SOLICITATION - FCI RAY BROOK.pdf

U.S. Department of Justice Federal Bureau of Prisons

Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

RE: Request for Quote 15B21222Q00000003 AOE Alcoholism & Substance Abuse Program Federal Correctional Institution (FCI) – Ray Brook, NY

Dear Quoter:

Attached is a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the provision of AOE Alcoholism & Substance Abuse Program Services at FCI Ray Brook, NY. 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 611699.

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 February 14, 2022, 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. 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

15B21222Q00000003 Page 1 of 57

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15B21222Q00000003

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

01/14/2022

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

02/14/2022 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: 611699

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

15B212CODE15. DELIVER TO

Federal Bureau of Prisons FCI Ray Brook 128 Ray Brook Road Raybrook, NY 12977-0300

CODE 15B21216. ADMINISTERED BY

Federal Bureau of Prisons FCI Ray Brook 128 Ray Brook Road Raybrook, NY 12977-0300

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

15B212CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCI Ray Brook 128 Ray Brook Road Raybrook, NY 12977-0300

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 Alcohol & Substance Abuse Program Services in accordance with the Statement of Work.

Firm Fixed Price

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

$12,000,000.00

15B21222Q00000003 Page 2 of 57

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0001 Alcohol & Substance Abuse Program Base Year: Estimated Maximum Effective Date of Award (EDOA) through 12 months from EDOA

PSC: U009

Base Period

350 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0002 Alcoholism & Substance Abuse Program Option Year 1: Estimated Maximum 13 months from EDOA through 24 months from EDOA

PSC: U009

Option Period 1

350 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0003 Alcoholism & Substance Abuse Program Option Year 2: Estimated Maximum 25 months from EDOA through 36 months from the EDOA

PSC: U009

Option Period 2

350 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0004 Alcoholism & Substance Abuse Program Option Year 3: Estimated Maximum 37 months from EDOA through 48 months from the EDOA

PSC: U009

Option Period 3

350 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0005 Alcoholism & Substance Abuse Program Option Year 4: Estimated Maximum 49 months from EDOA through 60 months from the EDOA

PSC: U009

Option Period 4

350 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0011 Total Aggregate (Sum of Lines 1-5) 0 $________ $_________________

15B21222Q00000003 Page 3 of 57

PSC: U009

Option Period 4

15B21222Q00000003 Page 4 of 57

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 or vocational technical school who will be responsible for providing occupational instruction of a Alcoholism and Substance Abuse program. Course completions will meet Federal Bureau of Prisons (BOP) standards for educational training. Successful completion of the training program must qualify inmates for at least entry-level employment in a specified field upon release. This program will be provided to offenders incarcerated at the Federal Correctional Institution (herein referred to as FCI) located in Ray Brook, New York.

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 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.

15B21222Q00000003 Page 5 of 57

2. Program Statement 5353.01 – Occupational Education Programs

3. Program Statement 1237.13 – Information Security

Place of Performance

The Alcoholism and Substance Abuse program instruction will be provided in the Education Department at FCI Ray Brook located at 128 Ray Brook Road, Ray Brook, NY 12977.

Schedule

A session shall be defined as one (1) hour. The contractor will normally provide three (3) sessions per day, four (4) days per week on Monday, Tuesday, Wednesday, Thursday excluding Federal holidays. Work hours will normally be between the hours of 5:30pm to 8:30pm. The contractor shall not normally exceed 12 hours per week. These hours may be adjusted to meet the needs of the institution. Specific dates and schedule will be mutually agreed upon by the Supervisor of Education and the contractor. Total requirement is 350 sessions per 12 month performance period.

Qualifications

The contractor shall be accredited and licensed with: New York State Office of Alcoholism and Substance Abuse Services (OASAS), Academy of Addiction Studies; and have a provider number.

All contract staff assigned to provide instructional services as part of this contract must be appropriately licensed /certified.

The contractor shall not be a self-employed individual or individual employed by a post-secondary institution. The contract must be between the FCI Ray Brook and a post- secondary institution or vocational training school.

Supplies and Equipment

All necessary supplies and equipment will be provided by the Federal Bureau of Prisons.

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

Description of Duties

The contractor will provide instruction for the Alcoholism and Substance Abuse 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.

The contractor shall make available on a non-discriminatory basis, services consistent with the requirements of this solicitation and all applicable federal and state laws in effect during the term

15B21222Q00000003 Page 6 of 57 of this contract. The manner and method of performing the tasks outlined in the statement of work are within the sole discretion of the contractor who shall perform in accordance with professional standards and methods. The Bureau of Prisons has the sole discretion to determine the contractor's compliance with the contract terms and conditions.

The contractor will coordinate educational activities, schedule and develop the Advanced Occupational Education Program for Alcoholism and Substance Abuse Studies classes (including curriculum and lesson plan development) for adult males, provide instruction, assess progress of inmates participating in program through flow charts, and provide statistical data to the Supervisor of Education.

The contractor will interview qualified program applicants to determine the likelihood of their successful completion of the ASAS program and their ability to meet the requirements for credentialing as an Alcoholism and Substance Abuse Counselor.

The contractor shall provide a written course syllabus to each student enrolled in the program and copies for the ASAS Coordinator and the Supervisor of Education. The syllabus shall include the topic, date, and the name of the instructor for each session and will be provided at least one month (30 calendar days) in advance of the instruction.

The contractor shall be responsible for the following prescribed duties and standards:

A. Develop and maintain a quality level of on-site education/training, enhanced by literature, pamphlets, books, handouts, and videos, as submitted by application.

B. Review and revise existing curriculum in order to provide the maximum benefit to the program participants.

C. Inform New York State Office of Alcoholism and Substance Abuse Services if approved instructors change, submit qualifications and gain approval for new instructors.

D. Cooperate with Office of Alcoholism and Substance Abuse Services personnel who may make observation visits to monitor education/training sessions.

E. Submit evaluation data and exam scores after each of three program evaluation/examination sessions are completed and provide other information/data as required.

F. Ensure all contract instructors have completed Federal Correctional Institution

Ray Brook’s Contract/Volunteer Training session and subsequent yearly training sessions prior to being scheduled for instructional services.

G. Consistently provide integrated, organized, effective substance abuse counseling education/training, as well as academic and career counseling as needed, as outlined in the application.

15B21222Q00000003 Page 7 of 57

H. Shall not intentionally misrepresent the issued provider number to students or the general public.

I. Provide students with accurate and current information on education and training requirements and application procedures for obtaining a CASAC credential.

BUREAU OF PRISONS PROGRAM STATEMENTS

The following Bureau of Prisons Program Statements are applicable to this contract:

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

2. Policy Statement 5353.01 - Occupational Education Programs.

a. “The program is related directly to preparation for a specific occupation or vocation.”

a. The CASAC program is the Credentialed Alcoholism and Substance Abuse Counselor program. This program provides the 350 hours needed to start working in the field of alcoholism and substance abuse counseling. The individual with the 350 hours of schooling can start working in the field as they complete their 6,000 hours of full time supervised work experience to become credentialed. The requirements for a CASAC are listed below. These are the New York State guidelines although NYS is a member of the International Certification & Reciprocity Consortium so the schooling and requirements that are in NYS may have reciprocity with other areas within the United States.

“The International Certification & Reciprocity Consortium (IC&RC) is a membership organization consisting of over 75 certification authorities. The IC&RC promotes uniform professional standards with the commitment to providing high quality services for clients. The IC&RC promotes public protection by offering internationally-recognized credentials through testing and credentialing of addiction professionals. The organization represents 47 states including New York State. Member boards also include 25 countries, six Native American territories, and all branches of the United States military.” (https://oasas.ny.gov/credentialing/reciprocity-credentialed-addiction-service-professionals)

b. Requirements to become a CASAC from the OASAS website:

i. To become a CASAC, you must:

ii. Be at least 18 years of age;

iii. Have earned at least a High School Diploma or High School

Equivalency (HSE) diploma;

iv. Be proficient in English, including the ability to speak, write, 15B21222Q00000003 Page 8 of 57 comprehend orally, and read at a minimum level necessary to perform as a CASAC;

v. Live or work in New York State at least 51 percent of the time during the application period;

vi. Have three individuals complete an Evaluation of Competency and Ethical Conduct on your behalf. The Evaluation is based on the CASAC Canon of Ethical Principles

vii. Document a minimum of 6,000 hours (approximately three years) of supervised, full-time equivalent work experience in an approved setting;

viii. Document completion of education and training consisting of a minimum of 350 clock hours.

ix. Successfully complete a criminal background check review;

and

x. Pass the International Certification and Reciprocity Consortium, Inc. (IC&RC) examination for Alcohol and Drug Counselors (ADC).

xi. All stated requirements are verified in the application process.

The complete list of the CASAC qualifications and requirements, as well as the full course curriculum, can be found in the CASAC application.

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

15B21222Q00000003 Page 9 of 57

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 is anticipated that the contract resulting from this solicitation will be awarded in February 2022 and with an anticipated effective date of award (EDOA) of April 1, 2022. On or about the EDOA, FCI Ray Brook 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 April 1, 2021.

Base year – April 1, 2022 through March 31, 2023 Option 1 – April 1, 2023 through March 31, 2024 Option 2 – April 1, 2024 through March 31, 2025 Option 3 – April 1, 2025 through March 31, 2026 Option 4 – April 1, 2026 through March 31, 2027

Point of Acceptance: The point of acceptance for services is FCI Ray Brook.

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

15B21222Q00000003 Page 10 of 57 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.

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 Ray Brook 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 FCI Ray Brook 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;

15B21222Q00000003 Page 11 of 57

(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.

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

15B21222Q00000003 Page 12 of 57 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)

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) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Jun 2020)

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) http://www.acquistion.gov/far

15B21222Q00000003 Page 13 of 57

(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 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

15B21222Q00000003 Page 14 of 57 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 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 52.218-000 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 workers as backup for all positions performing critical services.

This is particularly important for work such as guard services where telework is not an option.

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

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

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

• Integrate pandemic health crisis response expectations into telework agreements.

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

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

• Practice telework regularly to ensure effectiveness.

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

• Identify how time and attendance will be maintained.

It is the contractor’s responsibility to advise the Government Contracting Officer if they anticipate not being able to perform and to work with the Bureau of Prisons (BOP) to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her absence, the Contracting Officer’s Technical Representative, via telephone or e-mail messages acknowledging the contractor’s notification. The incumbent contractor is responsible for assisting the BOP in estimating the adverse impacts of nonperformance and to work diligently with the BOP to develop a strategy for maintaining continuity of operations.

The BOP does reserve the right in such emergency situations to use Federal employees, employees of other agencies, contracting support from other existing contractors, or to enter into new contracts for critical support services. Any new contracting efforts would be acquired following the guidance in the Office of Federal Policy issuance “Emergency Acquisitions”, dated May 2007 and Subpart 18.2, Emergency Acquisition Flexibilities, of the Federal Acquisition Regulations.

(End of Clause)

JAR 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 hazardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other material or working condition designated by the Contracting Officer's Technical Representative (COTR) as potentially hazardous and requiring safety controls.

(b) The Occupational Safety and Health Administration (OSHA) is responsible for issuing and administering regulations that require contractors to apprise its employees of all hazards to which they may be exposed in the course of their employment; proper conditions and precautions for safe use and exposure; and related symptoms and emergency treatment in the event of exposure.

(c) Prior to commencement of work, contractors are required to inspect for and report to the contracting officer or designee the presence 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.

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(d) If during the performance of the work under this contract, the contractor or any of its employees, or subcontractor employees, discovers 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 constitute 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)

52.21-603-70 Contracting Officer's Representative (COR) (July 2012)

(a) At the time of this solicitation, the Education Department at FCI Ray Brook does not have a certified Contracting Officer’s Representative. Therefore, a COR will be appointed by the CAO after award. (b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provide hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contractor effort, fills in details or otherwise serves to accomplish the contractual Scope of Work;

evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment. (c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

(End of clause)

BOP 2852.242-71 Evaluation of Contractor Performance Utilizing CPARS (Apr 2011) The services, although not directly supervised, shall be reviewed by the Federal Bureau of Prisons (BOP) staff to ensure contract compliance. The contractor’s performance will be evaluated in accordance with FAR 42.15. Contractor monitoring reports will be prepared by the Contracting Officer’s Representative (COR) and maintained in the file. In accordance with FAR

42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit to the Contractor Performance Assessment Reporting System (CPARS). The BOP utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to provide contractor performance evaluations. The contractor shall provide and maintain a current e-mail address throughout the life of the contract. The contractor will receive and e-mail from the Focal Point thru the following website address webptsmh@navy.mil when the contractor is registered in CPARS. The e-mail will contain a “user ID” and temporary password to register in the CPARS system. The contractor must be registered to access and

15B21222Q00000003 Page 17 of 57 review its evaluation and/or provide a response. If assistance is required when registering, please contact the Contracting Staff/Focal Point.

(End of clause)

DOJ 52.27-103-72 DOJ Contractor Residency Requirement (June 2004) For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commitment, individuals or contractor employees providing services must have:

1. Legally resided in the United States (U.S.);

2. Worked for the U.S. overseas in a Federal or military capacity; or

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

If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current information regarding allied countries:

http://www.opm.gov/employ/html/citizen.htm By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.

(End of clause) Y 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.

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

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C. DOJ Information means any Information that is owned, produced, controlled, protected by, or otherwise within the custody or responsibility of the DOJ, including, without limitation, Information related to DOJ programs or personnel. It includes, without limitation, Information

(1) provided by or generated for the DOJ, (2) managed or acquired by Contractor for the DOJ in connection with the performance of the contract, and/or (3) acquired in order to perform the contract.

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

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

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

B. All documents produced in the performance of this contract containing DOJ Information are the property of the U.S. Government and Contractor shall neither reproduce nor release to any third-party at any time, including during or at expiration or termination of the contract without the prior written permission of the CO.

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

IV. Compliance with Information Technology Security Policies, Procedures and Requirements A. For all Covered Information Systems, Contractor shall comply with all security requirements, including but not limited to the regulations and guidance found in the Federal Information Security Management Act of 2014 (“FISMA”), Privacy Act of 1974, E-Government Act of 2002, National Institute of Standards and Technology (“NIST”) Special Publications (“SP”), including NIST SP 800-37, 800-53, and 800-60 Volumes I and II, Federal Information Processing…