Waseca RFQ Cosmetology.pdf

U.S. Department of Justice Federal Bureau of Prisons

Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

Dear Quoter:

Attached is a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the provision of Cosmetology Instructor, FCI Waseca, MN. This package contains all necessary information to submit a quote.

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

All potential quoters are advised that this solicitation includes the clause at FAR 52.212-4 for Commercial Items. Paragraph (t), System for Award Management (SAM), of this clause requires that all quoters doing business with the Federal Government to be registered in the SAM database.

Quoters should include their Data Universal Number System (DUNS) number in their quotes. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardees DUNS number into the SAM database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award. For the purposes of this solicitations, all quoters SAM registration should include NAICS code 611210.

If you have questions about the System for Award Management (SAM), Government procurements in general, or need assistance in the preparation of your quote, a local Procurement Technical Assistance Center (PTAC) may be able to help. The Procurement Technical Assistance Program was authorized by Congress in 1985 in an effort to expand the number of businesses capable of participating in the Government marketplace. To locate a PTAC near you, go to http://www.aptac-us.org.

Quotes shall be received on or before the deadline of April 5, 2021 at 09:00. Central Time. Quotes shall be submitted electronically via email to vvanburen@bop.gov in pdf format only and will be deemed received at the time as indicated on the email notification. Faxed and hand delivered quotes will not be accepted. Quotes received after the quote deadline will be handled in accordance with FAR 212-1(f).

Please submit any questions you may have in writing. Questions may be submitted via email to vvanburen@bop.gov

Sincerely, //s//

Vivian Van Buren Contract Specialist

15B41520Q00000011 Page 1 of 41

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

15B41520Q00000011

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

02/03/2021

7. FOR SOLICITATION

INFORMATION CALL:

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

TIME

CODE 15BFA0

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

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

RFQ IFB RFP

14. METHOD OF SOLICITATION

15B415CODE15. DELIVER TO

Federal Bureau of Prisons FCI Waseca 1000 University Dr SW Waseca, MN 56093

CODE 15B41516. ADMINISTERED BY

Federal Bureau of Prisons FCI Waseca 1000 University Dr SW Waseca, MN 56093

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

15B415CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCI Waseca 1000 University Dr SW Waseca, MN 56093

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

OFFER SEE ADDENDUM

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

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Provision of an Occupational Training Program Provider- Cosmetology Instructor in accordance to Statement of Work for the inmate population at the Federal Correctional Institution, Waseca, Minnesota

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)

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

Vivian Van Buren vvanburen@bop.gov 972-352-4502 04/05/2021 9:00 CT

611210 22.0 x x x

0124-20 FAO 20-306

15B41520Q00000011 Page 2 of 41

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Occupational Training Program Provider-Cosmetology Instructor, FCI Waseca, Minnesota

Base Year: Effective Date of Award through 12 months

Estimated Maximum

Firm Fixed Price

PSC: U005

1,550 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Occupational Training Program Provider-Cosmetology Instructor, FCI Waseca, Minnesota

Option Year 1: 13 months from Effective Date of Award through 24 months

Estimated Maximum

Firm Fixed Price

PSC: U005

1,550 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Occupational Training Program Provider-Cosmetology Instructor, FCI Waseca, Minnesota

Option Year 2: 25 months from Effective Date of Award through 36 months

Estimated Maximum

Firm Fixed Price

PSC: U005

1,550 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Occupational Training Program Provider-Cosmetology Instructor, FCI Waseca, Minnesota

Option Year 3: 37 months from Effective Date of Award through 48 months.

Estimated Maximum

Firm Fixed Price

PSC: U005

1,550 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Occupational Training Program Provider-Cosmetology Instructor, FCI Waseca, Minnesota

Option Year 4: 49 months from Effective Date of Award through 60 months.

Estimated Maximum

Firm Fixed Price

PSC: U005

1,550 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

15B41520Q00000011 Page 3 of 41

0006 Occupational Training Program Provider-Cosmetology Instructor, FCI Waseca, Minnesota

Six Month Extension: 61 months from Effective Date of Award through 66 months.

Estimated Maximum

Firm Fixed Price

PSC: U005

775 SS $________ $_________________

Total Base Plus Options and extension:_________________________________

Continuation of Standard Form 1449

Section 2.1 – Pricing Methodology Quoters are required to submit, as part of their quote, a completed copy of Section 2, “Commodity or Services Schedule.” The quantity of services to be provided by the Contractor is estimated. These estimates are not a representation to a quoter or contractor that the estimated quantities will be required or ordered, or that conditions affecting requirements will remain stable or normal. Contract pricing shall include all charges to the Government for providing the services required by this solicitation/contract.

Pursuant to FAR 17.203(b), the Government’s evaluation shall be inclusive of options. The Government will evaluate quotes for award purposes by adding the total price of all options to the total price of the base year requirement.

Pursuant to FAR 17.203(d), the quoters may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

OTHER CONSIDERATIONS

Any deviations from the requirements must have prior approval from the Contracting Officer in writing.

Section 2.2 -Statement of Work

STATEMENT OF WORK

Occupational Training Program Provider-

Cosmetology Instructor

SUBJECT

The Federal Bureau of Prisons (BOP), Field Acquisition Office, Grand Prairie, Texas intends to make a single award of an indefinite delivery/requirements type contract with firm fixed prices to a responsible post-secondary, vocational training or industry-based school for the provision of a Vocational Training Program Provider - Cosmetology Program (Instructor) for female offenders at the Federal Correctional Institution (FCI) Waseca, located in Waseca, Minnesota, with the possibility of a six month extension. Successful completion of the training program must qualify inmates for at least entry-level employment in a specified field upon release. General Information regarding the Federal Bureau of Prisons (BOP), its facilities, and referenced Program Statements can be located at www.bop.gov.

The course is a twelve month certificate program for approximately 20 qualified inmates.

PLACE OF PERFORMANCE

The Cosmetology Occupational Training Program will be taught at Federal Correctional Institution (FCI) Waseca, 1000 University Drive, Waseca, Minnesota 569093.

PROGRAM REQUIREMENTS/EDUCATION/QUALIFICATIONS

The contractor shall not be a self-employed individual or individual employed by a post-secondary institution. The contract must be between FCI Waseca and a post-secondary institution, vocational training school or industry –based school. The occupational education program must fall under the provider’s umbrella of accreditation and lead to an industry-accepted certificate. Providers must be listed with the US Department of Education and be able to receive/provide federal government financial aid assistance to their students: https://ope.ed.gov/dapip/#/home. All contract staff assigned to provide instructional services as part of the resulting contract must be certified in the general field of post-secondary education with certification in their area of expertise. Contract teachers shall be certified to teach in the State of Minnesota. The contractor shall also provide pre-approved and qualified personnel who will act as substitute instructors in the event of a scheduled instructor’s absence. The contractor awarded this contract at a minimum; must have successfully completed a State of Minnesota cosmetology license and have

15B41520Q00000011 Page 4 of 41 experience as a professional instructor, teaching cosmetology. The contractor will provide a copy of all diplomas and/or certificates and professional instructor experience, with contact information, to support stated qualifications.

The curriculum, lesson plans and routine organizations of the program will be the responsibility of the contract instructor following FCI Waseca’s schedule, not the academic calendar or days off, of the awarded institution. In addition, the instructors will be responsible for initiating communication with the COR.

The course will consist of approximately 20 eligible students. The contractor will work jointly with the Bureau of Prisons (BOP) staff in the retention of and recommendation for the continued participating of students for the program. The contractor will provide the program curriculum to the COR prior to the start of the program.

Curriculum topics should include, but are not limited to the following: Cosmetology Basic Practices, Introduction to Hair Design, Manicuring Techniques, Chemical Procedures, Hair Coloring Techniques, Skin Care, Fundamentals of Selling and Business Opportunities, Employment Search Skills, Workplace Human Relations and Practicums to include Shampooing, Scalp and Hair Conditioning, Hair Design Shaping, Chemical Hair Control (including chemical relaxer), Hair Coloring, Hair Styling, Facials (including makeup and facial waxes) and Manicures/Pedicures.

The determination of successful completion will be the sole determination of the Cosmetology Instructor based on the fulfillment of classroom assignments and projects, a demonstration of the proficiency in all related skills and completion of a minimum number of hours of on-the-job training or as practical lab experience.

The services provided are for non-personal education services, as defined in the Federal Acquisition Regulations (FAR), Part 37.101, under which the contractor is not an employee, but a contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the professional aspects of services rendered. The contractor is required to indemnify the Government for any liability producing act or omission by the contractor, its employees and agents occurring during contract performance. These services, although not directly supervised, will be under the administrative review of the Supervisor of Education, and the performance of these services will be verified by the designated COR.

METHOD OF PERFORMANCE

20 – 40 percent of the curriculum’s competencies must be hands-on replication of the actual work environment.

Application of hands-on work must be occupational in nature. An institution work project may be utilized to demonstrate or apply hands-on competencies. Electronic or computer-based simulation does not satisfy the hands-on or live work requirement. The Supervisor of Education must approve live work projects. Marketable programs shall afford inmates the opportunity to gain in demand skills in a specific occupation, industry or trade. The marketable program must qualify inmate graduates for at least an entry-level position in Cosmetology. As a precondition of the proposal for the contract, the contractor shall specify in writing to the Supervisor of Education the position(s) of employment for which inmate graduates will be eligible to apply.

SCOPE OF PERFORMANCE

The Supervisor of Education shall determine the minimum and maximum number of enrollments. Instructor(s) placed on site by the contractor are responsible for the maintenance of transcripts, student attendance records, statistics, and certification records. Due to the nature of the correctional setting, the instructor(s) should follow FCI Waseca’s programming schedule, not the schedule of the awarding contractor’s schedule. The contractor will provide a written curriculum which establishes measurable behavioral objectives and procedures. The curriculum must include clear criteria which establish minimum expectations for program completion, provisions for the assessment of student progress, must identify the hands-on competencies, and must require the students to demonstrate them. In addition to core classes needed to obtain a college certificate, an industry-accepted certificate, an Associate in Arts degree (AA) or Associate of Science degree (AS) or an Associate of Applied Science degree (AAS), Certification, the curriculum must also include a course on resume development. This program shall prepare students to pass the Minnesota Board of Cosmetology Exams and receive a Cosmetology license.

15B41520Q00000011 Page 5 of 41

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

SUPPLIES AND EQUIPMENT

Classroom equipment, utilities, boarding space, cleaning supplies, and other related supplies (to include student testing fees incurred while a cosmetology student) will be provided by FCI Waseca. Equipment not provided by the Education Department will be provided by the contractor. The contractor will provide the following: pre-enrollment testing fees (if required) curriculum materials, to include textbooks, at least one licensed cosmetology instructor (maintaining continuing education requirements and license renewals). The institution will also provide access to a telephone, photocopy machine, fax machine, and miscellaneous office supplies and equipment necessary to complete the Program Specifications. Photocopies will be provided for the contractor; however, the instructors will be required to make their own copies as part of their lesson preparations. Furthermore, only those materials which do not violate Federal copyright laws may be reproduced. If special equipment is required by the contractor, a request in writing should be submitted to the Supervisor of Education prior to bringing into the institution.

SCHEDULE

It is estimated the contractor will instruct class an estimated 35 hours of classroom instruction per week. Typically, the contractor will provide services Monday through Friday, between 7:30 am to 3:30 pm, excluding Federal holidays; other days/hours may be implemented if necessary to meet program requirements and these days/hours may be adjusted to meet the needs of the institution. Any breaks in service, including lunch breaks, will be unpaid.

(Specific dates for classes will be determined by the Supervisor of Education and the contractor). The estimated hours for those services are on a requirement basis; therefore, schedule and sessions can change. Estimated annual sessions are approximately 1550 sessions per 12 month period.

Due to the nature of the correctional setting, work sessions may be delayed or cancelled with little notice. The contractor shall receive a minimum of two hours pay for showing up at the work site, unless they are notified by the FCI 24 hours in advance they won’t be able to work that day. The reasons for such cancellation include but are not limited to institution emergencies, inclement weather, or other security reasons. Since it is a correctional setting, the contractor should follow FCI Waseca’s schedule, not the schedule of contractor.

In the event of any instructor’s absence, the contractor shall provide replacement coverage. If the contractor fails to provide coverage, the Government may seek contractual remedy.

INMATE MANAGEMENT

Provision of services under the contract will require frequent, unsupervised contract with inmates. The contractor is to be constantly aware of security issues and maintain a professional relationship with inmates at all times. Any violation of institution rules and regulations are to be brought immediately to the attention of an appointed Government employee in order for prompt, proper action. There will be an open line of communication between the contractor and the BOP Education and Unit Management staff to ensure that students who are enrolled in the program are satisfactorily participating in the program. The contractor will not be responsible for the management of inmates other than to ensure that those inmates involved in activities within the contractor’s scope of services shall abide by all rules in effect to insure their safety and well-being. The instructor may be asked to provide documentation to the COR in regard to any infractions of institution regulations on the part of an inmate. The accountability and supervision of inmates will be the sole responsibility of the BOP staff.

INSTITUTION SECURITY

15B41520Q00000011 Page 6 of 41

(sessions is defined as one hour)

The Contractor shall adhere to all federal, state, and local laws and regulations in effect during the term of this contract. Contract staff shall adhere to all policies and procedures prescribed by the BOP relating to the safety, custody, and conduct of inmates. The contractor must attend an orientation/security program provided by the institution prior to assuring any institutional involvement. The contractor at any time may be removed from the institution at the discretion of the CEO.

NONPERSONAL POSITION

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

The COR will periodically evaluate the contractor’s performance of the contract. In this evaluation, the performance of the individual contractor instructor will be evaluated. If the performance of an individual contract instructor is deemed unacceptable, the contractor will be responsible for immediately replacing that contract instructor.

All contract personnel providing services within the confines of the FCI shall have a complete background investigation conducted in accordance with BOP Policy.

Due to the sensitive nature of the correctional environment, trainers are expected to: 1) be prompt in reporting to work in order to support the inmate accountability policy; 2) adhere to the Privacy Act of 1974 and Freedom of Information Act

All trainers are required to submit a resume which must include a complete work history.

The following investigative procedures will be applied to contractors working under the terms of the proposed contract

• NCIC check (National Crime Information Center)

• HSPD 12

• DOJ-99 (Name Check)

• FD 258 (Fingerprint Check)

• Voucher of employers over the last 5 years

• SF-171 (Personal Qualification Statement)

• OPM-329-A (Authority for Release of Information)

• Urinalysis test for detection of drugs and marijuana usage (Positive test precludes individual employees of the contract from working within the insinuation)

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

Worker’s Compensation & Employees Liability: $100,000. The required workers compensation insurance shall extend to cover employer’s liability for accidental bodily injury or death and for occupational disease with a minimum liability of $100,000.00. Before commencing work under this contract, the Contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained.

The policies evidencing required coverage shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective (1) for such period as the laws of the state in which this contract is to be performed, or (2) under 30 days after insurer or the

15B41520Q00000011 Page 7 of 41

Contractor gives written notice to the Contracting Officer, whichever period is longer.

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 2021 and with an anticipated effective date of award (EDOA) of August 1, 2021.

On or about the EDOA, FCI Waseca will issue a task order to the contractor.

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 and six month extension 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 Period(s): The anticipated effective date of award (EDOA) is August 1, 2021.

Base Year: Effective Date of Award (EDOA) through 12 months from EDOA Option Year 1: 13 months from EDOA through 24 months from EDOA Option Year 2: 14 months from EDOA through 36 months from EDOA Option Year 3: 37 months from EDOA through 48 months from EDOA Option Year 4: 49 months from EDOA through 60 months from EDOA Six month extension: 61 months from EDOA through 66 months from EDOA

Point of Acceptance: The point of acceptance for services is FCI Waseca, MN

Non-Personal Services Information: This service is a contractual arrangement and not a personnel appointment.

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

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

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

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

Contract Administration Office (CAO): The Contracting Office at FCI Waseca is assigned to be the CAO for a resultant contract. This assignment carries with it the authority to perform all normal contract administration functions as listed in FAR 42.302(a), items 1 through 71; to the extent those functions apply to this contract. This assignment also includes delegation of authority to perform functions specified in FAR 42.302(b), items 1 through 11.

Ordering Official: Task orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for FCI Waseca 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

15B41520Q00000011 Page 8 of 41 methods. Task orders will take the form of an OF-347, SF-1449, or purchase card acquisition form.

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:

National Crime Information Center (NCIC) Check;

DOJ-99 - Name Check;

FD-258 - Fingerprint Check;

Law Enforcement Agency Check;

Vouchering of employers over the past five years for each individual instructor or employee;

Resume/Personal Qualifications;

OPM-329-A - Authority for Release of Information;

NACI Check (if applicable).

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

System of Records: In accordance with FAR 52.224-1 PRIVACY ACT NOTIFICATION (APR 1984) The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of1974, Public Law93-579, December 31,1974 (5 U.S.C.552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties.

(End of clause)and 52.224-2 Privacy Act. As prescribed in 24.104 , insert the following clause in solicitations and contracts, when the design, development, or operation of a system of records on individuals is required to accomplish an agency function: PRIVACY ACT (APR 1984)

(a) The Contractor agrees to-

(1) Comply with the Privacy Act of1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when thecontract specifically identifies-

(i) The systems of records; and

(ii) The design, development, or operation work that the contractor is to perform;

(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and

(3) Include this clause, including this paragraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records.

(b) In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency.

(c) (1) “Operation of a system of records,” as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.

(2) “Record,” as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or

15B41520Q00000011 Page 9 of 41 employment history and that contains the person’s name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.

(3) “System of records on individuals,” as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

(End of clause)

Schedule of Insurance: In accordance with FAR 52.228-5 and 28.307-2, (a) Workers’ compensation and employer’s liability. Contractors are required to comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

(b) General liability. (1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence. (2)Property damage liability insurance shall be required only in special circumstances as determined by the agency.

(c) Automobile liability. The contracting officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

(d) Aircraft public and passenger liability. When aircraft are used in connection with performing the contract, the contracting officer shall require aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Vessel liability. When contract performance involves use of vessels, the contracting officer shall require, as determined by the agency, vessel collision liability and protection and indemnity liability insurance.

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

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4, Contract Terms and Conditions – Commercial Items.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (Feb 1998)

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

15B41520Q00000011 Page 10 of 41 http://www.acquistion.gov/far

FAR 52.216-18, Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the first day of the current performance period through the last day of the current performance period.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If, mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

FAR 52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than deliverable as identified in Schedule of Services, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

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

(2) Any order for a combination of items in excess of the estimated quantities in the Schedule of Items within the current performance period; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216- 21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

FAR 52.216-21 Requirements (Oct 1995)

Clause Title 52.232-18 Availability of Funds (Apr 1984)

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

52.232-40 Providing Accelerated Payments to Small Business Subcontractor (Dec 2013)

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

52.224-1 Privacy Act Notification (Apr 1984)

52.224-2 Privacy Act (Apr 1984)

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(a) This is a requirements contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after the last day of the effective performance period.

(End of clause)

52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days.

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

(a) The Government may extend the term of this contract by written notice to the Contractor prior to expiration of the current performance period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

15B41520Q00000011 Page 12 of 41

(End of clause)

FAR 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond September 30 of the base year or any option year exercised. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30 of the base year or any option year exercised, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

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

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

1. Long-Term Contractor Personnel:

In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 contractor employee whose background investigation (BI) process begins on or after October 27, 2005:

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

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

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

• High Risk - Background Investigation (5 year scope)

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

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

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

1) Favorable review of the security questionnaire form;

2) Favorable fingerprint results;

3) Favorable credit report, if required;3

4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level; and

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

A badge may be issued following approval of the above waiver requirements.

If the NAC is not received within five days of OPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau of

15B41520Q00000011 Page 13 of 41

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

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

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

2. Short-Term Contractor Personnel:

1.

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

a. Favorable review of the security questionnaire form;

b. Favorable fingerprint results;

c. Favorable credit report, if required;5 and

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

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

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

3. Intermittent Contractors:

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

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

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

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

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

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

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

15B41520Q00000011 Page 14 of 41

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

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

Notes:

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

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

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

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

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

(End of clause)

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

During a Pandemic or other emergency, we understand that our contractor workforce will experience the same high levels of absenteeism as our Federal employees. Although the Excusable Delays and Termination for Default clauses used in Government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make reasonable effort to keep performance at an acceptable level during emergency periods.