Questions and Answers 07.28.25.pdf

Questions and Answers 15BRRC25R00000019 (Oklahoma County, Oklahoma)

07.28.2025

1. Statement of Work, Pages vii, 6, 25, 27, 32, 35, 39 and 90 - The contractor is required to comply with the "most current" laws, regulations, orders, codes, bulletins, BOP policies and program statements, ACA standards. Please confirm that the contractor has the right to request an equitable adjustment as provided in the 2ndparagraph of the Contract Performance section, on page 2, if there are costs associated with any changes to these requirements after the contract is signed.

Yes, the contractor has the right to request an equitable adjustment. This request will be reviewed at the time of submission.

2. Statement of Work, Page 4 - The contractor is required to notify the CO in writing of all litigation pertaining to this contract and provide pleadings filed of said litigation within five working days of the filing. In most instances, the contractor is not served with litigation within five days of the litigation being filed. Accordingly, we request to revise this sentence to require the contractor to notify the CO within five days of being served such litigation.

The verbiage of the SOW will remain the same. It is the duty of the contractor to notify the BOP as soon as possible after learning of the litagation.

3. Statement of Work, Page 13 - The contractor is subject to potential deductions for failing to replace key personnel within the required timeframes. Please confirm that deductions will be based on the salary and benefits of the vacant position. If deductions will not be based on the salary and benefits of the vacant key personnel position, please explain how deductions will be calculated.

The deduction is based on the Performance Summary Table which is included in the solicitation.

4. Statement of Work, Page 14 - The contractor is required to add staff consistent with the staff/offender ratio if the AMP exceeds the original estimate by 25 percent. Please confirm that the contractor has the right to request an equitable adjustment as provided in the 2nd paragraph of the Contract Performance section, on page 2, if additional staff are required.

Contractors can always request equitable adjustment which will be reviewed at the time of submission.

However, per diem rates are based upon estimated maximum as noted within the solicitation start of the contract.

5. Statement of Work, Page 121 - The contractor is subject to potential deductions for failing to resolve non-compliance issues within a specified timeframe.

a) Please explain how deductions will be calculated.

Please see the Performance Summary Table

b) Please confirm that the contractor will have a minimum of 30 days after notice to resolve non-compliance issues

As noted in the SOW, the contract will be notified of pending deduction(s) if they do not comply within the specified time. Each non-compliance issue will be reviewed individually.

6. Solicitation Document, Section H.1, RRC Change in Key Personnel, Page 21 – The contractor is required to submit evidence that the qualifications of the prospective replacement key personnel are equal to or greater than the personnel vacating the position. Because the vacating key personnel's qualifications may exceed the minimum requirements set forth in the Statement of Work, we request to revise this section to require replacement personnel to meet the qualifications in the Statement of Work.

The qualifications of the incoming staff must meet the qualifications of the Position Description submitted and approved in the Technical Proposal.

7. Solicitation Document, Section I, Contract Clauses, Page 25 - Will the Government remove FAR 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022) consistent with the current Executive Order?

Please monitor SAM.gov for updates to the solicitation.

8. Attachment, 2 2020 Performance Summary Table - This attachment provides that the contractor's failure to adhere to contract requirements may result in amounts being withheld from invoice payments. The withholding amounts range from 0 to 30% of the invoice.

a) Please confirm that the contractor will have a minimum of 30 days after notice to resolve non-compliance issues before any withholding is implemented.

The contractor will have plenty of notice of non-compliance prior to deductions being taken.

b) What is the process for determining the appropriate withholding amount within the respective range for each contract requirement?

Withholding amounts are determined on a case-by-case basis.

c) Please confirm that the amounts withheld are recoverable upon confirmation by the BOP that the issue is corrected or resolved.

Once a deduction is taken, it is not returned.