Solicitation.pdf

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

Field Acquisition Office Grand Prairie, Texas 75051

December 22, 2016

Re: RFQP06121600024, Vocational Computer Applications/Business Technology Program Federal Correctional Institution – Sheridan, Oregon

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 Vocational Computer Applications/Business Technology Program for the Federal Correctional Institution, located in Sheridan, Oregon. This package contains all the necessary information for submitting a quote for evaluation.

All potential quoters are advised that this solicitation includes the clause FAR 52.212-4 for Commercial Items, which at paragraph (t) System for Award Management (SAM), requires all contractors doing business with the Federal Government must be registered in the SAM database. Quoters should include their Data Universal Number System (DUNS) number in their offers. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardee’s DUNS number into the SAM database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award.

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. 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.

Inspection of the site will be available to all interested quoters. Prior approval is necessary for such a visit and will be coordinated through the institution Education Department.

All quotations must be received on or before the deadline of January 20, 2017 at 2:00 P.M. Central Standard Time. Quotations shall be submitted to the following email address:

mxxxwalker@bop.gov

Emailed quotes will be accepted in .pdf format only and will be deemed received at the time received as indicated on the email notification. Emails rejected by filters are not the responsibility of the government.

Please do not submit quotes to any location other than the one listed above. Quotes received after the quote deadline will be handled in accordance with FAR 52.212-1(f). No faxed quotes will be accepted.

Should you have any questions, please make these inquires in writing. Questions may be submitted via facsimile at (972) 352-4545, or e-mailed to mxxxwalker@bop.gov.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER OMB Clearance Control Number

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

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

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

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 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

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

1103-0018

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

RFQP05121600024

Mark Walker 972-352-4517

BFAO

Federal Bureau of Prisons Federal Correctional Institution 27072 Ballston Road Sheridan, OR 97378

BSHE

Federal Bureau of Prisons Federal Correctional Institution 27072 Ballston Road Sheridan, OR 97378

Federal Bureau of Prisons Federal Correctional Institution ATTN: Financial Management 27072 Ballston Road Sheridan, OR 97378

To provide Vocational Computer Applications/Business Technology Program for the inmates at FCI Sheridan, Oregon in accordance with the Statement of Work.

See Continuation Sheet(s)

611519

$15,000,000.00

12/22/2016

01/20/2017

14:00:00 CST

BSHE

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

BSHE

Page 1 of 37RFQP06121600024

STANDARD FORM 1449 (REV. 2/2012) BACK

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:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

RFQP06121600024 Page 3 of 37

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2.1 Pricing Methodology

2.2 Statement of Work

3 Contract Clauses 52.216-18 Ordering (Oct 1995) 52.216-19 Ordering Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) 52.252-6 Authorized Deviations in Clauses (Apr 1984) DJAR-PGD-14-05 Contractor Notice Regarding DOJ Policy Statement 1200.02, Federal 10 Workplace Responses to Domestic Violence, Sexual Assault, and Stalking (Dec 2014) DJAR-PGD-15-02 Corporate Representation Regarding Felony Conviction Under Any Federal

Law or Unpaid Delinquent Tax Liability – Award (DEVIATION 2015-02) (March 2015) DJAR-PGD-15-02 Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse – Award (DEVIATION 2015-02) (March 2015) DJAR-PGD-15-03 Security of Department Information and Systems (Apr 2015) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) 52.24-403-70 Notice of Contractor Personnel Security Requirements (Oct 2005) 52.27-103-72 DOJ Contractor Residency Requirement Bureau of Prisons (June 2004) BOP 52.242-71 Evaluation of Contractor Performance Utilizing CPARS (Apr 2011) 52.239-101 DOJ Residency Requirement – Information Technology (Nov 2008) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items (Nov 2016) 4 List of Attachments

4.1 Special Contract Conditions

5 Solicitation Provisions 52.233-2 Service of Protest (Sept 2006) 52.252-5 Authorized Deviations in Provisions (Apr 1984) DJAR-PGD-15-02 Corporate Representation Regarding Felony Conviction Under Any Federal

Law or Unpaid Delinquent Tax Liability – Solicitation (DEVIATION 2015-02) (March 2015) . . . 25 DJAR-PGD-15-02 Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse – Solicitation (DEVIATION 2015-02) (March 2015) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)

5.1 Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items (Oct 2015) 52.27-103-71 Faith-Based and Community-Based Organizations (Aug 2005) 52.212-3 Offeror Representations and Certifications – Commercial Items (Oct 2016)

RFQP06121600024 Page 4 of 37

Section 2 – Commodity or Service Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

To provide Vocational Computer Applications/Business Technology Program for FCI Sheridan, Oregon. Base Year - Effective Date of Award (EDOA) through 12 months from EDOA.

To provide Vocational Computer Applications/Business Technology Program for FCI Sheridan, Oregon. Option Year #1 – 13 months from EDOA through 24 months from EDOA.

To provide Vocational Computer Applications/Business Technology Program for FCI Sheridan, Oregon. Option Year #2 - 25 months from EDOA through 36 months from EDOA.

To provide Vocational Computer Applications/Business Technology Program for FCI Sheridan, Oregon. Option Year #3 - 37 months from EDOA through 48 months from EDOA

To provide Vocational Computer Applications/Business Technology Program for FCI Sheridan, Oregon. Option Year #4 - 49 months from EDOA through 60 months from EDOA

To provide Vocational Computer Applications/Business Technology Program for FCI Sheridan, Oregon. Option to Extend Services (FAR 52.217-8) – 61 months from EDOA through 66 months from

EDOA.

CH

2.1 Pricing Methodology

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

PRICING METHODOLOGY

The Contractor shall provide non-personal services, upon request by the institution as detailed in the Statement of Work. The Government reserves the right to award without discussion. Therefore, each initial offer should contain the offeror's best terms from a cost or price standpoint.

Services are required to be provided in accordance with the Statement of Work (SOW).

The contract rate for these services shall be on a per college credit hour basis. The contract rate shall include all charges for providing these services. The contract pricing shall include all charges to the Government for performing the services required by this solicitation/contract (e.g., bonding, overhead, profit, supervision, lodging, transportation).

The quantity of services to be provided by the Contractor is estimated above. These estimates are not a representation to an offeror or contractor that the estimated quantities will be required or ordered, or that conditions effecting requirements will remain stable or normal (FAR 16.503(a)(1)). The offerors are required to submit a completed copy of the Schedule of Supplies/Services, located in the table above, inclusive of the base year and all option years.

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

RFQP06121600024 Page 5 of 37

2.2 Statement of Work

SUBJECT

The Federal Bureau of Prisons has a requirement for Advanced Occupational Education Programs for qualified inmates at the Federal Correctional Institution, Sheridan, Oregon. Advanced Occupational Education services will be in the area of Computer Applications/Business Technology (excluding computer programming languages/techniques). The contractor shall provide services in accordance with the requirements of this solicitation to the Federal Bureau of Prisons at FCI Sheridan to approximately 16 to 20 students per semester/term at the FCI and FPC, for a total of 32-40 students per term. Services and price shall include tuition; course registration fee and all other instructional costs and services, etc., normally incurred by advanced occupational/vocational training students, which are applicable to the inmate population. Successful completion of the training program must qualify inmates for at least entry-level employment in a specified field upon release.

PLACE OF CONTRACT PERFORMANCE

Academic classes will be held at FCI and FPC Sheridan, in the Education Department classrooms located at 27072 Ballston Road, Sheridan, Oregon, 97378.

SCHEDULE

Class schedules will be subject to negotiation each term between the college liaison and the Contracting Officer’s Representative (COR). Requests for vocational classroom space should not interfere with the normal operations of the institution or with other mandated educational programs conducted by the Bureau of Prisons contract or civil service staff. Also, the availability of BOP staff to monitor security in the area and to escort contract personnel must be assessed. Under normal circumstances classroom space will be available within the FCI and FPC Education Department from 7:30 a.m. to 10:30 a.m. and 12:00 p.m. to 3:00 p.m., Monday through Friday. Days and times will be negotiated with the COR each term/semester.

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, 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 contract or will not be paid for the remaining unperformed sessions. However, if the institution requests that the contractor remain in the institution for eventual performance, the contractor shall be paid for such sessions.

DESCRIPTION OF WORK

The Contractor shall provide computer-related applications/business technology advanced occupational/vocational training courses leading to a program completion certificate to qualified inmates at FCI and FPC Sheridan. The Contractor shall provide, on a nondiscriminatory basis, advanced occupational/ vocational training courses(s) consistent with the requirements of this solicitation, the rules and procedures for the Federal Correctional Institution, and Federal Prison Camp, Sheridan, Oregon, and all applicable federal and state laws and regulations in effect during the term of this contract. The service will include, but not be limited to, curriculum development and guidance, registration, instruction, transcript/services, record keeping and appropriate counseling. The contract for providing computer related advanced occupational/vocational training courses(s) will be considered a contractual arrangement and not a personal appointment to a federal job. Payment will be through the method identified in this solicitation. The provider will not be subject to government supervision; the program activities will be monitored only to ensure that the end results are obtained and to ensure safety of staff, the Contractor's instructor, and inmates and ensure institutional security. Students will be required to complete mandatory literacy requirements prior to enrolling in any advanced occupational vocational training course/program. The student must show proof of a high school diploma or its equivalent.

The Bureau of Prisons, FCI and FPC Sheridan and its employees shall be held harmless to students, competing providers, the U.S.

Department of Education or other agencies regarding grades, accreditation, transferability and number of credits granted; the actions of college employees; and accounting for the use of state education funds, Perkins Grants, or any other source used to fund the program; arid the use of or return of funds collected from students directly (if applicable).

THE CONTRACTOR WILL PROVIDE THE FOLLOWING:

1.) Advanced occupational/vocational training courses for qualified inmates at FCI and FPC Sheridan.

2.) Accreditation and all credit hours should be transferrable to other educational institutions.

RFQP06121600024 Page 6 of 37

3.) Courses(s) selected from the Contractor's accredited curriculums to meet the certificate requirements agreed upon by the Contractor and the Government.

4.) Academic counseling, if needed.

5.) Appropriate advisory assistance required to deliver the contract.

6.) An outside instructor to instruct advanced occupational/vocational education courses/modules.

7.) Photocopies, instructional materials required by college staff and students except audio-visual equipment and software as defined hereafter.

8) Keep the COR informed concerning student registration/enrollment records, drop records, pass/fail status of students in order to monitor end program results and to ensure institution security.

9.) Computer instruction must be tailored to institutional security needs. Instruction in programming languages and macros is prohibited by Bureau of Prisons policy. The programs authorized for use in the class are Microsoft Word, Excel, and Power Point.

Other software may become available at a later date.

10.) Instruction will be provided to approximately 16 to 20 inmates at the FCI and 16 to 20 inmates at the FPC.

PROGRAM MANAGEMENT

The contractor will be required to keep attendance records and submit attendance, completion, and withdrawal data to the Supervisor of Education. The contractor shall attend an institution training session. The exact day and time is to be agreed upon by the contractor and the Supervisor of Education. The contractor will make recommendations to the Supervisor of Education pertaining to the purchase of supplies and equipment. The institution will provide supplies, equipment and the curriculum materials for the program.

QUALIFICATIONS AND ACADEMIC REQUIREMENTS

The contractor shall not be a self-employed individual or individual employed by a post-secondary institution. The contract must be between FCI Sandstone a post-secondary institution, vocational training school or industry based school.

The occupational education program must fall under the provider’s umbrella of accreditation and lead to transferrable credits resulting in a college certificate, A.A., A.A.S. or A.S. degree. Industry-accepted certification is also acceptable. Providers must be accredited by a recognized accrediting agency. If required for employment, certification tests from outside organizations may be administered to individual inmates upon completion of a specific occupational education program. However, the individual skill competency certification will not replace the training program’s overall accreditation.

The occupational education program must lead to a college certificate, A.A., A. S., A.A.S. or industry-recognized certificate qualifying inmates for at least an entry-level position of employment. Credits earned from the college certificate, A.A., A.S., or A.A.S.

must be transferrable to a four-year college.

Students should acquire skills in the following:

*Word Processing (Microsoft Word) *Publishing (Microsoft Publisher) *Spreadsheet Management (Excel) *Presentations (MicrosofPowerPoint) *Quickbooks

INMATE MANAGEMENT

The Contractor must agree to adhere to all regulations prescribed by FCI Sheridan for the safety, custody, and conduct of inmates.

The custody of federal inmates remains a primary responsibility of the designated facility. The provision of services under this contract will require frequent and unsupervised contact with inmates. The contractor will not be responsible for the management of inmates except to ensure that those inmates involved in activities within the contractor’s scope of work shall abide by all rules, in effect, to ensure the safety and well-being of all participants. The contractor will report any infractions of rules and regulations by any inmate to the Education Supervisor or COR.

INSTITUTION SECURITY

The contractor, as well as all employees of the contractor, agrees to adhere to all regulations prescribed by the institutions in regards to

RFQP06121600024 Page 7 of 37 the safety, custody, and conduct of inmates. The Bureau of Prisons requires all non-employees to sign in and out of the institution for security reasons. Contract staff will sign the log, indicating the date of visit to the institution, time of arrival, and time of departure.

The Contractor or its’ employees may, at any time, be removed from the institution at the discretion of the CEO. Additionally, contract staff will each be required to wear an ID badge, provided by the Government, at all times within the confines of the institution. The Contractor will maintain and furnish time and attendance reports as required by the Supervisor of Education. At the time of arrival and before entry into the institution, contractors may be required to submit their possessions for passage through an x-ray screening machine and may be required to clear a walk through metal detector.

The contractor, as well as all employees of the contractor, must undergo a security clearance process prior to being permitted to enter the institution. It is the responsibility of the contractor to make sure that those employees submit the required information and complete the necessary actions in a timely manner so as to complete their investigations as expeditiously as possible. Additionally, it is the responsibility of the contractor to provide employees to fulfill this contract who are reasonably certain to be able to successfully complete the security scrutiny. This may involve a more intensive screening process on the part of the contractor.

Contractor employees will be provided with a security and BOP procedures orientation session prior to performing any services under this contact. The date and time for this orientation will be coordinated by the COR. Refresher training in security and BOP procedures may be required annually. Compensation to the contractor for time spent in this, and any other required security related training, will be at the contract rate, prorated hourly.

RESTRICTIONS ON CONTRACT WORKERS

The Contract employees shall not supervise inmates, supervise Bureau of Prisons staff, participate in inmate accountability, requisition, sign for or pickup supplies, formulate policy or procedures, or attend meetings, staff recalls or staff functions.

METHOD OF PERFORMANCE

The Contractor has sole responsibility and discretion for choosing and implementing the manner and method of performing tasks outlined in this Statement of Work as long as the requirements are met in accordance with the policies described above.

The services, although not directly supervised, shall be reviewed by institution staff to ensure contract compliance. The Contractors performance will be evaluated in accordance with FAR Part 42. Contract monitoring reports will be prepared by the COR and maintained in the contract file. The Government reserves the right to suspend, limit or revoke the Contractor’s privileges at the facility due to violations of security procedures.

When an observation indicates defective performance, the Contracting Officer may issue a Discrepancy Report to the Contractor. The Contractor shall address any Discrepancy Report in writing to the Contracting Officer within ten calendar days of notification, indicating any corrective action taken to rectify the deficiency.

POINT OF CONTACT

The Contractor shall provide a Point of Contact (POC) who shall be responsible for the delivery of services under this contract. The POC shall have the full authority to act on behalf of the Contractor in all matters relating to the daily operation of the contracted services. The Contractor shall designate this individual in writing to the Contracting Officer prior to the start date of the contract. An alternate POC may be designated, however, the Contractor must identify those times when the alternate shall be the primary POC.

RFQP06121600024 Page 8 of 37

Section 3 – Contract Clauses

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 52.203-17 Contractor Whistleblower Rights and Requirements to Inform Employees of Whistleblower Rights (Apr 2014)

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

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

52.224-1 Privacy Act Notification (Apr 1984)

52.224-2 Privacy Act (Apr 1984)

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

52.232-18 Availability of Funds (Apr 1984)

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

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

52.253-1 Computer Generated Forms (Jan 1991)

Clauses by Full Text

52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the first day of the effective performance period through the last day of the effective performance period.

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

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

(End of Clause)

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

RFQP06121600024 Page 9 of 37

(1) Any order for a single item in excess of the estimated quantities identified in the Schedule of Items within the current performance period;

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

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-21 Requirements (Oct 1995)

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

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

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

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

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the last day of the effective performance period.

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor prior to expiration of the current contract period.

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

(a) The Government may extend the term of this contract by written notice to the Contractor prior to expiration of the current performance period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

RFQP06121600024 Page 10 of 37

(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.

52.232-19 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.

52.252-6 Authorized Deviations in Clauses (Apr 1984)

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

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

(End of clause)

DJAR-PGD-14-05 Contractor Notice Regarding DOJ Policy Statement 1200.02, Federal Workplace Responses to Domestic Violence, Sexual Assault, and Stalking (Dec 2014)

(a) Department Policy on Domestic Violence, Sexual Assault, and Stalking. It is the Department’s policy to enhance workplace awareness of and safety for victims of domestic violence, sexual assault, and stalking. This policy is summarized in DOJ Policy Statement 1200.02 (Policy Statement), available in full for public viewing at http://www.justice.gov/sites/default/files/ovw/legancy/2013/12/19/federal-workplace-responses -to-domesticviolence-sexualassault-stalking.pdf. Vendor agrees, upon contract award, to provide notice of this Policy Statement, including at a minimum the above-listed URL, to all of Vendor’s employees and employees of subcontractors who will be assigned to work on Department premises.

(b) Point of Contact for Victims of Domestic Violence, Sexual Assault, and Stalking. The Procurement Executive at 320 First Street, N.W. Room 5005, Washington, D.C. 20534 shall serve as the Bureau of Prisons’ Point of Contact for Victims of domestic violence, sexual assault, and stalking for the services provider under this contract. Contractor agrees to inform its employees and employees of subcontractors who will be assigned to work on Department premises of the name and contact information for the Victim Point of Contract.

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

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

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

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

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(b) By accepting this award or order, in writing or by performance, the offeror/contractor represents that –

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

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

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

By accepting this award or order, the contractor certifies that it does not require employees or contractors of the contractor seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statement prohibiting or otherwise restricting such employees or contractors from lawfully reporting waste, fraud, and abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End 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

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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 inappropriate activity related to such Covered Information Systems and/or DOJ Information;

4. Maintaining authorizations to operate any Covered Information System;

5. Performing continuous monitoring on all Covered Information Systems;

6. Establishing and maintaining baseline configurations and inventories of Covered Information Systems, including hardware, software, firmware, and documentation, throughout the Information System Development Lifecycle, and establishing and enforcing security configuration settings for IT products employed in Information Systems;

7. Ensuring appropriate contingency planning has been performed, including DOJ Information and Covered Information System backups;

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

9. Establishing an operational incident handling capability for Covered Information Systems that includes adequate preparation, detection, analysis, containment, recovery, and user response activities, and tracking, documenting, and reporting incidents to appropriate officials and authorities within Contractor’s organization and the DOJ;

10. Performing periodic and timely maintenance on Covered Information Systems, and providing effective controls on tools, techniques, mechanisms, and personnel used to conduct such maintenance;

11. Protecting Covered Information System media containing DOJ Information, including paper, digital and electronic media; limiting access to DOJ Information to authorized users; and sanitizing or destroying Covered Information System media containing DOJ Information before disposal, release or reuse of such media;

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

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

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14. Assessing the risk to DOJ Information in Covered Information Systems periodically, including scanning for vulnerabilities and remediating such vulnerabilities in accordance with DOJ policy and ensuring the timely removal of assets no longer supported by the Contractor;

15. Assessing the security controls of Covered Information Systems periodically to determine if the controls are effective in their application, developing and implementing plans of action designed to correct deficiencies and eliminate or reduce vulnerabilities in such Information Systems, and monitoring security controls on an ongoing basis to ensure the continued effectiveness of the controls;

16. Monitoring, controlling, and protecting information transmitted or received by Covered Information Systems at the external boundaries and key internal boundaries of such Information Systems, and employing architectural designs, software development techniques, and systems engineering principles that promote effective security; and

17. Identifying, reporting, and correcting Covered Information System security flaws in a timely manner, providing protection from malicious code at appropriate locations, monitoring security alerts and advisories and taking appropriate action in response.

B. Contractor shall not process, store, or transmit DOJ Information using a Covered Information System without first obtaining an Authority to Operate (“ATO”) for each Covered Information System. The ATO shall be signed by the Authorizing Official for the DOJ component responsible for maintaining the security, confidentiality, integrity, and availability of the DOJ Information under this contract. The DOJ standards and requirements for obtaining an ATO may be found at DOJ Order 2640.2, as amended. (For Cloud Computing Systems, see Section V, below.)

C. Contractor shall ensure that no Non-U.S. citizen accesses or assists in the development, operation, management, or maintenance of any DOJ Information System, unless a waiver has been granted by the by the DOJ Component Head (or his or her designee) responsible for the DOJ Information System, the DOJ Chief Information Officer, and the DOJ Security Officer.

D. When requested by the DOJ CO or COR, or other DOJ official as described below, in connection with DOJ’s efforts to ensure compliance with security requirements and to maintain and safeguard against threats and hazards to the security, confidentiality, integrity, and availability of DOJ Information, Contractor shall provide DOJ, including the Office of Inspector General (“OIG”) and Federal law enforcement components, (1) access to any and all information and records, including electronic information, regarding a Covered Information System, and (2) physical access to Contractor’s facilities, installations, systems, operations, documents, records, and databases. Such access may include independent validation testing of controls, system penetration testing, and FISMA data reviews by DOJ or agents acting on behalf of DOJ, and such access shall be provided within 72 hours of the request. Additionally, Contractor shall cooperate with DOJ’s efforts to ensure, maintain, and safeguard the security, confidentiality, integrity, and availability of DOJ Information.

E. The use of Contractor-owned laptops or other portable digital or electronic media to process or store DOJ Information covered by this clause is prohibited until Contractor provides a letter to the DOJ CO, and obtains the CO’s approval, certifying compliance with the following requirements:

1. Media must be encrypted using a NIST FIPS 140-2 approved product;

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

3. Where applicable, media must utilize antivirus software and a host-based firewall mechanism;

4. Contractor must log all computer-readable data extracts from databases holding DOJ Information and…