USP McCreary 25Z1AE6 Food Service Boilers Solicitation.pdf

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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 AND 30.

1. REQUISITION NUMBER

15B12025PR000076

PAGE 1 OF

5. SOLICITATION NUMBER

15BFA025Q00000151

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

04/17/2025

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Anne Bradley abradley1@bop.gov

b. TELEPHONE NUMBER (No collect calls)

771-474-6749

8. OFFER DUE DATE / LOCAL

TIME

05/08/2025 10:00 ET

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 UNRESTRICTED OR X SET ASIDE:100.00 % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

X SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

8(A)

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

332410

SIZE STANDARD:

750 Employees

10. THE ACQUISITION IS

SEE SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

13b. RATING

X REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

CODE15. DELIVER TO

Federal Bureau of Prisons USP McCreary

330 FEDERAL WAY

Pine Knot, KY 42635

CODE BFAO16. ADMINISTERED BY

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

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

15B120CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons USP McCreary

330 FEDERAL WAY

Pine Knot, KY 42635

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 NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Supply and installation of a new combination boiler for the Food Service Department at USP McCreary in accordance with the SOW.

Unique Entity ID: _____________________________

CAGE: __________________________

Email: ___________________________ 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 Government Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

ARE X 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: REFERENCE _____________________________

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)

Darrell McKeel

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

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19.

ITEM NUMBER

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. 11/2021) BACK

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Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule 3 Contract Clauses 4 List of Attachments 5 Solicitation Provisions

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Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Provision of supply and install of a new combination boiler for the Food Service Department in accordance with the SOW.

PSC: 4410

Delivery Schedule:

Quantity: 1.000000

Delivery Address: Federal Bureau of Prisons USP McCreary

330 FEDERAL WAY

Pine Knot, KY 42635

1 EA $________ $_________________

Aggregate Total: $_______________________________

Estimated calendar days to complete project: _____________

Section 2.1 Terms and Conditions Regarding RFQ

The Bureau of Prisons, Field Acquisition Office, intends to award a contract for the provision of a Supply and Install of a new combination boiler for the Food Service Department at the United States Penitentiary (USP) McCreary, located at 330 Federal Way, Pine Knot, KY 42635. General information about the facility is available at www.bop.gov.

Performance Period:

It is anticipated that this project will have a performance period of 161 calendar days. The time frame allotted will allow adequate time for security clearances to be obtained, materials to be ordered and delivered on site, the installation of the system, testing and demobilization from the work site. The contractor may submit their time frame schedule for the completion of work for the Supply and Install of the combination boiler.

It is anticipated that an award will be made on or about May 22, 2025 with a projected Effective Date of May 28, 2025.

Place of Performance:

United States Penitentiary (USP) McCreary 330 Federal Way Pine Knot, KY 42635

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.

Section 2.2 Statement of Work - Replace Combination Boiler (Project 25Z1AE6)

1.0. GENERAL

1.1. INTRODUCTION

A. The Federal Bureau of Prisons (FBOP), United States Penitentiary (USP) McCreary, located at 330 Federal Way, Pine Knot, Kentucky 42635, intends to make a single award to a responsible entity that will provide all necessary equipment, labor, and materials to replace the existing food service boiler system with a new highly efficient combination boiler system. The boiler plays a critical role in food service providing and meeting specific needs to operate efficiently and effectively. The new combination boiler will have a minimum of 30 HP and produce a minimum output of 1,000 MBH

15BFA025Q00000151 Page 5 of 50 to provide steam for six steam kettles and hot water for the Food Service Department located at USP McCreary. The new combination system will include Cleaver Brooks Hawk 1000 controls and an Allen-Bradley 7” Touchscreen Human/ Machine/Interface (HMI) technology and Modbus tie in capability. The combination boiler will have a max operating psig of 15. The new combination boiler system will enhance operational efficiency, reduce maintenance costs, and improve overall performance in accordance with this SOW.

1.2. BACKGROUND

A. USP McCreary consists of a high-security penitentiary, housing approximately 1,500 male inmates, and a minimum-security satellite camp, housing approximately 130 male inmates. The institution was constructed from 2000 to 2003. The manufacturer of the existing gas-fired boiler is Unilux, with model# ZF150HS, and is monitored by Andover Continuum Automation System. The boiler system is approximately 22 years old, surpassed its life expectancy and is irreparable.

1.3. SUMMARY

A. The Contractor shall be responsible for the overall coordination, project management, and installation of a new high quality boiler system that will replace the existing irreparable system. The contractor shall also connect the Cleaver Brooks Hawk to the Andover Continuum Automations System. The replacement should be conducted efficiently to minimize downtime and disruption to operations. The new boiler system will be certified to meet or exceed all applicable federal, state, local or other codes, and the intent of this SOW.

B. The work includes but is not limited to the following:

1. Removal of Existing Equipment:

a) Decommissioning: Disconnect power and any other utilities connected to the current boiler system.

b) Removal: Carefully dismantle and remove the existing equipment from its installation site.

c) Disposal: Properly dispose of the removed equipment in accordance with local regulations.

2. Installation of New Equipment:

a) Delivery: Coordinate the delivery of the new boiler system to the facility.

b) Installation: Install the new combination boiler system according to manufacturer specifications and industry best practices. The new combination boiler will have a minimum of 30 HP and produce a minimum output of 1,000 MBH. The boiler will also be equipped with the Cleaver Brooks (Hawk 1000) controls and an Allen- Bradley (Panel View Plus) 7” Touch Screen Human/Machine/Interface (HMI) technology and Modbus tie in capability.

The combination boiler will have a max operating psig of 15.

c) Replace all associated equipment to include condensate deaerator tank and water pumps.

d) Provide all necessary piping, fittings, gas connections, controls, electrical components, supplies and safety devices

e) Integration: Ensure the new system is properly integrated with existing infrastructure and operational systems.

3. Testing and Commissioning:

a) Functional Testing: Perform thorough testing of the new boiler to verify functionality and performance

b) Calibration: Adjust and calibrate the system as needed to meet operational requirements.

c) Final Inspection: Conduct a final inspection to ensure all installation and performance criteria are met.

4. Training and Documentation:

a) Training: Provide training sessions for facility personnel on the operation and maintenance of the new boiler.

b) Documentation: Deliver detailed documentation, including installation reports, maintenance guidelines, and warranty information.

1.4. DEFINITIONS

A. None to note.

1.5. CLOSEOUT SUBMITTALS

A. Closeout submittals must be submitted for approval prior to Government inspection and acceptance and approval for final payment.

B. Guarantees and warranties C. Installation Documentation.

D. Operation and Maintenance Data E. Installer shall certify that the boiler system was installed and tested in accordance with the project drawings, the manufacturer recommendations, and all applicable regulatory codes; and therefore, the boiler system as installed meets the intent of the contract documents.

1.6. QUALITY ASSURANCE

A. Installer Qualifications: The Contractor shall comply with the latest edition of the following codes and standards.

a) NFPA 70 - National Electrical Code

b) NFPA 101 – Life Safety Code

c) Federal Codes and Regulations

d) Americans with Disabilities Act (ADA)

e) Factory Mutual (FM) Approval

1.7. PROJECT CONDITIONS

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A. Perform a full inspection of the boiler system and ensure effective operation. Document any equipment or components not functioning as designed. If conditions require modification to the contract, submit a detailed change proposal to the Contracting Officer. The Contractor shall not deviate from this SOW without a prior written Change Order from the institution’s Contracting Officer.

1.8. FIELD QUALITY CONTROL

A. Manufacturer's Field Service: Engage a factory-authorized service representative to inspect, test, and adjust field-assembled components and equipment, including connection, and to assist in field- testing. Report results in writing.

B. Notify the COR at least two (2) days prior to the final system testing and certification so that arrangements can be made to have FBOP required staff available to observe testing. Submit a complete plan to the COR in advance, detailing procedures for final check out and testing of the complete system.

C. Field test and inspections reports:

Before requesting final approval of the installation, submit a written statement verifying installation is complete and the boiler system is functioning as required.

2.0. CONTRACTOR SECURITY/WORKING REGULATIONS

2.1. SECURITY CLEARANCE

A. All Contractors/subcontractors and each of their construction staff will be required to attend an orientation and security procedures training prior to being granted access to the institution to start work. All security forms must be completed within 7 days prior to the training.

B. Each day, each Contractor and subcontractor shall provide a checklist to the COR, showing all employees on site, verifying the number of workers on site, and that all workers are approved to be on site.

2.2. WORKING CONDITIONS

A. Work Hours: Work Hours for on-site contract services are 7:30 AM to 3:30 PM, Monday through Friday, except Federal Holidays. Any work to be completed at any other time requires written approval, a minimum of five (5) working days prior to the start of the work.

B. The contractor shall provide their own equipment and tools as government resources will not be available.

C. Access to the site will be available during normal working hours except during emergencies. It is the responsibility of the Contractor to familiarize himself, his employees, and his subcontractors with the working hours and conditions in the correctional facility, as working hours may not constitute a full eight-hour workday.

D. To avoid processing out of and back into the institution mid-day, lunches are to be consumed at the work site.

Workers shall ensure they have everything they need for their lunch when they check-in first thing in the morning.

E. Contractors should plan for a certain amount of time for security considerations, i.e., check-in screening, delay due to inmate movements, institution lock-down, institution emergencies, fog or any other weather-related events, etc. In the event of an institution emergency, the Contractor will be instructed to secure all work, to secure and stow all tools, equipment and materials, and will be escorted out of the institution. Work will resume once the institution emergency passes.

F. On Federal Property, smoking is only allowed in designated outdoor areas. This policy will be strictly enforced.

G. Contractors will NOT be allowed to bring cell phones, two-way pagers, or cameras into the institution. The Facilities Department maintains a digital camera that will be utilized by FBOP staff to document the project work. The Contractor may request copies of these photos for record keeping.

H. Contractor personnel shall wear clothing suitable for the work they are to perform. The following clothing is not permitted on institution grounds:

1) Green or khaki-color clothing (inmates wear these colors)

2) Camouflage shirt/pants/outer wear

3) Shorts

4) Sleeveless shirts/tank tops.

2.3. DELIVERY OF MATERIALS

A. All construction materials/equipment required for the Work shall be processed by the Contractor and coordinate with the institution COR for temporary storage.

B. Anything shipped directly to the site may be received by the Contractor between the hours of 8:00 AM and 2:00 PM, Monday through Friday, except Federal Holidays. Under no circumstances will FBOP staff receive or sign for a delivery.

The Contractor or his representative must be present to verify and accept the delivery.

C. Contractors shall provide their own means of loading and unloading material and equipment.

D. Do not use the institution entry/driveway for the loading, unloading, or storage of any materials or equipment. Do not impede/block the driveway at any time.

2.4. STORAGE OF MATERIALS AND EQUIPMENT

A. All construction materials/tools shall be stored in a designated area, mutually agreed upon by the COR and the Contractor. The storage area will be a secure lockable gang box or similar, size to be determined by the Contractor and

15BFA025Q00000151 Page 7 of 50 the COR. All tools will be inventoried prior to entering and exiting the work site and must be accounted for each workday.

Any broken tools shall be inventoried, and all parts must be accounted for. Report any lost or broken tools to the escorting staff immediately.

2.5. PROGRESS CLEANING

A. The Contractor shall be responsible to ensure the premises are kept clean and free from accumulation of waste materials and rubbish at all times. Remove all debris, scrap, and rubbish from the work area daily. Promptly remove surplus materials and all equipment from the site upon completion of the work. The Contractor must remove all debris and waste materials from the job site prior to acceptance of the project. Dispose of these items in accordance with all Federal, State, and local laws.

2.6. SAFETY AND PERSONAL PROTECTCTIVE EQUIPMENT

A. All contractors, subcontractors, and their employees shall have and wear at all times while on the job site, the required personal protective equipment (PPE) prescribed by industry standards. It is the responsibility of the Contractor to provide all PPE.

B. All ladders regardless of the size shall be stored secured to a stationary fixture with a chain and lock in a predetermined area, such that they cannot be removed. If ladders are required, immediately consult with the COR to ensure the COR can make timely notification to appropriate institution staff.

C. All extension cords regardless of length shall be in good condition with no broken outer insulation and shall be secured in a locked construction gang box.

D. Should a system require Lock-out/Tag-out, the system will be required to have both Contractor and institution locks on the isolation point to prevent shock. All Lock-out/Tag-out procedures will be in compliance with the institution Lock-out program.

2.7. UTILITIES

A. The FBOP will provide minimal electrical power (120V), for battery chargers, small hand tools, etc.

In addition, the FBOP will provide restroom services and water. The Contractor will provide all other supplies and materials needed to complete this project.

Section 2.3 General Terms and Conditions

Initiating Contractor Performance: The contractor shall initiate performance under this contract by submitting required documentation to initiate security clearance of potential candidate(s) no later than 3 calendar days after the effective date of award of the contract.

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 after award may be delegated to an Administrative Contracting Officer by the Contracting Officer.

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 services rendered under this contract. All records shall be subject to review by the Contracting Officer or other representative of the BOP.

Point of Acceptance: The point of acceptance for services is USP McCreary, 330 Federal Way, Pine Knot, KY 42635.

Security and Investigative Requirements:

The employees of the contractor entering the institution may be required to meet certain security requirements prior to entering the institution. Primary concerns are the amount of contact that may occur between the contractor and his/ her employees with the adults in custody (AIC) population during the performance of the contract. Contract employees are allowed access to the institution at the sole discretion of the CEO of the institution. The program manager at USP McCreary is responsible for conducting the appropriate law enforcement check on all contractor staff that may need access inside the prison facility. The following investigative procedure will be performed:

(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);

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(10) Credit Check, if applicable;

(11) Urinalysis, if applicable.

Quoters should also note that clause DOJ-03, Personal Security Requirements for Contractor Employees (Nov 2021) requires that contractor personnel have a "favorable credit report." 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.

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.

In compliance with the Service Contract Labor Standards, the Employee Class for this requirement is 25010 Boiler Tender at $22.02 per hour.

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Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023)

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)

52.209-10 Prohibition on Contracting with Inverted Domestic

Corporations (Nov 2015)

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023)

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

1997)

52.232-18 Availability of Funds (Apr 1984)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors (Mar 2023)

52.233-3 Protest after Award (Aug 1996)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.242-13 Bankruptcy (July 1995)

Clauses By Full Text

2852.201-70 Contracting Officer's Representative (COR) (NOV 2020)

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(a) Mr./Ms. TBD of USP McCreary , [Address] , [Area Code, Telephone Number] , is hereby designated to act as Contracting Officer's Representative (COR) underTBD , for the period of [Period] (specify the performance period of the contract that the designation covers).

(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or another representative designated in writing by the Contracting Officer. The term “technical direction” includes, without limitation, the following:

(i) Receiving all deliverables;

(ii) Inspecting and accepting the supplies or services provided in accordance with the terms and conditions of this contract;

(iii) Clarifying, directing, or redirecting the contract effort, including shifting work between work areas and locations, filling in details, or otherwise serving to accomplish the contractual statement of work to ensure the work is accomplished satisfactorily;

(iv) Evaluating performance of the Contractor; and

(v) Certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COR does not have the authority to issue direction that:

(i) Constitutes a change of assignment or work outside the contract specification/work statement/scope of work.

(ii) Constitutes a change as defined in the clause entitled “Changes” or other similar contract term.

(iii) Causes, in any manner, an increase or decrease in the contract price or the time required for contract performance;

(iv) Causes, in any manner, any change in a term, condition, or specification or the work statement/scope of work of the contract;

(v) Causes, in any manner, any change or commitment that affects price, quality, quantity, delivery, or other term or condition of the contract or that, in any way, directs the contractor or its subcontractors to operate in conflict with the contract terms and conditions;

(vi) Interferes with the contractor's right to perform under the terms and conditions of the contract;

(vii) Directs, supervises, or otherwise controls the actions of the Contractor's employees or a Subcontractor's employees.

(d) The Contractor shall proceed promptly with performance resulting from the technical direction of the COR. If, in the opinion of the Contractor, any direction by the COR or the designated representative falls outside the authority of (b) above and/or within the limitations of (c) above, the Contractor shall immediately notify the Contracting Officer.

(e) Failure of the Contractor and Contracting Officer to agree that technical direction is within the scope of the contract is a dispute that shall be subject to the “Disputes” clause and/or other similar contract term.

(f) COR authority is not re-delegable.

(End of Clause)

2852.222-70 Domestic Violence, Sexual Assault, and Stalking (DEC 2014)

(a) It is DOJ policy to enhance workplace awareness of and safety for victims of domestic violence, sexual assault, and stalking. This policy is summarized in “DOJ Policy Statement 1200.02, Federal Workforce Responses to Domestic Violence, Sexual Assault, and Stalking,” available in full for public viewing at: http://www.justice.gov/sites/default/files/ovw/ legacy/2013/12/19/federal-workplacee-responses-to-domesticeviolence-sexualassault-stalking.pdf.

Vendor agrees, upon contract award, to provide notice of this Policy Statement, including at a minimum the above-listed URL, to all Vendor employees and employees of subcontractors who will be assigned to work on DOJ premises.

(b) Upon contract award, DOJ will provide the Contractor with the name and contact information of the point of contact for victims of domestic violence, sexual assault, and stalking for the component or components where the Contractor will be performing. The Contractor agrees to inform its employees and employees of subcontractors, who will be assigned to work on DOJ premises, with the name and contact information of the point of contact for victims of domestic violence, sexual assault, and stalking.

(End of Clause)

2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (NOV 2020)

(a) “Unsafe condition” as used in this clause means the actual or potential exposure of Contractor or Government employees to a hazardous material.

(b) “Hazardous Material” as used in this clause includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract), any other potentially hazardous material requiring safety controls, or any other material or working condition designated as hazardous by the Contracting Officer's Representative (COR).

(c) 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

15BFA025Q00000151 Page 11 of 50 employment; proper conditions and precautions for safe use and exposure; and related symptoms and emergency treatment in the event of exposure.

(d) Prior to commencement of work, Contractors are required to inspect for and report to the Contracting Officer 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.

(e) 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.

(f) 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.

(g) 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)

DOJ-07 Prohibition On Access By Non-U.S. Citizens To DOJ IT Systems (MAR 2002)

The Department of Justice does not permit the use of Non-U.S. citizens in the performance of this contract or commitment for any position that involves access to or development of any DOJ IT system. By signing the contract or commitment document, the contractor agrees to this restriction. In those instances where other non-IT requirements contained in the contract or commitment can be met by using Non-U.S. citizens, those requirements shall be clearly described.

(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 FY25. 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 FY25, 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)

52.242-71 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.

(End of Clause)

BOP 2852.237-77 Contractors Classified as Common Law Employees for Federal Income Tax Purposes (July 2017)

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(a) When award is made to an individual other than a corporation, the provision of these services by an individual makes that individual a “common law employee” of the Bureau for federal income tax purposes only. Therefore, the Bureau is responsible for the payment of FICA taxes and the withholding of the individual contractor’s taxes.

(b) An award made to an individual resulting from this solicitation is not subject to FAR 52.212-4, Prompt Payment Act.

(c) Upon contract award, the following forms shall be completed by the individual awardee:

# Direct Deposit (SF-1199A).

# Federal/State/City/County Tax forms (as applicable).

# Employee Locator Form (DOJ-233).

# Ethnicity and Race Information (SF-181).

# Self-Identification of Disability (SF-256).

# Employment Eligibility Verification (I-9).

(d) Even if an individual contractor is denoted a “common law employee” for federal income tax withholding purposes, the contractor remains an independent contractor. No employment relationship will be created between the Bureau and the contractor by the award of this contract to an individual contractor. An individual contractor awardee is not entitled to other aspects of employment with the Bureau, such as the filing of Equal Employment Opportunity claims, tort claims, etc.

[End of Clause]

DOJ-01 Whistleblower Information Distribution (Oct 2021)

Within 30 days of contract award, the contractor and its subcontractors must distribute the “Whistleblower Information for Employees of DOJ Contractors, Subcontractors, Grantees, or Sub-Grantees or Personal Services Contractors” (“Whistleblower Information”) document to their employees performing work in support of the products and services delivered under this contract (https://oig.justice.gov/sites/default/files/2020-04/NDAA-brochure.pdf). By agreeing to the terms and conditions of this contract, the prime contractor acknowledges receipt of this requirement, in accordance with 41 U.S.C. § 4712 and FAR

3.906 & 52.203-17, and commits to distribution. Within 45 days of award, the contractor must provide confirmation to the contracting officer verifying that it has distributed the whistleblower information as required.

(End of Clause)

DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021)

Work performed under this contract will involve any one or more of the following: access to DOJ Information, which may include Controlled Unclassified Information (CUI), i.e., unclassified, sensitive DOJ information, and/or access to DOJ Information Technology (IT) systems, and/or unescorted access to DOJ space or facilities. Contractor employees will occupy Public Trust Positions, unless clause alternates are applied.

1. General Requirements

(a) (1) All references to “contract(or) personnel” and “contract(or) employee” in this clause means all individuals, without limitation, to include individuals employed by the contractor, team member, subcontractor, consultant, and/or independent contractor, who will have access to information of the Department of Justice (DOJ) or information that is within the custody and control of the DOJ, access to DOJ IT systems, and/or unescorted access to DOJ facilities/space in connection with the performance of this contract. “Employment” as used herein does not create nor imply an employer/employee relationship between the DOJ and contractor employees.

(b) (1) The type of security investigation required for each contractor employee will be governed by the type and risk level of information made available to the contractor employee. The contractor will not be permitted to commence performance under this contract until a sufficient number of its personnel, as determined by the Security Programs Manager (SPM), in consultation with the Contracting Officer’s Representative if one is appointed, have received the requisite security approval.

(c) Except where specifically noted otherwise, the federal government will be responsible for the cost and conduct of the investigation.

(d) The contractor shall ensure that no contractor employee commences performance prior to receipt of a written authorization from the contracting officer, COR, or the SPM that performance by the respective contractor employee is authorized.

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(e) The data and other information to which the contractor may have access as a result of this contract is the property of, and/or within the custody and control of, the Department, and its disclosure to third parties is governed by various statutes and regulations, the violation of which may subject the discloser to criminal penalties.

2. Citizenship and Residency Requirements

(a) Residency Requirement. (1) Contractor employees in Public Trust positions, both U.S. citizens and non-U.S.

citizens, must meet the Department’s residency requirement if they will require access to DOJ information, IT systems, or unescorted access to facilities. For three years (not necessarily consecutive years) out of the last five years immediately prior to employment under the Department contract the contractor employee must have: (i) resided in the U.S.; (ii) worked for the U.S. in a foreign country as either an employee or contractor in a federal civilian or military capacity; or, (iii) been a dependent of a federal civilian or military employee or contractor working for the U.S. in a foreign country. At the Department’s sole discretion, the residency requirement may be waived by the Department Security Officer (DSO) for contractor employees on a case-by-case basis where justified by extenuating circumstances. The residency requirement does not apply to contractor employees residing in foreign countries that are hired to work in American embassies/ consulates/missions located outside of the United States and who require access to DOJ information, IT systems, or unescorted access provided that an adequate background investigation can be conducted, with favorable adjudication, as determined by the DSO.

(b) Citizenship. (1) Aside from the specific exceptions set forth in Section 1.2(b)(2), for Public Trust positions, the DOJ requires that contractor employees be U.S. citizens and nationals, or lawful permanent residents seeking U.S. citizenship.

Any prospective non-U.S. citizen contractor employee who requires access to DOJ information systems, DOJ information, and/or unescorted facilities access must also have been granted a waiver as described below in paragraphs 1.2(d) and/or (e). The contractor is responsible for verifying that the non-U.S. citizens working under this contract are lawful permanent residents seeking U.S. citizenship.

(2) Exception for Certain Non-U.S. Citizen Contractor Employees: (i) Non-U.S. citizen expert witnesses, litigative consultants, and interpreters in rare foreign languages are not required to be lawful permanent residents seeking U.S. citizenship. However, they must be granted a waiver for access to unclassified DOJ information, whether CUI or not, DOJ IT systems, and/or unescorted facility access, as described below in paragraph 1.2(d) and (e), regardless of the duration of their duties. (ii) Non-U.S. Citizen contractor employees residing in foreign countries who are hired to work for the Department of Justice in American embassies/consulates/missions outside of the United States are not required to be lawful permanent residents seeking U.S. citizenship.

(c) Dual Citizenship. (1) U.S. citizens who hold dual citizenship with a foreign country are considered U.S. citizens within the meaning of this clause, and may be considered for, but are not entitled to, contract employment as U.S. citizens consistent with this clause. The means by which the contractor employee obtained or exercises his or her dual citizenship status will be a consideration in the Public Trust Investigation (PTI) adjudication, and/or waiver approval processes discussed in this clause.

(d) Access to DOJ Information Technology Systems. Non-U.S citizens are not authorized to access DOJ information technology (IT) systems or assist in the development, operation, management, or maintenance of DOJ IT systems, including providing IT system support, unless a waiver has been granted by the Head of the DOJ component or designee, with the prior concurrence of both the DSO and the DOJ Chief Information Officer, allowing computer access by the non- U.S. citizen. Such a waiver will be granted only in exceptional and unique circumstances on a case-by-case basis. It should be noted that the Justice Consolidated Office Network (JCON) is a sensitive DOJ IT system and any contractor employee who will need access to JCON must be a U.S. citizen or have received a waiver. In order for a waiver to be considered for approval: (1) There must be a compelling reason for using this individual as opposed to a U.S. citizen; (2) The type of personnel security vetting that has been conducted on the individual, and vetting results, that would mitigate risk; and (3) The waiver must be in the best interest of the federal government.

(e) Access to Unclassified DOJ Information and Unescorted Access to DOJ Facilities or Space. (1) Except as provided under 1.2(b)(2), non-U.S. citizens are not authorized to access DOJ information and/or unescorted access to DOJ facilities or space, unless a waiver has been granted by the DSO, allowing access by the non-U.S. citizen. Such a waiver will be granted on a case-by-case basis where justified at the discretion of the DSO.

3. Background Investigation Requirements

(a) (1) Unless otherwise stated below, all contractor personnel are subject to a Public Trust Investigation (PTI). The SPM will determine the type of investigation for each contractor employee based on the risk category (i.e., the nature of

15BFA025Q00000151 Page 14 of 50 the position and degree of harm that could be caused by the individual in that position) and whether the position is long-term or short-term. The PTI risk categories are listed below.

(i) High Risk Positions. The minimum background investigation required is a Tier 4 (T4) investigation, and the five-year reinvestigation required is a Tier 4R (T4R) investigation. The 2017 version of the Standard Form (SF) 85P, Questionnaire for Public Trust Positions, is required.

(ii) Moderate Risk Positions. The minimum background investigation required is a Tier 2 (T2) investigation. The five-year reinvestigation required is a Tier 2R (T2R) investigation. The 2017 version of the SF-85P is required.

(iii) Low Risk/Non-Sensitive Positions. The minimum background investigation required for Low Risk/Non- Sensitive positions is a Tier 1 (T1) investigation and the required five-year reinvestigation is also a Tier 1 (T1) investigation. The SF 85, Questionnaire for Non-Sensitive Positions, is required.

(b) Exception for Expert Witnesses. Expert Witnesses, litigative consultants, and interpreters in rare foreign languages may not be subject to full background investigation requirements if alternative security requirements are approved by the DSO.

(c) Short-Term U.S. Citizen Contractor Employees. Other than the exception in Section 1.3(b), short-term contractor employees (6 months or less) who are U.S. citizens are not subject to a full background investigation, however, must receive an approved pre-employment background investigation waiver. The required forms to complete and submit are listed in Section 1.4(b) and (c)(2).

(d) Long-Term U.S. Citizen Contractor Employees. Other than the exception in Section 1.3(b), all long-term U.S.

citizen employees (longer than 6 months) are subject to a full background investigation in the risk category appropriate to the position they will hold.

(e) Non-U.S. Citizen Contractor Employees. Other than the exception in 1.3(b), all non-U.S. citizen contractor employees regardless of performance duration (short or long term) are subject to a full background investigation in the risk category appropriate to the position they will hold.

(f) Reciprocity. (1) A Public Trust Investigation will be accepted under reciprocity if it meets the following guidelines:

(i) the investigation is current (investigations are considered current if completed within the last five years) and favorably adjudicated, or the reinvestigation has been deferred; (ii) the investigation meets or exceeds the level of investigation required for the DOJ contractual instrument; (iii) there has been no continuous (not cumulative) break in federal contract/ service employment of two years or more; (iv) there is no derogatory information since the favorable fitness determination or adjudication that calls into question the individual’s fitness based on character or conduct; and (v) the investigative record does not show conduct that is incompatible with the core duties of the new contract position. A “core duty” is a continuing responsibility that is of particular importance to the relevant covered position or the achievement of an agency’s mission. Core duties will vary from position to position.

4. Background Investigation Process

(a) e-QIP (or its successor). Public Trust background investigations/reinvestigations of contractor employees will be performed by the DCSA. The investigative process requires contractor employees to complete the Electronic Questionnaires for Investigations Processing (e-QIP) and provide additional information as specified in paragraph 1.4(b) below. Immediately after contract award, the contractor shall designate an employee as its “e-QIP Initiator” and provide the name of this person to the SPM. The e-QIP Initiator must have, at a minimum, a favorably adjudicated Tier 1 investigation and the appropriate DOJ security approval before being given access to e-QIP. After the e-QIP Initiator’s security approval is granted, the Contractor will be configured in e-QIP as a sub-agency to DOJ. The contractor will then be responsible for initiating investigations for all contract personnel, whose previous investigation does not meet reciprocity, in e-QIP for completion of the security questionnaire form and forwarding the electronic form with the remainder of the security package to the SPM. Subject to the prior written approval of the SPM, the contractor may designate an e-QIP Initiator for each subcontractor. Subcontractor e-QIP Initiators must have, at a minimum, a favorably adjudicated Tier 1 investigation and the appropriate DOJ security approval before being provided access to e-QIP.

(b) Additional Documentation. (1) In addition to completing the e-QIP questionnaire (see 1.4(a), above), the contractor shall ensure that each contractor employee occupying Public Trust Positions, including short-term employees, completes and submits the following information through the contractor’s Corporate Security Officer:

(i) Digital Fingerprinting/FD-258 Applicant Fingerprint Card. Two sets are required per applicant. The contractor may schedule appointments with the SPM to be digitally fingerprinted; otherwise, fingerprinting by the

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FBI or other law enforcement entity, as approved by the SPM, is required to ensure the identity of the person being fingerprinted and for printing quality. All pertinent information must be completed by the individual taking the fingerprints (FBI or other). Use of the physical FD-258 Applicant Fingerprint Card should only be used in extenuating circumstances.

(ii) DOJ-555 Fair Credit Reporting Act Disclosure. Authorizes DOJ to obtain one or more consumer/credit reports on the individual. This form will be required if the Component SPM determines a credit check is necessary for its Low Risk Level 1 contractor positions.

(iii) OF-306, Declaration for Federal Employment.

(iv) Foreign National Relatives or Associates Statement. This is only required if foreign national relatives or associates were not disclosed on the security questionnaire form.

(v) Self-Reporting Requirements for All Contractor Personnel. This is an acknowledgement and acceptance statement that every contractor must sign.

(vi) Additional information as may be required based on the review of the security questionnaire form.

The contractor shall review all forms/documents to ensure each is complete, accurate and meets all DOJ requirements, including applicable residency and citizenship requirements. The contractor shall resolve any issues or discrepancies with the contractor employee, including resubmission of corrected forms or documentation. Completed forms/documents shall be submitted to the SPM (or designee, which may include the COR) within five (5) calendar days after being finalized.

(c) Adjudication and Pre-Employment Background Investigation Waivers

(1) Except as set forth in this section, background investigations must be conducted and favorably adjudicated for each contractor employee prior to…