RFQP06101700003_-_RABBI_FBO_Copy.pdf

RFQP06101700003 Page 1 of

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER

NUMBER

5. SOLICITATION NUMBER

RFQP06101700003

6. SOLICITATION ISSUE

DATE

01/24/2017

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

TIME

9. ISSUED BY

Federal Bureau of Prisons

CODE BSDC 10. THE ACQUISITION IS

SMALL BUSINESS

X UNRESTRICTED OR SET ASIDE: % FOR

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

MCC San Diego

808 UNION STREET

SAN DIEGO, CA 92101

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 813110

SIZE STANDARD: 500

Employees

11. DELIVERY FOR FOB

DESTINATION UNLESS BLOCK IS

MARKED

SEE

SCHEDULE

15. DELIVER TO

Federal Bureau of Prisons MCC San Diego

808 UNION STREET

SAN DIEGO, CA 92101

12. DISCOUNT TERMS

NET 30

CODE BSDC

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

16. ADMINISTERED BY

Federal Bureau of Prisons MCC San Diego

808 UNION STREET

SAN DIEGO, CA 92101

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

CODE BSDC

17a. CONTRACTOR/

OFFEROR

CODE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons MCC San Diego

808 UNION STREET

SAN DIEGO, CA 92101

CODE

BSDC

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

OFFER

19. 20.

CHECKED

21.

SEE ADDENDUM

22.

23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PROVIDE JEWISH SPIRITUAL LEADER SERVICES

FOR THE METROPOLITAN CORRECTIONAL

CENTER IN SAN DIEGO, CA. SEE THE ATTACHED

STATEMENT OF WORK.

** 48 SESSIONS PER YEAR. A SESSION IS DEFINED

AS ONE (1) HOUR. 2 SESSIONS ONCE EVERY TWO

WEEKS, 4 SESSIONS PER MONTH**

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) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

Jeffrey Spear 01/24/2017

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

X

2/10/2017 17:00 PST

RFQP06101700003 Page 2 of

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

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

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL FINAL

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

RFQP06101700003 Page 3 of

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule 3 Contract Clauses

2852.201-70 Contracting Officer's Technical Representative (COTR) (JAN 1985) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) DJAR-PGD-02-02A Non-U.S. Citizens Prohibited from Access to DOJ Information Technology (IT) Systems DJAR-PGD-02-02B Non-U.S. Citizens Prohibited from Access to DOJ Information Technology (IT) Systems DJAR-PGD-05-08 Implementation of Homeland Security Presidential Directive (HSPD) 12 - Policy for a Common Identification Standard for Federal Employees and Contractor DJAR-PGD-06-09 Reprogramming of Funds Notices to Congress for A-76 Competitions DJAR-PGD-07-10 Ensuring New Acquisitions Include Common Security Configurations DJAR-PGD-07-12 Maintaining Contractor Performance During a Pandemic or Other Emergency DJAR-PGD-08-04 Security of Systems and Data, Including Personally Identifiable Information DJAR-PGD-08-05 Contractor Certification of Compliance with Federal Tax Requirements 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.222-50 Alt I Combating Trafficking in Persons (Mar 2015) - Alternate I (Mar 2015) 52.232-29 Terms for Financing of Purchases of Commercial Items (Feb 2002) 52.232-32 Performance-Based Payments (Apr 2012) 52.252-4 Alterations in Contract (Apr 1984) 52.252-6 Authorized Deviations in Clauses (Apr 1984)

4 List of Attachments 5 Solicitation Provisions

52.204-8 Annual Representations and Certifications (Dec 2016) 52.204-17 Ownership or Control of Offeror (Jul 2016) 52.230-7 Proposal Disclosure Cost Accounting Practice Changes (Apr 2005) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 (Aug 1998) 52.211-3 Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards, and Commercial Item Descriptions (June 1988) 52.211-4 Availability for Examination of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions (June 1988) 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Mar 2015) 52.252-3 Alterations in Solicitation (Apr 1984) 52.252-5 Authorized Deviations in Provisions (Apr 1984) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)

RFQP06101700003 Page 4 of

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 JEWISH SPIRITUAL LEADER 48.000000 SS $ $

BASE YEAR : EFFECTIVE DATE OF AWARD THROUGH

SEPTEMBER 30, 2017.

* A SESSION IS DEFINED AS ONE (1) HOUR*

0002 JEWISH SPIRITUAL LEADER 48.000000 SS $ $

OPTION YEAR 1 : OCTOBER 1, 2017 THROUGH SEPTEMBER

30, 2018.

* A SESSION IS DEFINED AS ONE (1) HOUR*

0003 JEWISH SPIRITUAL LEADER 48.000000 SS $ $

OPTION YEAR 2 : OCTOBER 1, 2018 THROUGH SEPTEMBER

30, 2019.

* A SESSION IS DEFINED AS ONE (1) HOUR*

0004 JEWISH SPIRITUAL LEADER 48.000000 SS $ $

OPTION YEAR 3 : OCTOBER 1, 2019 THROUGH SEPTEMBER

30, 2020.

* A SESSION IS DEFINED AS ONE (1) HOUR*

0005 JEWISH SPIRITUAL LEADER 48.000000 SS $ $

OPTION YEAR 4 : OCTOBER 1, 2020 THROUGH SEPTEMBER

30, 2021

* A SESSION IS DEFINED AS ONE (1) HOUR*

RFQP06101700003 Page 5 of

Section 3 - Contract Clauses

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

Clause Title

52.246-11 Higher-Level Contract Quality Requirement (Dec 2014)

52.204-2 Security Requirements (Aug 1996)

52.204-12 Unique Entity Identifier Maintenance (Oct 2016)

52.204-13 System for Award Management Maintenance (Oct 2016)

52.208-9 Contractor Use of Mandatory Sources of Supply or Services (May 2014)

52.222-1 Notice to the Government of Labor Disputes (Feb 1997)

52.222-21 Prohibition of Segregated Facilities (Apr 2015)

52.222-26 Equal Opportunity (Sept 2016)

52.222-50 Combating Trafficking in Persons (Mar 2015)

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving (Aug 2011)

52.225-13 Restrictions on Certain Foreign Purchases (June 2008)

52.228-4 Workers' Compensation and War-Hazard Insurance Overseas (Apr 1984)

52.232-17 Interest (May 2014)

52.232-25 Prompt Payment (Jul 2013)

52.232-30 Installment Payments for Commercial Items (Oct 1995)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.233-1 Disputes (May 2014)

52.233-1 Alt I Disputes (May 2014) - Alternate I (Dec 1991)

52.233-3 Protest after Award (Aug 1996)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.242-13 Bankruptcy (July 1995)

52.244-6 Subcontracts for Commercial Items (Nov 2016) http://www.acquisition.gov/

RFQP06101700003 Page 6 of

Clause Title

52.246-23 Limitation of Liability (Feb 1997)

52.247-68 Report of Shipment (RESHIP) (Feb 2006)

52.250-5 SAFETY Act - Equitable Adjustment (Feb 2009)

52.253-1 Computer Generated Forms (Jan 1991)

STATEMENT OF WORK

I. SUBJECT:

The Metropolitan Correctional Center at San Diego CA, intends to award one firm-fixed price contract for the provision of a Jewish Rabbi for the Jewish community with the ability to work with federal offenders who are in the care and custody of the U.S. Attorney General. The work is to be performed in the Religious Services Area of the Metropolitan Correctional Center (MCC) in San Diego, CA. Sessions will ordinarily occur inside the Chapel. The Metropolitan Correctional Center is located at 808 Union Street, San Diego CA, 92101.

The award of this Contract shall be based on the best price received which offers the best value to the Government.

Payment shall be based on the accomplishment of an end result. Results will be determined by the Contract Monitor and the evaluation process. The service is a contractual arrangement and not a personnel appointment. The Contractor will not be subject to Government supervision and shall not have the appearance of an employer-employee relationship; however, the Government reserves the right to monitor the Contractor’s performance to insure he/she is in compliance with the Statement of Work (SOW). Each quote should contain the quoter’s best terms from a cost and price standpoint. The contract period will be from date of award through September 30, 2017, with four option years.

II. SCHEDULE:

A session is defined as one (1) hour in length. The contractor will normally provide 2 (1) hour sessions per day, 1 day every two weeks, Travel to, between, and from institutions is not included in a session. Sessions will ordinarily be scheduled to occur within a two-hour block at the institutional location deemed best by the Contract Monitor, following discussion with the Contractor. Weekend sessions require special consideration due to staffing availability, policy requirements that staff provide constant supervision of inmates, as well as, intermittent supervision of volunteers and contractors, and scheduled institutional moves. Scheduled sessions are subject to change as the needs of the Institution requires.

The Contractor will ordinarily not exceed four (4) sessions per month. It is anticipated that 48 sessions will be needed during the twelve-month period of the contract The Government may, however, schedule additional monthly sessions in consultation with the Contractor, according to need. The Contractor will not exceed 30 hours of work per week. The Government may also not have a need for sessions during a particular month depending on the religious makeup of the inmate population. The number of sessions is estimated only and can be increased or decreased with the mutual consent of the Contractor and the Government. Sessions will take place throughout the year from approximately October 1st through September 30th, for a total of 48 sessions during the fiscal year.

Due to the nature of the correctional setting, delays in performance of work may be experienced. Such delays may include but are not limited to inclement weather, flooding, electrical or mechanical problems, or other security matters. When contract employees report to the institution but are unable to perform services due to such delays, the contractor will be paid for one session. Normally, any remaining sessions for that day will be suspended and the contractor will be free to leave and the contractor will not be paid for the remaining unperformed sessions. However, if the institution requests that the contractor remain at the institution for eventual performance, the contractor shall be paid for such sessions. In the event of any absence, the contractor may make up his/her time so long as it does not exceed 30 hours in any given week. If the contractor fails to provide coverage, the Government may seek contractual remedy.

III. SUPPLIES:

All supplies that the contractor may routinely need will be supplied by Metropolitan Correctional Center, San Diego CA. If approved by the Contract Monitor, the Contractor, at no additional expense to the Government, may provide supplies or equipment to facilitate in the required services. These must be approved by the Contract Monitor prior to introduction to the institution.

RFQP06101700003 Page 7 of

IV. DESCRIPTION OF DUTIES

The Contractor shall:

A. The Jewish Rabbi will provide services and religious instruction for the Jewish inmate population at the Metropolitan Correctional Center, San Diego CA.

B . Provide instruction for the various Jewish holy days and other beliefs and practices, to include:

1) Shabbat: Day of Rest

2) Rosh Hashanah: The New Year, Shofar-blowing

3) Yom Kippur: Day of Atonement

4) Shavuot

5) Hannukah

6) Pesach: the Exodus of the Jewish People

7) Pesach: Rules of a Seder

8) Sukkot

9) Lag Ba’Omer

10) Tu Beshvat

11) Purim

12) Tisha B’Av: Eicha

13) Torah Reading: Trope

14) Mitzvot and Aveirot (Good and Bad Deeds)

15) Tallit and Tefillin (more generally, ritual garb)

16) Symbolism in Judaism

17) Kabbalah: Jewish Mysticism

18) The Amidah: The Silent Prayer

19) Prayer in Judaism: Shacharit, Mincha and Maariv

20) The Sh’ma (Hear O Israel)

21) Kashrut

22) The Main Denominations of Judaism: focusing on the Reform Movement

23) Conservative Movement and Orthodox Movement

24) Hassidic Tales and their Morals

25) Tikkun Olam (Social Action/ ‘repairing’ the world)

26) Tzedakah (Charity)

27) Cultural Judaism: Sephardic and Ashkenazi Jews

28) Intermarriage

29) Afterlife and EschatologyFree Will

30) Bioethics—Cloning, Organ Donation, Abortion

31) Gender Relations/Feminism

32) Themes of Jewish Prayer

33) Bikkur Holim: Visiting the Sick

34) The Ten Commandments

35) The Jewish Family

36) The Many Books of Judaism

37) Halakha (Jewish Law)

38) Gematria (Numbers)

39) Akeidat Yitzhak (Sacrifice of Isaac)

40) Adam and Eve: the Creation Story

41) Pirkei Avot: Teachings of our Fathers

42) Judaism’s response to tragic events

43) Israel: the Jewish State

44) Varying Cultural Tradition (i.e. Mimouna, the traditional Moroccan/Kurdish that celebrates the end of Pesach)

45) The Traditional Minyan

46) Male/Female Relationships

47) Niggunim (Songs without words)

48) Rikudei Am (“Israeli” Dancing)

49) The Many Blessings of Judaism (including Tefilat Haderekh—blessing said when traveling, Shehekhiyanu—blessing said when something is done for the first time)

50) Bar Mitzvah: the Jewish Concept of Adulthood

51) Abraham’s Covenant with God: Circumcision

52) Havdallah: Separating the Sabbath from the Rest of the Week

53) Jewish Calendar

54) Mikveh: the Ritual Bath

55) What is the role of faith and Community Re-entry?

RFQP06101700003 Page 8 of

C. Agree to comply with limitations placed on the teaching of controversial subjects that potentially may lead to the radicalization of inmates. These limitations include but are not limited to political commentary, controversial lessons on violence, potentially disrupting messages, and any disparaging commentary toward the United States Government. An outline of lessons to be used during sessions will be submitted to the Contract Monitor at the minimum of one week before the next session. If there are any concerns with the subject matter, the Contract Monitor, or Supervisory Chaplain, will contact the contractor to discussion the proposed material. The contractor must comply with the final decision or will not be allowed to provide the service.

V. EDUCATION REQUIREMENTS OR SPECIFIC EXPERIENCE OR GENERAL

EXPERIENCE

The Contractor shall submit documentation demonstrating:

A. Possess, at a minimum, a Certificate of Rabbinical Ordination from an accredited Jewish Seminary.

B. Possess recognized experience in the Jewish community as a functioning Jewish Rabbi.

VI. CREDENTIAL REQUIREMENTS

The Contractor shall submit documentation demonstrating:

A. Rabbinical Ordination from a recognized Jewish authority whereby he may teach and answer questions regarding the collective body of Jewish laws.

B. That the Jewish Rabbi is in good standing with their faith community

The purpose of the documents in Paragraphs V and VI above will serve as criteria whereby Contracting Staff can determine applicant qualifications to perform Jewish services. Failure to provide these documents could result in your offer being considered ineligible for award of this contract.

VII. CONTRACT SECURITY

The proposed Contractor shall be required to undergo a urinalysis (for detection of drug and marijuana usage) prior to the award of the contract and a complete background investigation shall be conducted in accordance with the BOP Program Statement 3000.03, "Personnel Manual". If the test is positive, the proposed contractor shall be disqualified from being awarded the contract. The prospective contractors shall agree to the following prior to contract award.

1) NCIC (National Crime Information Center) Check

2) DOJ-99 (Name Check)

3) FD-258 (Fingerprint Check)

4) Law Enforcement Check

5) Vouchering of employers over past 5 years

6) SF 171 (Personal Qualifications Statement)

7) OPM-329-A (Authority to Release Information)

8) Submission of a Resume, including copies of any licenses or degrees.

VIII. INSTITUTION SECURITY & INMATE MANAGEMENT

The Contractor shall attend a four-hour orientation program prior to assuming duties within the Institution. The Contractor shall be reimbursed based on their pro-rated hourly rate for attending this training course.

The Contractor agrees to adhere to all regulations prescribed by the institution for safety, custody, and conduct of inmates.

Provision of services under this contract will require frequent and unsupervised contact with inmates. The Contractor will not supervise inmates nor be responsible for the management of inmates, yet will be expected to perform the following:

A. Ensure that inmates involved in activities within the contractor's scope of work are abiding by all rules in effect to ensure their safety and well-being;

RFQP06101700003 Page 9 of

B. Provide reports to ensure accurate accountability of inmates assigned to attend the services provided.

The Contractor shall inform the Contract Monitor and / or local Chaplain of any inmate found in violation of institutional rules.

The Contractor shall, while within the Institution, wear professional clothing or clothing representative of his religious order.

The Contractor shall also conduct themselves in a manner consistent with their own field of expertise

IX. INSURANCE REQUIREMENT

FAR 52.228-5 Insurance of Work on a Government Installation

A. The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

B. Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

C. The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

X. PERFORMANCE STANDARDS AND PROCESS

Any contract award resulting from the issuance of this request for quote shall be considered as a contractual arrangement and will not be considered a personal appointment. All duties outlined in this Statement of Work shall be performed in accordance with standards and methods generally accepted within the Contractor's own field of expertise. Payment shall be based on the accomplishment of specific results, and the results to be obtained shall be entirely within the Contractor's own unsupervised determination. The Contractor will not be subject to Government supervision, but the Government reserves the right to inspect and evaluate all services provided during the performance under this contract. The Government may conduct surveillance of any service at any time during the performance of this contract. All surveillance observations will documented by the BOP Contract Monitor. When an observation indicates defective performance, the Contracting Officer (CO), with the technical support of the Contract Monitor will issue a Monitoring Report to the Contractor. The Contractor shall address any negative comments and propose corrective action to the Contracting Officer within ten (10) calendar days after receiving the report.

XI. Name of Contract Monitor

Elmer D. Torrens, Supervisory Chaplain MCC San Diego, CA

XII. PLACE OF PERFORMANCE:

The services to be provided under this contract shall be accomplished at:

Metropolitan Correctional Center 808 Union St San Diego, CA, 92101

XIII. PERIODS OF PERFORMANCE:

This contract shall cover a base year from Date of Award through September 30, 2017.

Option Year 1: October 1, 2017 through September 30, 2018 Option Year 2: October 1, 2018through September 30, 2019 Option Year 3: October 1, 2019 through September 30, 2020 Option Year 4: October 1, 2020 through September 30, 2021

RFQP06101700003 Page of

29XIV. PAYMENT TERMS

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

In order to ensure proper preparation of their bi-weekly payment voucher, all hours worked must be documented by the contractor, showing the hours worked during each visit. Documentation will be provided on a “log of consultants Visit” form with each entry being signed by the Contractor.

The contractor shall provide a monthly billing statement to the Metropolitan Correctional Center Accounting Department which accurately reflects days worked number of sessions and the total amount due for the previous month’s service.

Payment terms as specified in FAR 52.212-4(g), the due date for making an invoice payment by the designated payment office shall be the 30th day after the designated billing office has received a proper invoice, or the government accepts the services performed by the contractor. The contractor can however offer discount payment terms for prompt payments as specified in block 12 on the SF-1449 form of this solicitation. Half sessions will not be authorized for payment.

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

Clauses By Full Text

2852.201-70 Contracting Officer's Technical Representative (COTR) (JAN 1985)

(a) Mr./Ms. [Name] of [Organization] [Room No.], [Building], [Address], [Area Code and Telephone No.], is hereby designated to act as Contracting Officer's Technical Representative (COTR) under this contract.

(b) The COTR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the con-tract 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 COTR 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.

(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)

10 34

RFQP06101700003 Page 11 of 34

DJAR-PGD-02-02A Non-U.S. Citizens Prohibited from Access to DOJ Information Technology (IT) Systems

The Department of Justice does not permit the use of Non-U.S. citizens in the performance of this contract or commitment for any po-sition that involves access to or development of any DOJ IT system. By signing the contract or commitment document, the contractor agrees to this restriction. [In those instances where other non-IT requirements contained in the contract or commitment can be met by using Non-U.S. citizens, those requirements shall be clearly described.].

RFQP06101700003 Page 12 of 34

(End of Clause)

DJAR-PGD-02-02B Non-U.S. Citizens Prohibited from Access to DOJ Information Technology (IT) Systems

The Department of Justice (DOJ) will no longer permit the use of Non-U.S. citizens in the performance of this contract or commit-ment for any position that involves access to or development of any DOJ IT system. By signing the contract or commitment docu-ment, the contractor agrees to this restriction with respect to all new employees utilized directly to perform duties on the contract.

Non-U.S. citizens currently employees under this contract or commitment may continue performance unless otherwise directed by the Department of Justice. No new, replacement, or additional Non-U.S. citizens may be added to the contract without the express approv-al of the Department of Justice. [In those instances where other non-IT requirements contained in the contract or commitment can be met by using Non-U.S. citizens, those requirements shall be clearly described.].

(End of Clause)

DJAR-PGD-05-08 Implementation of Homeland Security Presidential Directive (HSPD) 12 - Policy for a Common Identification Standard for Federal Employees and Contractor

NOTICE OF CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201)' 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-term2 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 1-9, OMB No. 1615-0047, " Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture ID);

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

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

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

•High Risk - Background Investigation (5 year scope) •Moderate Risk - Limited Background Investigation (LBI) or Minimum Background Investigation (MBI) •Low Risk - National Agency Check with Inquiries (NACI) investigation

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

1) Favorable review of the security questionnaire form;

2) Favorable fingerprint results;

3) Favorable credit report, if required;3

4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level; and 5) Favorable review of the National Agency Check (NAC)4 portion of the applicable BI that is determined by position sensitivity/risk level.

A badge may be issued following approval of the above waiver requirements.

If the NAC is not received within five days of OPM' s scheduling date, the badge can be issued based on a favorable review of the Se-curity Questionnaire and the Federal Bureau of Investigation Criminal History Check (i.e., fingerprint check results).

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

2. Short-Term Contractor Personnel:

It is the policy of the DOJ that short-term contractors having access to DOJ information systems and/or DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items la. and lb. 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 commen-surate BI does not need to be initiated.

A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of is-suance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PFV-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-201-22505.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)

DJAR-PGD-06-09 Reprogramming of Funds Notices to Congress for A-76 Competitions

Congressional Notification

Under the provisions of section 605(a) of the Department of Justice's appropriations act, an award in this procurement triggers a re-quirement that the Department notify congressional appropriations committees of actions resulting from the award which may include reorganization or contracting out of functions or activities presently performed by Federal employees.

An award in this procurement, and its implementation, are contingent upon satisfactory completion of the process required under sec-tion 605(a). After award, the Department will notify the source provider when this process has been satisfactorily completed and that implementation may begin. In the event that either congressional committee expresses reservations, the Department may cancel the procurement and award, without charge or penalty. Because the contract/performance start date could be delayed or actually cancelled due to the reprogramming notice to Congress, it is understandable not to include the expected start date in A-76 solicitations.

However, the lack of a contract/performance start date makes it difficult for potential source providers to propose realistic pricing in their proposals.

As a best practice, it is recommended that future solicitations for streamlined or standard competitions include a notice similar to the following sentences.

For pricing purposes only, offerors shall assume a contract/performance start date of [Start Date], which is the date it is assumed that the transition/phase-in period begins. The actual contract/performance start date may be different. (See the "Congressional Notifica-tion" term of the solicitation).

(End of Clause)

DJAR-PGD-07-10 Ensuring New Acquisitions Include Common Security Configurations

The following language is to be used in all appropriate solicitations and contracts.

13 34 http://www.csrc.nist.gov/publications/fips/fips201

(a) The provider of information technology shall certify applications are fully functional and operate correctly as intended on systems using the Federal Desktop Core Configuration (FDCC). This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista). For the Windows XP settings, see: http://csrc.nist.gov/itsec/guidance_WinXP.html and for the Windows Vista settings, see: http://csrc.nist.gov/itsec/guidance_vista.html

(b) The standard installation, operation, maintenance, update, and/or patching of software shall not alter the configuration settings from the approved FDCC configuration. The information technology should also use the Windows Installer Service for installation to the default "program files" directory and should be able to silently install and uninstall.

(End of Clause)

DJAR-PGD-07-12 Maintaining Contractor Performance During a Pandemic or Other Emergency

Continuing Contract Performance During a Pandemic Influenza or other National Emergency

During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absentee-ism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.

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

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

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

Encourage employees to get inoculations or follow other preventive measures as advised by the public health service.

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

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

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

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

• Integrate pandemic health crisis response expectations into telework agreements.

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

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

Practice telework regularly to ensure effectiveness.

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

• Identify how time and attendance will be maintained.

It is the contractor's responsibility to advise the government contracting officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the contracting officer or in his/her absence, an-other responsible person in the contracting office via telephone or email messages acknowledging the contractors notification.

The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations.

(End of Clause)

DJAR-PGD-08-04 Security of Systems and Data, Including Personally Identifiable Information

Security of Systems and Data, Including Personally Identifiable Data.

a. Systems Security The work to be performed under this contract requires the handling of data that originated within the Department, data that the con-tractor manages or acquires for the Department, and/or data that is acquired in order to perform the contract and concerns Department programs or personnel.

For all systems handling such data, the contractor shall comply with all security requirements applicable to Department of Justice sys-tems, including but not limited to all Executive Branch system security requirements (e.g., requirements imposed by OMB and NIST), DOJ IT Security Standards, and DOJ Order 2640.2E. The contractor shall provide DOJ access to and information regarding the con-tractor's systems when requested by the Department in connection with its efforts to ensure compliance with all such security require-

14 34 http://csrc.nist.gov/itsec/guidance_WinXP.html http://csrc.nist.gov/itsec/guidance_WinXP.html http://csrc.nist.gov/itsec/guidance_vista.html

RFQP06101700003 Page 15 of 34 ments, and shall otherwise cooperate with the Department in such efforts. DOJ access shall include independent validation testing of controls, system penetration testing by DOJ, FISMA data reviews, and access by the DOJ Office of the Inspector General for its re-views.

The use of contractor-owned laptops or other media storage devices to process or store data covered by this clause is prohibited until the contractor provides a letter to the contracting officer (CO) certifying the following requirements:

1. Laptops must employ encryption using a NIST Federal Information Processing Standard (FIPS) 140-2 approved product;

2. The contractor must develop and implement a process to ensure that security and other applications software is kept up-to-date;

3. Mobile computing devices will utilize anti-viral software and a host-based firewall mechanism;

4. The contractor shall log all computer-readable data extracts from databases holding sensitive information and verify each extract in-cluding sensitive data has been erased within 90 days or its use is still required. All DOJ information is sensitive information unless designated as non-sensitive by the Department;

5. Contractor-owned removable media, such as removable hard drives, flash drives, CDs, and floppy disks, containing DOJ data, shall not be removed from DOJ facilities unless encrypted using a NIST FEPS 140-2 approved product;

6. When no longer needed, all removable media and laptop hard drives shall be processed (sanitized, degaussed, or destroyed) in ac-cordance with security requirements applicable to DOJ;

7. Contracting firms shall keep an accurate inventory of devices used on DOJ contracts;

8. Rules of behavior must be signed by users. These rules shall address at a minimum: authorized and official use; prohibition against unauthorized users; and protection of sensitive data and personally identifiable information;

9. All DOJ data will be removed from contractor-owned laptops upon termination of contractor work. This removal must be accom-plished in accordance with DOJ IT Security Standard requirements. Certification of data removal will be performed by the contractor's project manager and a letter confirming certification will be delivered to the CO within 15 days of termination of contractor work;

b. Data Security

By acceptance of, or performance on, this contract, the contractor agrees that with respect to the data identified in paragraph a, in the event of any actual or suspected breach of such data (i.e., loss of control, compromise, unauthorized disclosure, access for an unau-thorized purpose, or other unauthorized access, whether physical or electronic), the contractor will immediately (and in no event later than within one hour of discovery) report the breach to the DOJ CO and the contracting officer's technical representative (COTR).

If the data breach occurs outside of regular business hours and/or neither the CO nor the COTR can be reached, the contractor shall call the DOJ Computer Emergency Readiness Team (DOJCERT) at 1-866-US4-CERT (1-866-874-2378) within one hour of discovery of the breach. The contractor shall also notify the CO as soon as possible during regular business hours.

c. Personally Identifiable Information Notification Requirement

The contractor further certifies that it has a security policy in place that contains procedures to promptly notify any individual whose personally identifiable information (as defined by OMB) was, or is reasonably believed to have been, breached. Any notification shall be coordinated with the Department, and shall not proceed until the Department has made a determination that notification would not impede a law enforcement investigation or jeopardize national security. The method and content of any notification by the contractor shall be coordinated with, and be subject to the approval of, the Department. The contractor assumes full responsibility for taking cor-rective action consistent with the Department's Data Breach Notification Procedures, which may include offering credit monitoring when appropriate.

d. Pass-through of Security Requirements to Subcontractors The requirements set forth in Paragraphs a through c above, apply to all subcontractors who perform work in connection with this con-tract. For each subcontractor, the contractor must certify that it has required the subcontractor to adhere to all such requirements. Any breach by a subcontractor of any of the provisions set forth in this clause will be attributed to the contractor.

B. Information Resellers or Data Brokers

For contracts where the Department obtains PII from a contractor (such as an information reseller or data broker) but the contractor does not handle the data described in Section A of this guidance document, the following clause must be used:

Information Resellers or Data Brokers

Under this contract, the Department obtains personally identifiable information about individuals from the contractor. The contractor hereby certifies that it has a security policy in place which contains procedures to promptly notify any individual whose personally identifiable information (as defined by OMB) was, or is reasonably believed to have been, lost or acquired by an unauthorized person while the data…