managed or acquired by Contractor for the DOJ in connection with the performance of the contract, and/or (3) acquired in order to perform the contract.

D. Information System means any resources, or set of resources organized for accessing, collecting, storing, processing, maintaining, using, sharing, retrieving, disseminating, transmitting, or disposing of (hereinafter collectively, “processing, storing, or transmitting”) Information.

E. Covered Information System means any information system used for, involved with, or allowing, the processing, storing, or transmitting of DOJ Information.

III. Confidentiality and Non-disclosure of DOJ Information

A. Preliminary and final deliverables and all associated working papers and material generated by Contractor containing DOJ Information are the property of the U.S. Government and must be submitted to the Contracting Officer (“CO”) or the CO’s Representative (“COR”) at the conclusion of the contract. The U.S. Government has unlimited data rights to all such deliverables and associated working papers and materials in accordance with FAR 52.227-14.

B. All documents produced in the performance of this contract containing DOJ Information are the property of the U.S.

Government and Contractor shall neither reproduce nor release to any third-party at any time, including during or at expiration or termination of the contract without the prior written permission of the CO.

C. Any DOJ information made available to Contractor under this contract shall be used only for the purpose of performance of this contract and shall not be divulged or made known in any manner to any persons except as may be necessary in the performance of this contract. In performance of this contract, Contractor assumes responsibility for the protection of the confidentiality of any and all DOJ Information processed, stored, or transmitted by the Contractor. When requested by the CO (typically no more than annually), Contractor shall provide a report to the CO identifying, to the best of Contractor’s knowledge and belief, the type, amount, and level of sensitivity of the DOJ Information processed, stored, or transmitted under the Contract, including an estimate of the number of individuals for whom PII has been processed, stored or transmitted under the Contract and whether such information includes social security numbers (in whole or in part).

IV. Compliance with Information Technology Security Policies, Procedures and Requirements

A. For all Covered Information Systems, Contractor shall comply with all security requirements, including but not limited to the regulations and guidance found in the Federal Information Security Management Act of 2014 (“FISMA”), Privacy Act of 1974, E- Government Act of 2002, National Institute of Standards and Technology (“NIST”) Special Publications (“SP”), including NIST SP 800-37, 800-53, and 800-60 Volumes I and II, Federal Information Processing Standards (“FIPS”) Publications 140-2, 199, and 200, OMB Memoranda, Federal Risk and Authorization Management Program (“FedRAMP”), DOJ IT Security Standards, including DOJ Order 2640.2, as amended. These requirements include but are not limited to:

1. Limiting access to DOJ Information and Covered Information Systems to authorized users and to transactions and functions that authorized users are permitted to exercise;

2. Providing security awareness training including, but not limited to, recognizing and reporting potential indicators of insider threats to users and managers of DOJ Information and Covered Information Systems;

3. Creating, protecting, and retaining Covered Information System audit records, reports, and supporting documentation to enable reviewing, monitoring, analysis, investigation, reconstruction, and reporting of unlawful, unauthorized, or…