RFQP06191100009.pdf

September 16, 2011

RE: RFQP06191100009, ASE Automotive Classes Federal Correctional Institution, Herlong, California

Dear Quoter:

Accompanying this cover letter is a solicitation package prepared by the Federal Bureau of Prisons for the acquisition of ASE automotive classes for inmates at the Federal Correctional Institution, Herlong, California. This package contains all necessary information for submitting a quote.

All potential quoters are advised that this solicitation includes the clause at FAR 52.212‐4 Contract Terms and Conditions

– Commercial Items. This clause requires all contractors doing business with the Federal Government after September 30, 2003, to be registered in the CCR database at http://www.ccr.gov. In conjunction with required registration in the CCR database, prospective contractors shall also complete electronic annual representations and certifications at http://orca.bpn.gov. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award.

Quoters must include their Data Universal Numbering System (DUNS) number in Block 17a of the Standard Form 1449, in accordance with FAR 52‐212.1(j). The Contracting Officer will verify registration in the CCR database prior to award by entering the potential awardee’s DUNS number into the CCR database.

Offers are due no later than September 29, 2011, 12:00 p.m. Pacific Standard Time. Email offers ARE authorized and preferred. The email address is Her/Quotes@bop.gov. The postal mailing address is: Federal Correctional Institution, Attn: Shanetta Thomas, Contract Specialist, PO Box 900, Herlong, CA 96113‐0900. Hand delivery or express mail to 741‐ 925 Herlong Access Road A‐25, Herlong, CA 96113. NO FAX BIDS WILL BE ACCEPTED. Please note: in an effort to reduce unnecessary paper consumption, you are requested to send only those pages necessary to complete your offer.

Please do not send pages in which no bids have been placed, etc. If you are registered in ORCA and complete the annual representations, you need only complete paragraph (b) of FAR Provision 52.212‐3.

Quotes must be received no later than the time specified as the deadline for receipt of quotes. Quotes received after the quote deadline will be handled in accordance with FAR 52.212‐1(f). The anticipated date of award is October 1, 2011.

Prospective offerors are also cautioned against discussing the preparation of their quote (or any technical questions) with Government technical personnel. The circumstances of such contact, when verified, may result in non‐ consideration of the quote. Accordingly, all communications prior to award shall be directed to the Contracting Officer via email to Her/Quotes@bop.gov, in writing at the above address, or via fax at (530)827‐8036. All questions received will be considered and responses provided, where possible.

Sincerely, //s// Shanetta Thomas Contract Specialist Attachment

UNITED STATES GOVERNMENT

memorandum

FEDERAL BUREAU OF PRISONS

Federal Correctional Institution Herlong, California 96113

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER OMB Clearance Control Number:

1103-0018

5. SOLICITATION NUMBER

RFQP06191100009

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

09/16/2011

7. FOR SOLICITATION

INFORMATION CALL:

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

TIME

09/29/2011 12:00:00

CODE HER

Federal Bureau of Prisons FCI Herlong

PO BOX 900

Herlong, CA 96113

9. ISSUED BY

X UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL BUSINESS

SERVICE-DISABLED VETERAN

OWNED SMALL BUSINESS

8(A)

NAICS: 611210

SIZE STANDARD: D05

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

HERCODE15. DELIVER TO

Federal Bureau of Prisons FCI Herlong 741-925 Herlong Access Rd A25 Herlong, CA 96113

CODE HER16. ADMINISTERED BY

Federal Bureau of Prisons FCI Herlong

PO BOX 900

Herlong, CA 96113

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

HERCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCI Herlong

PO BOX 900

Herlong, CA 96113

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

SEE ADDENDUM

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

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE SCHEDULE OF ITEMS ON PAGE 4.

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

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

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

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

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

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

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

TERMS AND CONDITIONS SPECIFIED

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

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

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

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

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (Type or print)

Shanetta Thomas

31c. DATE SIGNED

09/16/2011

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 10/2010)

Prescribed by GSA - FAR (48 CFR) 53.212

RFQP06191100009 Page 1 of 14

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

GOVERNMENT REPRESENTATIVE

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

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

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

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NO. 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. 10/2010) BACK

RFQP06191100009 Page 2 of 14

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

B.1 FUNDS AVAILIBLITY

3 Contract Clauses

52.21-603-70 Contract Monitor (CM) (AUG 2008) 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

52.27-103-72 DOJ RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)

2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) DJAR-PGD-08-04 Security of Systems and Data, Including Personally Identifiable Information 52.232-18 Availability Of Funds (Apr 1984)

4 List of Attachments 5 Solicitation Provisions

RFQP06191100009 Page 3 of 14

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 FIRST ASE CLASS. SEE STATEMENT OF WORK FOR DETAILS. 1.000000 EA $____________ $___________________

0002 SECOND ASE CLASS. SEE STATEMENT OF WORK FOR

DETAILS.

1.000000 EA $____________ $___________________

0003 THIRD ASE CLASS. SEE STATEMENT OF WORK FOR DETAILS. 1.000000 EA $____________ $___________________

0004 FOURTH ASE CLASS. SEE STATEMENT OF WORK FOR

DETAILS.

1.000000 EA $____________ $___________________

ATTACHMENT 1 STATEMENT OF WORK

WORK STATEMENT

EDUCATION DEPARTMENT

ASE CERTIFIED MECHANIC PROGRAM

A. SUBJECT:

The contractor will provide instruction in Automotive Service Excellence certified motor vehicle repair at Fed-eral Correctional Institution (FCI) Herlong, Herlong, CA.

B. SCHEDULE:

Contractor is to provide services during the day in the Vocational Trades Building or UNICOR areas at FCI Herlong between the hours of 7:30 A.M. - 10:30 A.M., and/or 11:30 A.M. - 2:30 P.M. or other hours as agreed to by the Supervisor of Education, for a minimum of four (4) sessions per week (a session is defined as 1 three-hour period of instruction). Specific dates for the classes will be determined by the Supervisor of Education and the contractor. Class size will be a maximum of 25 inmate students per course or as determined by the Super-visor of Education. Students will be selected by the Supervisor of Education. Academic schedules proposed in accordance with the above will apply except in the event of institutional emergencies. In the event of an emer-gency, classes may be made up (delayed) or canceled as necessary.

C. FEES & SUPPLIES:

Registration fees, tuition, lab fees, administrative fees, and any incidental fees, will be included in the contract price. Incidental fees may include transportation costs to deliver and pick up equipment for hands on (laboratory) work/assignments. Additionally, workbooks, textbooks, classroom materials will be included in the contact price. The Education Department at FCI Herlong will loan the ASE program 2 HMMWVS (6.2 liter diesel) vehicles. Basic tools and will be required for the “live work” or lab work. The Education Department at FCI Herlong will provide some tools but the contractor will be expected to provide tools or equipment as well

RFQP06191100009 Page 4 of 14 when deemed necessary. Other tools or equipment needed to successfully teach the classes listed below should include:

Chassis Electrical:

Digital multi-meters and test lights

Automatic Transmission Overhaul Class:

An automatic transmission and basic tools

Steering and Suspension:

Vehicle provided by the Education Department at FCI Herlong

Automotive Brakes:

Brake lath, drums, rotators, micrometer, brake shoes, calipers and basic tools

Heating and Air Conditioning Class:

Charging station, gauges, and mock-up AC system

Electrical/Electronic System Repair Class:

Gauges, meters, and DVOM

Automotive Machine Class:

Cylinder head surfacer, hone for block, boring bar for block, and valve grinder

Basic Automotive Class:

Vehicle on loan from the Education Department: 2HMMWVS (6.2 liter diesel) and basic tools

D. SCOPE OF SERVICE:

The contractor will conduct and provide instruction for inmates in four (4) of the following seven (7) courses during the contract year:

Mandatory ASE Courses:

* Automotive Machine: This course is designed to provide the student with common automotive machine shop experiences to include the existing equipment along with current factory work in the UNICOR factory.

This course will count as college credit hours.

*Chassis Electrical: This course will count as college credit hours.

* Automotive Heating and Air Conditioning Systems: This course will count as college credit hours.

*Steering and Suspension: Credit for this course will count as college credit hours.

RFQP06191100009 Page 5 of 14

* Automotive Brakes. Credit for this course will count as college credit hours.

*Basic Automotive: Credit for this course will count as college credit hours.

*Automotive Automatic Transmission Overhaul: Credit for this course will count as college credit hours.

Classes to be completed during the contract period Date of Award through 12 months:

FY 12:

Base Yr. Upon the awarding of the contract, four (4) classes from the list of seven (7) classes will be selected.

At the conclusion of each class, the contractor will provide a Certificate to all inmates and a grade to those who successfully complete the course requirements. Also, the contractor will provide attendance sheets for each class.

E. SPECIAL QUALIFICATIONS REQUIRED:

The contractor must be an accredited community or junior college. Contractor and staff assigned to provide in-structional services as part of this contract must be appropriately licensed/certified and have at least one year teaching experience in a classroom setting.

In the event a session(s) is/are canceled, additional sessions will be scheduled to fulfill the requirements of the class.

F. INMATE MANAGEMENT:

Provisions of this contract require frequent and unsupervised contact with inmates. The contractor will not be responsible for the management of inmates outside of the scope of service. The contractor shall report any in-fractions by an inmate to the Supervisor of Education or Contract Monitor.

The contractor will take attendance daily on an institutional roll sheet and immediately report inmate absences.

The roll sheet will be turned into the Supervisor of Education or Contract Monitor at the conclusion of each course.

G. METHOD OF INSTRUCTION:

The method of instruction is to include hands-on workgroups and individual learning experience, and close monitoring as needed. Instruction will be performed on a daily basis (minimum of two days per week). The manner of performance of these tasks will be the responsibility of the contractor and the discretion of the Super-visor of Education.

H. INSTITUTION SECURITY:

RFQP06191100009 Page 6 of 14

The Contractor and/or employees of the contractor entering the institution shall meet certain security require-ments to receive an institutional pass. Primary concerns are the amount of contact that may occur between the Contractor and his/her employees with the inmate population during the performance of the contract.The pro-gram manager at the FCI is responsible for conducting the appropriate vouchering, law enforcement checks, and ensuring that fingerprinting is completed on all Contractor staff that may need access inside the confines of the secure perimeter. The personnel department will establish a security file that will be maintained on each of the contractors employees from the beginning of the contract through its duration. The following investigative pro-cedures are incorporated and will be performed:1). National Crime Information Center (NCIC) check;

2). DOJ-99 (Name Check);

3). FD-258 (fingerprint check);

4). Law Enforcement Agency checks;

5). Vouchering of Employers;

6). Resume/Personal Qualifications;

7). OPM-329-A (Authority for Release of Information);

8). National Agency Check and Inquiries (NACI) check (if applicable); and

9). Urinalysis Test (for the detection of marijuana and other drug usage).

The contractor agrees to adhere to all regulations prescribed by the institution for the safety, custody, and con-duct of inmates. The contractor is required to attend a four-hour mandatory orientation program. The Volun-teer Coordinator or education staff shall be responsible for conducting the Orientation Program, establishing procedures and guidelines, and assuring standardization of curriculum. The Supervisor of Education shall con-duct a tour of the Education Department and UNICOR for the contractor as soon as feasible. The Orientation Program shall emphasize security and staff responsibility.

I. OTHER MISCELLANEOUS INFORMATION:

Non-Personal Service Status: Award of this contract will result in a contractual arrangement only and shall not be construed as a personnel appointment with the Bureau of Prisons. The services shall not constitute an employer/employee relationship. Payments to the contractor shall be based on the provision of an end product or the accomplishment of a specific task. Results to be obtained are within the contractor’s own unsupervised determination. The contractor will not be subject to Government supervision but its efforts will be monitored for quality assurance.

The contractor shall make available college courses consistent with requirements of this solicitation and abide by the rules and procedures as set forth by Federal Correctional Institution, Herlong, CA. The Bureau of Pris-ons has the sole discretion to determine the contractor's compliance with the contract.

J. PLACE OF PERFORMANCE:

The contractor’s place of performance will be in the Vocational Building/UNICOR Factory at FCI Herlong, 741-925 Herlong Access Road A-25, Herlong, CA 96113. Services will normally be performed in the Voca-tional Trades classroom and shop area, but may be performed at other locations within the institution such as the UNICOR Factory.

K. ANTICIPATED PERIOD OF PERFORMANCE:

RFQP06191100009 Page 7 of 14

Base Year: Date of Award through 12 months

Contract award will be made pending the availability of funds. Should funds not be immediately available, con-tract award will be postponed until such time as funds become available.

B.1 FUNDS AVAILIBLITY

FISCAL YEAR 2012 (FY 12) FUNDING AUTHORIZATION IS SUBJECT TO AVAILABILITY OF FUNDS AND IS ISSUED IN ANTICIPATION OF ENACTMENT OF FY 12 COMMERCE, JUSTICE, STATE APPROPRIATION ACT OF FY 12 CONTINU- ING RESOLUTION AUTHORITY, AND IS SUBJECT TO ALL PROVISIOS OF WHICHEVER BECOMES APPLICABLE. OB- LIGATIONS AGAINST THIS AUTHORITY MAY NOT BE INCURRED PRIOR TO OCTOBER 1, 2011. STATUS OF FY 12 AP- PROPRIATIONS IS AVAILABLE AT http://thomas.loc.gov/home/approp/app11.html.

RFQP06191100009 Page 8 of 14

Section 3 - Contract Clauses

Clauses by Full Text

52.21-603-70 Contract Monitor (CM) (AUG 2008)

(a)Parrish Williams ,Teacher , FCI Herlong,530-827-8000, is hereby designated as the Contract Monitor (CM) under this contract.

(b) The CM is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provide here-under in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contractor effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all in-voices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The CM does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contrac-tual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

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

Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I.1. Long-Term Contractor Personnel:

In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 con-tractor employee whose background investigation (BI) process begins on or after October 27, 2005:a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form I-9, OMB No.

1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued pic-ture ID);

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

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

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

• High Risk - Background Investigation (5 year scope)

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

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

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

1) Favorable review of the security questionnaire form; 2) Favorable fingerprint results; 3) Favorable credit report, if required;3 4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level;

and 5) Favorable review of the National Agency Check (NAC) 4 portion of the applicable BI that is determined by position sensitivity/ risk level.

A badge may be issued following approval of the above waiver requirements.If the NAC is not received within five days of OPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau of Invest-igation Criminal History Check (i.e., fingerprint check results). e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges issued under these procedures will be suspended or revoked.2. Short- Term Contractor Personnel:

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

a. Favorable review of the security questionnaire form; b. Favorable fingerprint results; c. Favorable credit report, if required;5 and d.

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

A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of is-

RFQP06191100009 Page 9 of 14 suance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PIV-I identity proofing process.

For example, if a contractor employee requires daily access for a three or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a second request is submitted for the same contractor employee within a twelve-month period for the purpose of extending the initial contract or for employment under a totally different contract for another three or four-week period, this contractor would now be considered "long-term" and must be cleared according to the long-term requirements as stated in this interim policy.

3. Intermittent Contractors:

An exception to the above-mentioned short-term requirements would be intermittent contractors.

a. For purposes of this policy, "intermittent" is defined as those contractor employees needing access to DOJ information systems and/ or DOJ facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For ex-ample, the water delivery contractor that delivers water one time each week and is working on a one-year contract.

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

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

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

e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year. 4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated BI meeting HSPD-12 and DOJ's BI requirements.

5. The DOJ's current escorted contractor policy remains unchanged by this acquisition notice.

Notes:

1. FIPS 201 is available at: www.csrc.nist.gov/publications/fips/fips201/FIPS-201-022505.pdf

2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-I identity proofing process, including initiation and adjudication of the required background investiga-tion, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-II) requires badge issuance to all affected long-term contractors.

3. For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package.

4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations to OPM. Per OPM ' s instructions, to obtain an Advance NAC Report, a Code " 3" must be placed in block " B " of the " Agency Use Only " section of the investigative form. This report is available for all case types.

5.For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package.

[End of Clause]

52.27-103-72 DOJ RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)

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

1. Legally resided in the United States (U.S.);2. worked for the U.S. overseas in a Federal or military capacity; or3. been a dependent of a Federal or military employee serving overseas.

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

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

[End of Clause]

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.

RFQP06191100009 Page 10 of 14

(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)

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-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

RFQP06191100009 Page 11 of 14 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 is under the control of the contractor. In any case in which the data that was lost or improperly acquired reflects or con-sists of data that originated with the Department, or reflects sensitive law enforcement or national security interest in the data, the con-tractor shall notify the Department contracting officer so that the Department may determine whether notification would impede a law enforcement investigation or jeopardize national security. In such cases, the contractor shall not notify the individuals until it receives further instruction from the Department.

(End of Clause)

52.232-18 Availability Of Funds (Apr 1984)

Funds are not presently available for this contract. The Government's obligation under this contract 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 until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

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Section 4 - List of Attachments

Exhibits and Attachments

This Section Is Intentionally Left Blank

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Section 5 - Solicitation Provisions

This Section Is Intentionally Left Blank

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