Questions and Answers 15BRRC26R00000016.pdf
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- Solicitation number
- 15BRRC26R0000016
About this file
This is a Questions and Answers (Q&A) document for a federal contract solicitation for a Residential Reentry Center (RRC) with Home Confinement (HC) placement services in Raleigh, North Carolina, with a 200-mile radius for home confinement placements. The document addresses nine questions from prospective contractors regarding various aspects of the RFP, SOW, and contract requirements.
The Q&A clarifies several key contract requirements and policies. Question 1 addresses minor typographical errors in the solicitation documents that have been corrected. Question 2 confirms that all facility requirements are detailed in the SOW and solicitation, with no specific guidance provided on whether non-current RRC operators may participate through facility acquisition or lease. Question 3 directs prospective bidders to the solicitation documents for information on required services, contract structure, and participation steps. Question 4 establishes that replacement key personnel must meet SOW minimum qualifications with RRM approval, and the contractor must staff all key personnel positions with written notification to the RRM within five working days of any vacancy. Question 5 confirms that DOJ privacy requirements prohibiting work outside government networks cannot be deleted. Question 6 addresses change order cost reimbursement under FAR 52.243-1 Alt I (DEV), requiring contractors to assert adjustment rights within 30 days of written order. Question 7 clarifies that contractors must notify the BOP of litigation as soon as possible after learning of it, rather than within five days of filing. Question 8 specifies that deductions for vacant key personnel positions are based on the Performance Summary Table and that appropriate non-compliance actions are guided by the SOW and solicitation. Question 9 confirms that all pre-occupancy facility requirements in Chapters 3, 4, and 6 of the SOW must be completed prior to contract performance start, regardless of current occupancy status.
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Q&A
Residential Reentry Center (RRC) to include Home Confinement (HC) placements for male and female offenders located within the city limits of Raleigh, North Carolina.
The Home Confinement radius is 200 miles of the facility.
1. Section B. Supplies or Services and Prices/Costs, and B. 1. Services and Prices/Costs.
a. Raliegh, North Carolina" should be "Raleigh, North Carolina.
Section I. Contract Clauses
b. 52.216-18 Ordering (Aug 2020) - ) there is an extra "m" after from
c. 52.216-19 Ordering Limitations (Oct 1995) there is an extra instance of "of."
Section L, L.5 RCC Content of Technical/Management Proposals
d. "cofmplete" should be "complete."
e. "Offical U.S. Government" should be "Official U.S. Government."
Answer: Corrected misspellings and duplicate words.
2. Could you please provide more information regarding the facility requirements, qualifications, and whether a provider that does not currently operate an RRC facility could potentially participate by acquiring or leasing a suitable facility?
Answer: All facility requirements are detailed in the SOW and the solicitation.
3. I would also appreciate any information you can provide regarding the services required, anticipated contract structure, and the steps a new provider would need to take to be considered.
Answer: All the information regarding the requirements, contract structure, and instructions is provided in the solicitation documents.
4. The RFP states, "The Contractor shall submit evidence that the qualifications of the prospective replacement personnel are equal to or greater than the personnel vacating the positions." Because the vacating key personnel's qualifications may exceed the minimum requirements set forth in the Statement of Work, we respectfully request to revise this Section to require replacement personnel to meet the qualifications set forth in the Statement of Work.
Answer: Revised H.1 RRC Key Personnel in accordance with the SOW.
The RRM must approve any staff member prior to employment in a key personnel position. The contractor will staff all key personnel positions throughout the performance of the contract. The contractor will notify the RRM in writing if any personnel vacate a position and indicate when a replacement will be selected. The notification will occur within five working days after the vacancy occurs.
5. Solicitation Document, Section I, DOJ-02, Contractor Privacy Requirements (JAN 2022), A. Limiting Access to Privacy Act and Other Sensitive Information, (2) Prohibition on Performing Work Outside a Government Facility/Network/Equipment.
This Section prohibits performing work outside of Government networks or using Government-furnished IT and other equipment. We respectfully request that this subsection (2) be deleted as Contractor currently operates its own IT environment on which Government data resides and would continue such operation during the course of its performance under the prospective contract. Additionally, Contractor understands that the BOP does not maintain a Government network at the RRCs.
Answer: This subsection is required and cannot be deleted.
6. Statement of Work, Introduction, 6. Contract Performance, page 18 of 173.
The first paragraph of this Section states that Contractor "will comply with and implement any applicable changes to BOP policy, Department of Justice (DOJ) regulations, Congressional mandate, federal law or Presidential Executive Orders," but it does not state if Contractor can seek reimbursement for costs associated with those changes.
FAR 52.243-1 Alt I (DEV) is included among the applicable FAR clauses in the Solicitation Document, Section I. Contract Clauses, page 30 of 73. This clause allows the Contracting Officer to unilaterally direct certain changes within the general scope of a fixed-price contract. If those changes increase or decrease the Contractor's costs or performance time, the Contractor may seek an equitable adjustment to the contract price, schedule, or both.
However, this FAR clause appears to only apply to the second paragraph of this Section, which contemplates negotiated changes to the Statement of Work or contract. Please confirm that the Contractor will also be able to seek reimbursement for changes to the standards listed in the first paragraph of this Section.
Answer: Per Solicitation Clause FAR.243-1 Alt I (DEV), “The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order.”
7. Statement of Work, Introduction, 7. Scope of Work, page 19 of 173. Within paragraph 6, it is indicated that the Contractor is required to notify the Contracting Officer in writing of all litigation pertaining to this contract and provide copies of said litigation or any pleadings filed 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 Contracting Officer within five days of being served notice of such litigation.
Answer: The verbiage of the SOW will remain the same. It is the responsibility of the contractor to notify the BOP as soon as possible after learning of the litigation.
8. Statement of Work, Chapter 2 - Personnel, 2. Staff Coverage, C. Key Personnel, 3), page 29 of 173. The fifth paragraph references "negative contracting action, including but not limited to, deficiencies or deductions" for key personnel positions that are not timely filled and "failure to maintain negotiated staffing patterns may result in adverse action." We have the following questions for clarification:
a. Would any deduction for vacant key personnel positions be based on the salary and benefits of the vacant position? If not, how would the amount of such deductions be determined? Will it be pursuant to the Performance Summary Table, attachment No. 5?
Answer: The deduction is based on the Performance Summary Table included with the solicitation.
b. Will the BOP please elaborate on what other "negative contract action" or
"adverse action" is contemplated under this RFP?
Answer: Appropriate actions for non-compliance can vary and are guided by the SOW, and the solicitation.
9. Statement of Work. The following sections include language regarding pre-occupancy requirements:
• Chapter 3 - Facility, 4. Plant Requirements, A. Air Circulation, and B. Lighting, pages 43 & 44 of 173.
• Chapter 4 - Life Safety, Introduction, page 48 of 173.
• Chapter 6 - Electrical Safety, Introduction, page 55 of 173.
Contractor's proposed facility is currently occupied pursuant to the current contract. Will the BOP please clarify whether these pre-occupancy requirements apply to an already occupied facility, or whether the identified requirements must be completed regardless of the facility's current occupancy status?
Answer: The identified requirements must be completed, if a contractor is awarded the contract, prior to the start of performance.
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