SOLICITATION_FCI THREE RIVERS.pdf

U.S. Department of Justice

Federal Bureau of Prisons Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

RE: 15BFA022Q00000042, HVAC & Welding Services Federal Correctional Institution (FCI) Three Rivers, Texas

Dear Quoter:

Attached is a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the provision of HVAC & Welding services for the FCI located in Three Rivers, Texas. This package contains all necessary information to submit a quote.

When submitting your quote, the quoter should consider all information provided herein. Please carefully follow all instructions located in the solicitation package concerning content, format, and submission of quotes. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award.

All potential quoters are advised that this solicitation includes the provision at FAR 52.204-7 System for Award Management (SAM) which requires that an offeror be registered in SAM when submitting an offer or quote and continue to be registered throughout the duration of the contract.

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.

Quotes shall be received on or before the deadline of Thursday, April 28, 2022, at 3:00 p.m.

Central Time. Quotes shall be submitted in pdf format electronically via email to llwheeler@bop.gov. Faxed and hand delivered quotes will not be accepted.

Please submit any questions you may have concerning this solicitation in writing via email to llwheeler@bop.gov.

Sincerely, LaQueta Wheeler LaQueta Wheeler Contracting Officer

15BFA022Q00000042 Page 1 of 55

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15BFA022Q00000042

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

04/14/2022

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

LaQueta Wheeler, llwheeler@bop.gov

b. TELEPHONE NUMBER (No collect calls)

972-352-4536

8. OFFER DUE DATE / LOCAL

TIME

04/28/2022 03:00 PM CT

CODE BFAO

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: $22 million

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

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

15B516CODE15. DELIVER TO

Federal Bureau of Prisons FCI Three Rivers

HWY 72 WEST

Three Rivers, TX 78071

CODE 15B51616. ADMINISTERED BY

Federal Bureau of Prisons FCI Three Rivers

HWY 72 WEST

Three Rivers, TX 78071

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

15B516CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCI Three Rivers

HWY 72 WEST

Three Rivers, TX 78071

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

The Contractor shall provide HVAC & Welding services at the Federal Correctional Institution (FCI) located in Three Rivers, Texas 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

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

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

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

LaQueta Wheeler

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

15BFA022Q00000042 Page 2 of 55

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

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

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

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

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

15BFA022Q00000042 Page 3 of 55

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2 Scheduled Continued, SOW, and Special Contract Conditions 3 Contract Clauses

52.204-13 System for Award Management Maintenance (Oct 2018) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2021) 52.224-1 Privacy Act Notification (Apr 1984) 52.224-2 Privacy Act (Apr 1984) 52.228-5 Insurance-Work on a Government Installation (Jan 1997) 52.232-18 Availability of Funds (Apr 1984) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Jun 2020) 52.216-18 Ordering (Aug 2020) 52.216-19 Order Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

OR OTHER NATIONAL EMERGENCY (May 2008) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) 52.21-603-70 Contracting Officer's Representative (COR) (June 2012)

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

2004)

BOP 2852.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR

2011) DJAR-PGD-15-03 Security of Department Information and Systems DJAR-PGD-14-05 Federal Workplace Response to Domestic Violence, Sexual Assault, And Stalking (Dec 2014) DOJ-01 Whistleblower Information Distribution (Oct 2021) DOJ-02 Contractor Privacy Requirements (JAN 2022) DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021); (Alt. I) -- Classified Information -- Cleared Contractors 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Jan 2022)

4 List of Attachments 5 Solicitation Provisions

52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Nov 2021) 52.217-5 Evaluation of Options (July 1990) 52.204-7 System for Award Management (Oct 2018)

5.1 Tailoring of FAR 52.212-1 & Quote Submission Instructions 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (Nov 2021)

15BFA022Q00000042 Page 4 of 55

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0001 Base Year:

October 1, 2022 to September 30, 2023

HVAC Services

Estimated Maximum.

PSC: U006

1,200 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0002 Base Year:

October 1, 2022 to September 30, 2023

Welding Services

Estimated Maximum.

PSC: U006

1,200 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0003 Option Year 1:

October 1, 2023 to September 30, 2024

HVAC Services

Estimated Maximum.

PSC: U006

1,200 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0004 Option Year 1:

October 1, 2023 to September 30, 2024

Welding Services

Estimated Maximum.

PSC: U006

1,200 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0005 Option Year 2:

October 1, 2024 to September 30, 2025

HVAC Services

Estimated Maximum.

PSC: U006

1,200 SS $________ $_________________

15BFA022Q00000042 Page 5 of 55

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0006 Option Year 2:

October 1, 2024 to September 30, 2025

Welding Services

Estimated Maximum.

PSC: U006

1,200 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0007 Option Year 3:

October 1, 2025 to September 30, 2026

HVAC Services

Estimated Maximum.

PSC: U006

1,200 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0008 Option Year 3:

October 1, 2025 to September 30, 2026

Welding Services

Estimated Maximum.

PSC: U006

1,200 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0009 Option Year 4:

October 1, 2026 to September 30, 2027

HVAC Services

Estimated Maximum.

PSC: U006

1,200 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0010 Option Year 4:

October 1, 2026 to September 30, 2027

Welding Services

Estimated Maximum.

PSC: U006

1,200 SS $________ $_________________

2 Scheduled Continued, SOW, and Special Contract Conditions

SECTION 2.1 – PRICING METHODOLOGY

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

Estimated Aggregate Pricing (Base + Option Years): $_____________________

15BFA022Q00000042 Page 6 of 55 requirements will remain stable or normal. Contract pricing shall include all charges to the Government for providing the services required by this solicitation.

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.

SECTION 2.2 – STATEMENT OF WORK

General Information The Federal Bureau of Prisons, Field Acquisition Office, Grand Prairie, Texas, intends to make a single award of a firm fixed price requirements type contract to an accredited institution of higher learning for the provision of a HVAC Instructor & Welding Instructor at the Federal Correctional Institution, Three Rivers, Texas (FCI Three Rivers).

Place of Performance FCI Three Rivers US Highway 72 West Three Rivers, TX 78602

Services will be performed in the Education and Vocational Trade Departments.

Schedule of Performance A session is defined as one hour. The contractor shall provide six sessions per day, Monday through Friday, excluding Federal Holidays. Work hours will generally be between 7:30 a.m. to 4:00 p.m. with a 60 minute unpaid lunch break. These hours may be adjusted to meet the needs of FCI Three Rivers. The contractor shall not exceed thirty (30) hours per week of instruction. The contractor will hold instruction Monday through Thursday for class and lab assignments. Friday will be used for administrative work, and/or make-up work, as necessary.

Due to the sensitive nature of the correctional environment, the instructor is expected to be prompt in reporting to work in order to support the inmate accountability policy. Delays in performance of work may be expected.

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

Any changes to the schedule or adjustments in sessions will require prior approval and mutual agreement of both parties. Payment for services will only be based on scheduled sessions of work according to the contract.

A schedule that is mutually acceptable to the government and the contractor can be determined after the award of the contract and with the approval of the contracting officer.

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.

Supplies Training aids, materials, textbooks, and other related supplies will be furnished by the Bureau of Prisons.

Selections are subject to approval by the Supervisor of Education. Equipment not provided by Bureau of Prisons, will be provided by the contractor. An approved list of reference materials suggested by the instructor/

15BFA022Q00000042 Page 7 of 55 contractor may be ordered by the institution. The contractor/ instructor will not bring in any equipment, tools, or class supplies without prior approval of the Supervisor of Education. The curriculum for the HVAC course must include both classroom instruction and laboratory activities, as well as allowing for the inclusion of live-work projects in the institution. Live-work must account for 20%-40% of the overall classroom or lab time.

Curriculum shall be provided by the certifying college.

Scope of Services for HVAC & Welding Services The manner and method of performing the tasks outlined in the statement of work, are the sole responsibility and within the sole discretion of the contractor, provided, however, that the contractor performs in accordance with the standards and methods normally accepted by the contractor’s field of expertise. Due to national and/ or state accreditation and certification requirements, the contractor must provide an instructional program that meets the minimum established requirements for a HVAC & Welding program.

The instructor is required to have an extensive knowledge in teaching the areas related to HVAC & Welding Programming. The instructor shall instruct by lecture, demonstration, and project assignments. The instructor shall develop and administrate classroom evaluation of the inmates/ students and submit grades in accordance with established education procedures similar to those in the community. The instructor may, when applicable, allow advanced students to assist those students of lesser abilities.

Classroom Management The Instructor will account for all government-furnished materials, and shall monitor inmate use. Any infractions of institution rules and regulations on the part of the inmate shall be reported to the Supervisor of Education. The instructor shall report emergencies or extraordinary problems and follow up with a written statement of the event.

Management The instructor will sign the provided log or sign-in sheet to document full sessions worked each month. The services provided, being non-personal in nature, will be provided in the professional method as considered in the local community.

Provisions of Service The contractor/ instructor will be required under this contract to have frequent and unsupervised contact with inmates. The instructor will not be responsible for the direct management of inmates, other than to ensure that those inmates involved in activities within the contractor’s scope of work shall abide by the rules in effect to ensure their safety and well-being.

Technical Work Requirements The contractor will ensure that services meet primary Bureau of Prisons program objectives. The contractor, or the instructors employed by the contractor, will prepare the curriculum and lesson plans; as well as teach and instruct adult inmate students in HVAC & Welding classes.

The contractor and the employees hired by the contactor will be skilled in interpersonal communications and relations, group dynamics, counseling, and in one-on-one assistance for adults. In addition, the contractor and its instructors must review skills, assess student development and make recommendations for improvements.

The contractor, or employee of the contractor, will report absences and infractions of institution policies to the Supervisor of Education.

Special Qualifications Requirements The contractor identified to perform these services on behalf of the contractor, must meet the following requirements:

* A minimum of two years of documented work/instructional experience in HVAC & Welding related field

15BFA022Q00000042 Page 8 of 55

* Provide national and/or state certification

* Provide proper accreditation for possible transfer of class hours toward college credit or other means of higher learning.

* Issue a Certificate of Completion for each course, awarded to each student upon successful completion

Verification of these requirements shall be included within the bid packet. The contractor shall provide pre-approved and qualified personnel to act as substitute teachers in the event of a scheduled instructor’s absence.

Due to the sensitive nature of the correctional environment, instructors are expected to be prompt in reporting to work in order to support the inmate accountability policy.

Other Miscellaneous Information This contractual agreement does not constitute a personnel appointment. All duties outlined in this statement of work shall be performed in accordance with standards and methods generally accepted within the instructor’s field of expertise. Payments shall be based on the accomplishments of specific results; and results to be obtained shall be entirely within the determination of the Supervisor of Education. The contractor shall be subject to supervision for security matters and the performance of instructional sessions will be monitored by the Supervisor of Education.

End of Statement of Work

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 May 2022 and with an anticipated effective date of award (EDOA) of October 1, 2022. On or about the EDOA, FCI Three Rivers will issue a task order to the contractor. The contractor shall commence full performance of services on 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 for renewal at the unilateral discretion of the Government. 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 Periods:

Base Year: October 1, 2022 to September 30, 2023;

Option Year 1: October 1, 2023 to September 30, 2024;

Option Year 2: October 1, 2024 to September 30, 2025;

Option Year 3: October 1, 2025 to September 30, 2026;

Option Year 4: October 1, 2026 to September 30, 2027.

Point of Acceptance: The point of acceptance for services is FCI Three Rivers.

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.

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

15BFA022Q00000042 Page 9 of 55 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.

Administrative Contracting Office (ACO): The Contracting Office at FCI Three Rivers 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.

Authorized Ordering Officials: Task orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for FCI Three Rivers 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. "OF-347 or SF-1449 will be used as the task order.

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.

Quoters should also note that contract clause 52.24-403-70, Notice of Contractor Personnel Security Requirements (Oct 2005) requires that contractor personnel have a “favorable credit report.” Quoters are strongly encouraged to pre-screen potential candidates for credit issues before submitting the candidate to FCI Three Rivers.

By submitting a quote for service, the contractor and its employees agree to complete the required documents and undergo the listed procedures. An individual who does not pass the security clearance will be unable to enter the Bureau facility. Any individual employed by the contractor who is deemed not suitable by the Bureau requirements will not be granted access to perform services under the contract. This is a condition of the contract. Finally, the contractor shall be in compliance with 8 CFR 274a regarding employment of aliens.

Schedule of Insurance: In accordance with FAR 52.212-4(q), the Contractor shall comply with all applicable Federal, State, and local laws for the requirements of maintaining applicable insurance coverage.

15BFA022Q00000042 Page 10 of 55

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2021)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov

Clause Title Fill-ins (if applicable)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial

Services (Nov 2021)

52.224-1 Privacy Act Notification (Apr 1984)

52.224-2 Privacy Act (Apr 1984)

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

52.232-18 Availability of Funds (Apr 1984)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Nov 2021)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To

Inform Employees of Whistleblower Rights (Jun 2020)

Clauses By Full Text

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 [insert dates].

(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.

15BFA022Q00000042 Page 11 of 55

(c) A delivery order or task order is considered "issued" when--

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either--

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than deliverable as identified in Schedule of Services [insert dollar figure or quantity], 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 [insert dollar figure or quantity];

(2) Any order for a combination of items in excess of the estimated quantities in the Schedule of Items within the current performance period [insert dollar figure or quantity]; 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)

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.

15BFA022Q00000042 Page 12 of 55

(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 [insert date].

(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 within the expiration of the current performance period [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] 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 (months)(years).

(End of clause)

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. 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, 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)

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 a reasonable effort to keep performance at an acceptable level during emergency periods.

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

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

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

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

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

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

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

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* 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 perform 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 Department to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her absence, another responsible person in the contracting office via telephone or email messages acknowledging the contractor's notification. The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations.

The Department does reserve the right in such emergency situations to use Federal employees, employees of other agencies, contract 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 Procurement Policy issuance "Emergency Acquisitions", May, 2007 and Subpart 18.2. Emergency Acquisition Flexibilities, of the Federal Acquisition Regulations.

[End of Clause]

2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996)

(a) "Unsafe condition" as used in this clause means the actual or potential exposure of contractor or Government employees to a 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.

(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) (June 2012)

(a)The Contracting Officer's Representative will be appointed after contract award. ,_______________________ , _________________________,______________________________, is hereby designated as the Contracting Officer's Representative (COR) under this contract.

(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

15BFA022Q00000042 Page 14 of 55 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.

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

For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or 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]

BOP 2852.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR 2011)

The services, although not directly supervised, shall be reviewed by Federal Bureau of Prisons (BOP) staff to ensure contract compliance. The contractor's performance will be evaluated in accordance with FAR 42.15. Contract monitoring reports will be prepared by the Contacting Officer's Representative (COR) and maintained in the contract file.

In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit it to the Past Performance Information Retrieval System (PPIRS). 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 an e-mail from the Focal Point thru the following website address webptsmh@navy.milwhen the contract 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 review its evaluation and/or provide a response. If assistance is required when registering, please contact the Contracting Staff/Focal Point.

DJAR-PGD-15-03 Security of Department Information and Systems

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.

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B. Personally Identifiable Information (or PII) means any information about an individual maintained by an agency, including, but not limited to, information related to education, financial transactions, medical history, and criminal or employment history and information, which can be used to distinguish or trace an individual's identity, such as his or her name, social security number, date and place of birth, mother's maiden name, biometric records, etc., including any other personal information which is linked or linkable to an individual.

C. DOJ Information means any Information that is owned, produced, controlled, protected by, or otherwise within the custody or responsibility of the DOJ, including, without limitation, Information related to DOJ programs or personnel. It includes, without limitation, Information (1) provided by or generated for the DOJ, (2) managed or acquired by Contractor for the DOJ in connection with the performance of the contract, and/or (3) acquired in order to perform the contract.

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

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

III. Confidentiality and Non-disclosure of DOJ Information

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

B. All documents produced in the performance of this contract containing DOJ Information are the property of the U.S.

Government and Contractor shall neither reproduce nor release to any third-party at any time, including during or at expiration or termination of the contract without the prior written permission of the CO.

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

IV. Compliance with Information Technology Security Policies, Procedures and Requirements

A. For all Covered Information Systems, Contractor shall comply with all security requirements, including but not limited to the regulations and guidance found in the Federal Information Security Management Act of 2014 (“FISMA”), Privacy Act of 1974, E- Government Act of 2002, National Institute of Standards and Technology (“NIST”) Special Publications (“SP”), including NIST SP 800-37, 800-53, and 800-60 Volumes I and II, Federal Information Processing Standards (“FIPS”) Publications 140-2, 199, and 200, OMB Memoranda, Federal Risk and Authorization Management Program (“FedRAMP”), DOJ IT Security Standards, including DOJ Order 2640.2, as amended. These requirements include but are not limited to:

1. Limiting access to DOJ Information and Covered Information Systems to authorized users and to transactions and functions that authorized users are permitted to exercise;

2. Providing security awareness training including, but not limited to, recognizing and reporting potential indicators of insider threats to users and managers of DOJ Information and Covered Information Systems;

3. Creating, protecting, and retaining Covered Information System audit records, reports, and supporting documentation to enable reviewing, monitoring, analysis, investigation, reconstruction, and reporting of unlawful, unauthorized, or inappropriate activity related to such Covered Information Systems and/or DOJ Information;

4. Maintaining authorizations to operate any Covered Information System;

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5. Performing continuous monitoring on all Covered Information Systems;

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

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

8. Identifying Covered Information System users, processes acting on behalf of users, or devices, and authenticating and verifying the identities of such users, processes, or…