Solicitation.pdf

U.S. Department of Justice Federal Bureau of Prisons

Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

RE: Request for Quote 15B61621Q00000002 AOE Occupational Education Programs Federal Correctional Complex (FCC) – Victorville, CA

Dear Quoter:

Attached is a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the provision of AOE Occupational Education Programs to include Solid Waste Management & Recycling and Photovoltaic Solar Panel Installation at FCC Victorville, CA. This package contains all necessary information to submit a quote.

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

All potential quoters are advised that this solicitation includes the clause at FAR 52.212-4 for Commercial Items. Paragraph (t), System for Award Management (SAM), of this clause requires that all quoters doing business with the Federal Government to be registered in the SAM database. Quoters should include their Data Universal Number System (DUNS) number in their quotes. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardees DUNS number into the SAM database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award. For the purposes of this solicitations, all quoters SAM registration should include NAICS code 611210.

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.

Quotes shall be received on or before the deadline of September 2, 2021, at 5:00pm. Central Time.

Quotes shall be submitted electronically via email to bkeim@bop.gov in pdf format only and will be deemed received at the time as indicated on the email notification. Faxed and hand delivered quotes will not be accepted. Quotes received after the quote deadline will be handled in accordance with FAR 212- 1(f). Please submit any questions you may have in writing. Questions may be submitted via email to bkeim@bop.gov.

Sincerely, //s//

Ben Keim, Contracting Officer http://www.aptac-us.org/ mailto:bkeim@bop.gov

15B61621Q00000002 Page 1 of 60

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15B61621Q00000002

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

08/18/2021

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Ben Keim bkeim@bop.gov

b. TELEPHONE NUMBER (No collect calls)

972-352-4566

8. OFFER DUE DATE / LOCAL

TIME

09/02/2021 17:00 CT

CODE 15BFA0

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

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 611210

SIZE STANDARD:

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

15B616CODE15. DELIVER TO

Federal Bureau of Prisons FCC Victorville

13777 AIR EXPRESSWAY BOULEVARD

Victorville, CA 92394

CODE 15B61616. ADMINISTERED BY

Federal Bureau of Prisons FCC Victorville

13777 AIR EXPRESSWAY BOULEVARD

Victorville, CA 92394

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

15B616CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCC Victorville

13777 AIR EXPRESSWAY BOULEVARD

Victorville, CA 92394

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

Provision of Occupational Education Program Services to include Solid Waste Management & Recycling and Photovoltaic Solar Panel Installation, in accordance with the Statement of Work.

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

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

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

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 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)

Benjamin Keim

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

15B61621Q00000002 Page 2 of 60

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0001 Solid Waste Management & Recycling Program Base Year: Estimated Maximum Effective Date of Award (EDOA) through 12 months from EDOA

Firm Fixed Price

PSC: U009

Base Period

960 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0002 Solid Waste Management & Recycling Program Option Year 1: Estimated Maximum 13 months from EDOA through 24 months from EDOA

Firm Fixed Price

PSC: U009

Option Period 1

960 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0003 Solid Waste Management & Recycling Program Option Year 2: Estimated Maximum 25 months from EDOA through 36 months from the EDOA

Firm Fixed Price

PSC: U009

Option Period 2

960 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0004 Solid Waste Management & Recycling Program Option Year 3: Estimated Maximum 37 months from EDOA through 48 months from the EDOA

Firm Fixed Price

PSC: U009

Option Period 3

960 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0005 Solid Waste Management & Recycling Program Option Year 4: Estimated Maximum 49 months from EDOA through 60 months from the EDOA

Firm Fixed Price

PSC: U009

Option Period 4

960 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE

15B61621Q00000002 Page 3 of 60

AMOUNT

0006 Photovoltaic Solar Panel Installation Program Base Year: Estimated Maximum Effective Date of Award (EDOA) through 12 months from EDOA

Firm Fixed Price

PSC: U009

Base Period

450 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0007 Photovoltaic Solar Panel Installation Program Option Year 1: Estimated Maximum 13 months from EDOA through 24 months from EDOA

Firm Fixed Price

PSC: U009

Option Period 1

450 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0008 Photovoltaic Solar Panel Installation Program Option Year 2: Estimated Maximum 25 months from EDOA through 36 months from the EDOA

Firm Fixed Price

PSC: U009

Option Period 2

450 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0009 Photovoltaic Solar Panel Installation Program Option Year 3: Estimated Maximum 37 months from EDOA through 48 months from the EDOA

Firm Fixed Price

PSC: U009

Option Period 3

450 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0010 Photovoltaic Solar Panel Installation Program Option Year 4: Estimated Maximum 49 months from EDOA through 60 months from the EDOA

Firm Fixed Price

PSC: U009

Option Period 4

450 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0011 Total Aggregate (Sum of Lines 1-10) $_________________

15B61621Q00000002 Page 4 of 60

Firm Fixed Price

PSC: U009

Option Period 4

15B61621Q00000002 Page 5 of 60

Continuation of Standard Form 1449

Section 2.1 – Pricing Methodology

Quoters are required to submit, as part of their quote, a completed copy of Section 2, “Commodity or Services Schedule.” The quantity of services to be provided by the Contractor is estimated. These estimates are not a representation to a quoter or contractor that the estimated quantities will be required or ordered, or that conditions affecting requirements will remain stable or normal. Contract pricing shall include all charges to the Government for providing the services required by this solicitation/contract.

Pursuant to FAR 17.203(b), the Government’s evaluation shall be inclusive of options. The Government will evaluate quotes for award purposes by adding the total price of all options to the total price of the base year requirement. Pursuant to FAR 17.203(d), the quoters may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

2.2 Statement of Work

Subject

The Federal Bureau of Prisons, Field Acquisition Office, Grand Prairie, Texas intends to make a single award of an indefinite delivery requirements type contract with firm fixed pricing to a post-secondary institution, vocational technical school or industry-based school who will be responsible for providing occupational instruction leading to diplomas/certifications in the fields of Solid Waste Management & Recycling and Photovoltaic Solar Panel Installation. Successful completion of the training program must qualify inmates for at least entry-level employment in a specified field upon release. The courses offered in these programs will be provided to offenders incarcerated at the Federal Correctional Complex (herein referred to as FCC) located in Victorville, CA.

As an agency under the Executive Branch of the United States Government, the BOP receives an annual appropriation of funds to accomplish its mission. The public trust demands that this annual appropriation be prudently managed. Monies spent to provide education to the inmate population must reflect the agency’s best efforts to obtain cost-effective services, consistent with community standards.

In 1996, the Bureau of Prisons standardized procedures to (1) select and fund new vocational/occupational training programs, (2) select and fund existing vocational/occupational training programs, and (3) update equipment for existing vocational/occupational training programs. The following Bureau of Prisons Program Statements, which are available

15B61621Q00000002 Page 6 of 60 electronically at www.bop.gov, are applicable to this contract and are incorporated by reference to the same effect as if they were given in full text.

1. Program Statement 5300.21 – Education, Training, and Leisure Time Program Standards.

2. Program Statement 5353.01 – Occupational Education Programs

3. Program Statement 1237.13 – Information Security

Place of Performance

The Occupational Education Program instruction will be provided in the Education Department at FCC Victorville located at 13777 Air Expressway Blvd. Victorville, CA 92394.

Schedule

Solid Waste Management & Recycling Program:

A session is defined as one hour. The contractor will normally provide six (6) one (1) hour sessions per day, four (4) days per week, excluding Federal Holidays; Mondays and Wednesdays at one facility, and Tuesdays and Thursdays at another facility. The classes and sessions will rotate between the FCI I, FCI II, FPC, and USP, at the jurisdiction of the Supervisor of Education or designee. Work hours will normally be between 7:30 a.m. to 10:30 a.m., and 12:00 p.m. to 3:00 p.m., with a 30-minute unpaid lunch break. These hours may be adjusted to meet the needs of the institution. The contractor shall not normally exceed 30 hours per week. Specific dates for the classes will be determined by the Supervisor of Education and the contractor. The contractor shall make available on a nondiscriminatory basis, eight (8) – four (4) week long cycles (120 sessions/cycle) of vocational training in Solid Waste Management & Recycling.

Total requirement is 960 sessions per 12 month performance period.

Photovoltaic Solar Panel Installation Program:

A session is defined as one hour. The contractor will normally provide six (6) one (1) hour sessions per day, (5) days per week, excluding Federal Holidays. The classes and sessions will rotate between the FCI I, FCI II, and FPC, at the jurisdiction of the Supervisor of Education or designee. Work hours will normally be between 7:30 a.m. to 10:30 a.m., and 12:00 p.m. to 3:00 p.m. with a 30-minute unpaid lunch break. These hours may be adjusted to meet the needs of the institution. The contractor shall not normally exceed 30 hours per week. Specific dates for the classes will be determined by the Supervisor of Education and the contractor. The contractor shall make available on a nondiscriminatory basis, three (3) – five (5) week long cycles (150 hours/cycle) of vocational training in Photovoltaic Solar Panel Installation. Total requirement is 450 sessions per 12 month performance period.

Due to the nature of the correctional setting, work sessions may be delayed or cancelled with little notice. The reasons for such delays may include but are not limited to inclement weather and institution/base emergencies. When an instructor placed on site by the contractor reports to the institution but is unable to deliver services because of such delays, the contractor will be paid for one (1) session. Normally, any remaining sessions for that day will be suspended, and the instructor will be free to leave; the contractor will not be paid for the remaining unperformed sessions. However, if the institution requests that the contractor remain at the institution for

15B61621Q00000002 Page 7 of 60 eventual performance, the contractor shall be paid for such sessions. In the event of any instructor’s absence, the contractor shall provide replacement coverage. If the contractor fails to provide coverage, the Government may seek contractual remedy.

Education and Qualifications

The contractor must be a community or junior college listed in the directory entitled, “Accredited Institutions of Higher Education, Western Association of Schools and College”. All contract staff assigned to provide instructional services as part of this contract must be appropriately licensed /certified and have at least two years teaching experience in a classroom setting.

The contractor shall provide pre-approved and qualified personnel to act as an alternate instructor in the event of the primary instructor’s absence, or the course will be extended additional session(s) to complete the course curriculum.

The contractor shall not be a self-employed individual or individual employed by a post-secondary institution. The contract must be between the Federal Correctional Complex, Victorville, CA and a post- secondary institution, or vocational training school.

The occupational education program must fall under the provider's umbrella of accreditation and lead to transferrable credits resulting in a college certificate, Associate of Arts (A.A.), Associate in Science (A.S.), or an Associate in Applied Science (A.A.S.). 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 programs. 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., or A.A.S 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.

Four-year degree programs and programs in liberal arts/general studies are not authorized, although limited and specific courses of a liberal arts/general studies nature may be permitted if directly related to preparation for a specific occupation or vocation.

Supplies and Equipment

The contractor must provide the following supplies, equipment, and curriculum materials: Text and workbooks, certification exams, plus any additional materials that will enhance the program.

The contractor will make recommendations to the Supervisor of Education or his designee pertaining to the selection and purchase of additional supplies and equipment.

The institution will provide the following supplies, equipment, and curriculum materials: Study folders, Calculators, Projector, DVD player, and Training photovoltaic cells and control panels.

15B61621Q00000002 Page 8 of 60

Simple tools can be checked-out at the VT workshop.

Description of Duties

Solid Waste Management & Recycling Program:

The contractor will provide instruction for the Solid Waste Management program in accordance with the Bureau of Prisons Program Statement 5353.01, Occupational Education Programs, and Bureau of Prisons Program Statement 5300.21, Education, Training and Leisure Time Program Standards. Instructional areas will include, but not be limited to Introduction to the Study of Municipal Waste Management, General Concepts of Recycling, Waste-to-Energy Conversion and Composting of Green Waste, Safety and Safe Handling of Hazardous Materials, Landfill Operations, Effects of State and Federal Solid Waste Legislation, Vermiculture Techniques, Composting, and Qualified Water Efficient Landscaping.

Twenty-forty percent (20-40%) of the curriculum's competencies must be hands-on replication of the actual work environment. Application of hands-on work must be occupational in nature. An institution live work project may be utilized to demonstrate or apply hands-on competencies.

Electronic or computer-based simulation does not satisfy the hands-on or live work requirement.

The Supervisor of Education must approve live work projects.

Marketable programs shall afford inmates the opportunity to gain in-demand skills in a specific occupation, industry or trade. The marketable program must qualify inmate graduates for at least an entry-level position in a waste management occupation. As a precondition of the proposal for the contract, the contractor shall specify in writing to the Supervisor of Education or his/her designee, the position(s) of employment for which inmate graduates will be eligible to apply.

The Supervisor of Education or his designee shall determine the minimum and maximum number of enrollments. Instructors placed on site by the contractor are responsible for the maintenance of transcripts, student attendance records, statistics, and certification records.

The contractor will provide a written curriculum which establishes measurable behavioral objectives and procedures. The curriculum must include clear criteria which establish minimum expectations for program completion, provisions for the assessment of student progress, must identify the hands-on competencies and must require the students to demonstrate them. In addition to core classes needed to attain a college certificate, an industry-accepted certificate, an A.A., an A.S., or an A.A.S. degree, the curriculum must also include a course on resume development.

In addition to a 120-hour certificate of completion at the end of the program, successful students will receive a minimum of one (1) college credit, and a QWEL, Master Composter Industry Credential.

The contractor will teach up to 25 inmate students per class or as determined by the Supervisor of Education or his/her designee the classes listed in the Purpose of Contract. Eight classes to be completed during the contract period, on the base year and in option years one through four assuming option years are exercised. The Supervisor of Education or his/her designee will determine specific dates for classes. All course fees, including text books or any study material

15B61621Q00000002 Page 9 of 60 will be included in contract price.

The contractor shall assist in the recruitment of employers affiliated with the identified occupation to participate in the institution's mock job fair.

Photovoltaic Solar Panel Installation Program:

The contractor will provide instruction for the Photovoltaic Solar Panel Installation program in accordance with the Bureau of Prisons Program Statement 5353-01, Occupational Education Programs, and Bureau of Prisons Program Statement 5300.21, Education, Training and Leisure Time Program Standards. Instructional areas will include, but not be limited to Introduction to Photovoltaic, Safety and General Concepts, Solar Radiation Fundamentals, Photovoltaic Panel Fundamentals, Electrical Principles, Repair and Maintenance, OSHA-10 Certification, Technical Math, and Conduit Bending.

Twenty-forty percent (20-40%) of the curriculum's competencies must be hands-on replication of the actual work environment. Application of hands-on work must be occupational in nature. An institution live work project may be utilized to demonstrate or apply hands-on competencies.

Electronic or computer-based simulation does not satisfy the hands-on or live work requirement.

The Supervisor of Education must approve live work projects.

Marketable programs shall afford inmates the opportunity to gain in-demand skills in a specific occupation, industry or trade. The marketable program must qualify inmate graduates for at least an entry-level position in solar panel installation occupation. As a precondition of the proposal for the contract, the contractor shall specify in writing to the Supervisor of Education or his/her designee, the position(s) of employment for which inmate graduates will be eligible to apply.

The Supervisor of Education or his designee shall determine the minimum and maximum number of enrollments. Instructors placed on site by the contractor are responsible for the maintenance of transcripts, student attendance records, statistics, and certification records.

The contractor will provide a written curriculum which establishes measurable behavioral objectives and procedures. The curriculum must include clear criteria which establish minimum expectations for program completion, provisions for the assessment of student progress, must identify the hands-on competencies and must require the students to demonstrate them. In addition to core classes needed to attain a college cer1ificate, an industry-accepted certificate, an A.A., an A.S., or an A.A.S. degree, the curriculum must also include a course on resume development.

In addition to a 150-hour certificate of completion at the end of the program, successful students will receive a minimum of one (1) college credit, an OSHA – 30 hour Construction Certification, and a credential for North American Board of Certified Energy Practitioners.

The contractor will teach up to 25 inmate students per class or as determined by the Supervisor of Education or his/her designee the classes listed in the Purpose of Contract. Three classes to be completed during the contract period, on the base year and in option years one through four assuming option years are exercised. The Supervisor of Education or his/her designee will determine specific dates for classes. All course fees, including text books or any study material

15B61621Q00000002 Page 10 of 60 will be included in contract price.

The contractor shall assist in the recruitment of employers affiliated with the identified occupation to participate in the institution's mock job fair.

Attire

The contractor is expected to wear professional clothing while on duty. The attire worn shall also be appropriate for the correctional environment in which the contract employee will be performing.

Inmate Management

Provision of services will require frequent and unsupervised contact with inmates. The contract employee shall not be responsible for the management of any inmates, other than to ensure inmates involved within the contract’s scope of work abide by all rules to ensure their safety and well-being. The successful contractor shall attend the Institution Familiarization Orientation program prior to assuming institution involvement. Reimbursement to the contractor for the time spent in the institution orientation or other specific security related training will be at the contract rate, prorated hourly. The contractor may, at any time, be removed from the institution at the discretion of the CEO. The contractor is to remain constantly aware of security and maintain a professional relationship with inmates at all times. Any violation of the institution rules and regulations are to be brought immediately to the attention of any Government employee employed at the institution. The contractor will be required to provide documentation to the COR, or designee, of any infractions of institutional rules and regulations by inmates for proper action.

Institution Security

The contractor/contract employees shall agree to all regulations prescribed by the institution for the safety, custody, and conduct of inmates. The contract employee may be required to operate a system of records and will require adherence to the Privacy Act of 1974. The contract employee will be required to sign in and out of the institution for accountability purposes. A badge will be issued and worn at all times for proper identification.

The contractor may not have any intoxicating beverages, drugs, weapons, etc., in any vehicle or upon their person while on the institution property. Any person suspected of utilizing intoxicating beverages, drugs, etc., during the performance of the resultant contract will not be permitted on the premises of the institution.

Section 2.3 – Special Contract Conditions

Type of Contract: The Government contemplates a single award of an indefinite delivery/requirements type contract with firm-fixed unit prices resulting from this solicitation. It

15B61621Q00000002 Page 11 of 60 is anticipated that the contract resulting from this solicitation will be awarded in September 2021 and with an anticipated effective date of award (EDOA) of October 1, 2021. On or about the EDOA, FCC Victorville will issue a task order to the contractor. The contractor shall commence full performance of services on the EDOA. Therefore, all background clearances shall be completed prior to the EDOA.

The resulting contract will include a base year period from the effective date of award (EDOA) through 12 months from the EDOA with four (4) possible 12-month option years. Quoters are advised that the Government has the unilateral right to exercise option periods in accordance with FAR 52.217-9, "Option to Extend the Term of the Contract.”

Performance Period(s): The anticipated effective date of award (EDOA) is October 1, 2021.

Base Year: EDOA through 12 months from EDOA;

Option Year 1: 13 months from EDOA through 24 months from EDOA;

Option Year 2: 25 months from EDOA through 36 months from EDOA;

Option Year 3: 37 months from EDOA through 48 months from EDOA;

Option Year 4: 49 months from EDOA through 60 months from EDOA.

Point of Acceptance: The point of acceptance for services is FCC Victorville.

Non-Personal Services Information: This service is a contractual arrangement and not a personnel appointment. Payment is based on the provision of an end product or the accomplishment of a specific task. The service does not constitute an employer/employee relationship. The contractor will not be subject to Government supervision, except for security related matters. However, contractor performance shall be monitored. The contractor shall attend all training required by the Bureau of Prisons for contract workers. The contractor will not be permitted to attend institution meetings, staff recalls or Government training sessions for institution staff.

Reviews: The Contracting Officer or designee is authorized to review by on-site survey, review of records, or by any other reasonable manner, the quality of supplies rendered under this contract. All records shall be subject to review by the Contracting Officer or other representative of the BOP.

Payments will be denied when such service does not support the charges or if the service is deemed not necessary or appropriate. Such determinations may be made by the Contracting Officer or COR, whichever is appropriate. All records shall be subject to review by the Contracting Officer or other delegated representatives of the BOP.

15B61621Q00000002 Page 12 of 60

Contracting Officer Responsibility: Authority to negotiate changes in the terms, conditions, or amounts cited in this contract is reserved to the Contracting Officer. This responsibility may be delegated to an Administrative Contracting Officer by the Contracting Officer.

Contract Administration Office (CAO): The Contracting Office at FCC Victorville is assigned to be the CAO for a resultant contract. This assignment carries with it the authority to perform all normal contract administration functions as listed in FAR 42.302(a), items 1 through 70; to the extent those functions apply to this contract. This assignment also includes delegation of authority to perform functions specified in FAR 42.302(b), items 1 through 11.

Ordering Official: Task orders in the form of a SF-1449 may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for FCC Victorville with an appropriate certificate of appointment. Each task order will identify the services schedule for that period. Orders can be issued orally, by facsimile, mail, or electronic commerce methods.

Contract Security/Investigative Requirements: The Contractor will not be subject to Government supervision, except for security related matters and monitoring of contract performance.

The following investigative procedures may be applied and appropriate forms completed before any Contractor employees are permitted inside an institution:

(1) National Crime Information Center (NCIC) check;

(2) Declaration of Federal Employment (OF-306);

(3) FD-258 (fingerprint check);

(4) Law Enforcement Agency checks;

(5) Vouchering of Employers;

(6) Employment Resume;

(7) Completed Contractor Pre-employment Questionnaire;

(8) Release of Information;

(9) Questionnaire for Sensitive Positions (SF-85 for Low Risk, SF-85P for above low risk);

(10) Credit Check, if applicable;

(11) Urinalysis, if applicable In addition to the above procedures, Contractor employees must agree to undergo a urinalysis test (for the detection of marijuana and other drug usage). If a test result is positive, the individual(s) shall be excluded and the Contractor shall provide acceptable replacement personnel subject to the same security requirements. Before a quote can be considered for award, the Contractor must agree to submit to the all the above security requirements.

15B61621Q00000002 Page 13 of 60

Schedule of Insurance:

As required by FAR clauses 52.228-5 entitled "Insurance-Work on a Government Installation" the contractor shall, at its own expense, provide and maintain during the entire performance of the resulting contract, at least the kinds and minimum amounts of insurance required as listed below:

Workers Compensation & Employers Liability: The contractor shall comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage.

Employer's liability coverage of a least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (FAR 28.307-2(a)).

Comprehensive General Liability: $500,000 per accident on occurrence for bodily injury. This insurance shall include contractor's protective and liability (FAR 28.307-2(b)), and Automobile liability: (FAR 28.307-2(c)). Before commencing work under this contract, the contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. The policies evidence required coverage 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, or

(2) until 30 days after insurer or the contractor gives written notice to the Contracting Officer, whichever period is longer. The contractor shall insert the substance of this clause, including this paragraph, in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain insurance required in the schedule or elsewhere in the contract. The contractor shall maintain a copy of all subcontractor's proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions – Commercial Items (Oct 2018)

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, Contract Terms and Conditions – Commercial Items.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (Feb 1998)

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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 address:

www.acquistion.gov/far Clause Title 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.232-18 Availability of Funds (Apr 1984) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.228-5 Insurance-Work on Government Installation (Jan 1997)

FAR 52.216-18, Ordering (Aug 2020)

(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 current performance period through the last day of the current 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)

FAR 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 deliverable as identified in Schedule of Services, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

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

(2) Any order for a combination of items in excess of the estimated quantities 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 paragraph (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 http://www.acquistion.gov/far

15B61621Q00000002 Page 15 of 60 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 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

FAR 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.

(End of clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor prior to expiration of the current performance period; provided that the Government gives the

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Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause shall not exceed 5 years.

(End of clause)

FAR 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.

(End of clause)

BOP 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 contractor employee whose background investigation (BI) process begins on or after October 27, 2005:

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

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

c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position. Outlined below are the minimum BI requirements for each risk level:

• High Risk - Background Investigation (5 year scope)

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• 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 Investigation Criminal History Check (i.e., fingerprint check results).

e. Badge re-validation will occur once the investigation is completed and favorably adjudicated.

If the BI results so justify, badges issued under these procedures will be suspended or revoked.

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 requirements for short-term contractors are:

a. Favorable review of the security questionnaire form;

b. Favorable fingerprint results;

c. Favorable credit report, if required;5 and

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

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

For example, if a contractor employee requires daily access for a three or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a second request is submitted for the same contractor employee within a 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.

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

b. Contractors requiring intermittent access should follow the Department's escort policy.

Please reference the August 11, 2004, and January 29, 2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted access.

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

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

e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year.

4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated BI meeting HSPD-12 and DOJ's BI requirements.

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

Notes:

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

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

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

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

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

(End of clause) http://www.csrc.nist.gov/publications/fips/fips201/FIPS-201-022505.pdf

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BOP 52.218-000 Continuing Contract Performance During a Pandemic Influenza or other National Emergency (May 2008)

During a Pandemic or other emergency, we understand that our contractor workforce will experience the same high levels of absenteeism 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 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…