Attachment_II_-_Special_Conditions.docx

ATTACHEMENT II

SPECIAL CONTRACT CONDITIONS

TYPE of CONTRACT: The Government contemplates the single award of a firm-fixed price indefinite delivery/requirements type contract resulting from the solicitation. The estimated date of award resulting from this solicitation will be made approximately October 1, 2019.

PERIOD of PERFORMANCE: The anticipated period of performance of the resulting contract will be as follows:

The resulting contract includes four (4) twelve (12) month option periods for renewal at the unilateral discretion of the Government. Pursuant to FAR 17.2039(b), the Government’s evaluation shall be inclusive of options. Q uoters are advised that the Government has the unilateral right to exercise option periods in accordance with FAR 43.103(b) and 52.217-9, “Option to Extend the Term of the Contract” and 52.217-8, “Option to Extend Services.” Pursuant to FAR 17.203(d), quoters may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

Non-Personal Services Status: Award of this contract will result in a contractual arrangement only and shall not be construed as a personnel appointment with the Bureau of Prison (BOP). The services shall not constitute an employer/employee relationship. Payments to the contractor shall be based on the provision of an end product or the accomplishment of a specific task. Results to be obtained are within the contractor’s own unsupervised determination. The contractor will not be subject to Government supervision but its efforts will be monitored for quality assurance.

The Contractor shall commence full performance of the services under this contract within 30 calendar days from the effective date of award. In accordance with FAR 46.503 and 46.403(a)(6), the place of acceptance for services under this contract is at the destination of the appropriate institution. The contractor shall provide the contract services independent of Government supervision.

CONTRACTING OFFICER RESPONSIBILITY: The CO has the overall and primary responsibility for the administration of this contract. The CO alone, without delegation, is authorized to take actions on behalf of the Government to: modify or deviate from the contract terms, conditions, requirements, specifications, details, and/or delivery schedules, make final decisions involving deductions from contract payments or other consideration due to the Government, for non-performance or unsatisfactory performance, whether or not in dispute, terminate the contract for convenience or default, issue final decisions regarding contract questions or matters under dispute. This responsibility may be delegated to an Administrative Contracting Officer by the CO.

CONTRACT ADMINISTRATION: Authority to negotiate changes in terms, conditions, or amounts cited in this contract is reserved to the Contracting Officer (CO). After contract award, this responsibility may be delegated to an Administrative Contracting Officer(s) by the Contracting Officer. In accordance with FAR 42.202 and 42.302, the Contract Administration Office (CAO) for this contract. This assignment carries with it the authority to perform all normal contract administration functions listed in FAR 42.302(a), items (1) through (70); to the extent those functions apply to this contract. This assignment also includes delegation of authority to perform functions specified in FAR 42.302(b), items (1) through (11).

CONTRACT MONITOR (CM): The CO will designate in writing, if necessary and appropriate, a CM who will be responsible for: a). Monitoring progress, including surveillance and assessment of performance; b). Interpreting the scope of work; c). Performance evaluation as required; d). Performance inspection and acceptance; e). Assisting in resolution of performance problems encountered by the service provider during contract performance; f). Monitoring funds available for obligation; g). Ensuring that invoices and payments are processed in a timely manner; h). Assisting in the resolution of administrative problems experienced by the service provider during the contract performance.

REVIEWS: The CO or other designated representative of the FBOP is authorized to review by on-site, review of records, or by any other reasonable manner, the quality of services rendered under this contract.

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 CO or CM, whichever is appropriate. The FBOP reserves the right to require an independent audit of any invoice or bill.

INSTITUTION SECURITY/INVESTIGATION REQUIREMENTS: The Contractor and/or employees of the contractor entering the institution shall meet certain security requirements to receive an institutional pass as required by FBOP Program Statement 3000.03 dated December 19, 2007. Primary concerns are the amount of contact that may occur between the Contractor and his/her employees with the inmate population during the performance of the contract.

The program manager at the institution is responsible for conducting the appropriate vouchering, law enforcement checks, and ensuring that fingerprinting is completed on all Contractor staff that may need access inside the confines of the secure perimeter. The personnel department will establish a security file that will be maintained on each of the contractor’s employees from the beginning of the contract through its duration. The following investigative procedures are incorporated and will be performed as appropriate:

By submitting a quotation, the contractor and/or its employees agree to complete the required documents and undergo the listed procedures. An individual who does not pass the security clearances will be unable to perform services under the contract. If the resulting contract is to be awarded to an individual, all clearance procedures shall be applied prior to award. Individuals who do not pass the security clearance will not be awarded a contract. The final determination and completion of the security investigation procedures will be made at the sole discretion of the institution. All persons are advised that a urinalysis test for the detection of marijuana and other drug usage shall be performed. Any person(s) testing positive shall be disqualified from performing under the resulting contract. Any individual deemed not suitable by the FBOP requirements will not be granted access to perform services under the contract. This is a condition of the contract. The contractor must be in compliance with Department of Justice regulations at 8 CFR 274a regarding the employment of aliens. A copy of the directive is available upon the Contractor’s request. In addition, the Contractor and/or Contractor employees shall adhere to institution regulations regarding security, safety, and custody of inmates. It will be necessary for employees to receive limited security training/orientation (approximately four hours) and clearance prior to approval for admission to the institution. An annual refresher training (approximately two hours) will also be required, if applicable, for each option year. Reimbursement to the contractor for time spent in institution security orientation will be compensated at a rate commensurate with the current year’s contract rate. Individuals shall adhere to all institution regulations regarding conduct and performance. Individuals will be allowed access to the institution at the sole discretion of the Chief Executive Officer (CEO). Any individual performing under this contract may be removed if it becomes apparent that his/her conduct does not reflect the conduct of that prescribed for those people performing under non-personal service contracts.

The Contractor will inform his/her employees that intoxication beverages, drugs, weapons, etc., will not be allowed on institution property in any vehicle or upon any person. Any person suspected of utilizing intoxication beverages, drugs, weapons, etc., in the performance of this contract will not be allowed on the premises of this institution. Introduction of contraband shall be subject to the penalties by 18 USC 1791.

SCHEDULE OF REQUIRED INSURANCE: As required by FAR Clause 52.228-5, “Insurance-Work on a Government Installation,” the contractor shall, at its own expense, provide and maintain during the entire performance of the resulting contract, at least the kinds and minimum amounts of insurance required as listed below:

Workers Compensation & Employers Liability: $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.

Comprehensive General Liability: $500,000 per accident or occurrence for bodily injury. This insurance shall include contractor’s protective and liability.

Automobile Liability: $200,000 per person, $500,000 per occurrence for bodily injury, and $20,000 per occurrence for property damage.

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 insurance 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 prescribe, or (2) until 30 days after insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

The Contractor shall insert the substance of this clause, including the paragraph, in subcontracts under this contract and shall require subcontractors to provide and maintain insurance required in the schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

CONTRACT CLAUSES: The required fill-in for clause 52.222-42, Statement of Equivalent Wages for Federal Hires is as follows: (This statement is for Information Only: It is not a Wage Determination).