15M40018RA3500001_Amendment_0001_-_Final.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER

3. EFFECTIVE DATE

02/02/2018

4. REQUISITION/PURCHASE REQUISITION NUMBER

M-18-D53-R-000001

5. PROJECT NUMBER (If applicable)

15M400CODE

Prisoner Operations Division POD, CG-3 3rd Floor USMS Landover Operations Center 3601 Pennsy Drive Landover, MD 20785

Carrie Cross

(O) 703-740-8436 carrie.cross@usdoj.gov

6. ISSUED BY CODE7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NUMBER

15M40018RA3500001

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

01/10/2018

10A. MODIFICATION OF CONTRACT/ORDER

NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning __1__copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

ORDER NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

This amendment is being issued to provide or clarify the following information contained in this solicitation:

1. The closing date is hereby extended to no later than 4:00 P.M., Monday, February 26, 2018 EST. Proposals received after this date and time will be deemed late and not considered for award.

2. Written responses to the Questions received from prospective offerors are hereby incorporated. This data should be used in preparing proposals.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) Carrie Cross

Contracting Officer

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

15M40018RA3500001/0001 Page 1 of 12

Table of Contents

Section Description Page Number

A Solicitation/Contract Form B Supplies or Services and Prices/Costs

B.4 Pricing Schedule C Description/Specifications/Statement of Work

C.2 Introduction C.5 Government Quality Surveillance Plan

D Packaging and Marking E Inspection and Acceptance

E.6 Facility Review (Yearly) F Deliveries and Performance G Contract Administration Data H Special Contract Requirements I Contract Clauses J List of Attachments K Representations, Certifications and Other Statements of Offerors L Instructions, Conditions and Notices to Offerors M Evaluation Factors for Award

15M40018RA3500001/0001 Page 2 of 12

Section B - Supplies or Services and Prices/Costs

The contractor shall provide all management, supervision, manpower, materials, supplies, and equipment for the management and operation of a Contractor-Owned/Contractor-Operated detention facility located in the District of Eastern New York.

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Housing Detention Services

Line Period of Performance: 07/01/2018 - 06/30/2019

Base Period

Previous :

0.000000

Change: 0.000000

Current : 0.000000

0002 Off-Site Guard Services

Line Period of Performance: 07/01/2018 - 06/30/2019

Base Period

Previous :

0.000000

Change: 0.000000

Current : 0.000000

1001 Housing Detention Services

Line Period of Performance: 07/01/2019 - 06/30/2020

Base Period

Previous :

0.000000

Change: 0.000000

Current : 0.000000

1002 Off-Site Guard Services

Line Period of Performance: 07/01/2019 - 06/30/2020

Base Period

Previous :

0.000000

Change: 0.000000

Current : 0.000000

2001 Housing Detention Services

Line Period of Performance: 07/01/2020 - 06/30/2021

Option Period

Previous :

0.000000

Change: 0.000000

Current : 0.000000

2002 Off-Site Guard Services

Line Period of Performance: 07/01/2020 - 06/30/2021

Option Period

Previous :

0.000000

Change: 0.000000

Current : 0.000000

3001 Housing Detention Services

Line Period of Performance: 07/01/2021 - 06/30/2022

Option Period

Previous :

0.000000

Change: 0.000000

Current : 0.000000

15M40018RA3500001/0001 Page 3 of 12

3002 Off-Site Guard Services

Line Period of Performance: 07/01/2021 - 06/30/2022

Option Period

Previous :

0.000000

Change: 0.000000

Current : 0.000000

4001 Housing Detention Services

Line Period of Performance: 07/01/2022 - 06/30/2023

Option Period

Previous :

0.000000

Change: 0.000000

Current : 0.000000

4002 Off-Site Guard Services

Line Period of Performance: 07/01/2022 - 06/30/2023

Option Period

Previous :

0.000000

Change: 0.000000

Current : 0.000000

5001 Housing Detention Services

Line Period of Performance: 07/01/2023 - 06/30/2024

Option Period

Previous :

0.000000

Change: 0.000000

Current : 0.000000

5002 Off-Site Guard Services

Line Period of Performance: 07/01/2023 - 06/30/2024

Option Period

Previous :

0.000000

Change: 0.000000

Current : 0.000000

6001 Housing Detention Services

Line Period of Performance: 07/01/2024 - 06/30/2025

Option Period

Previous :

0.000000

Change: 0.000000

Current : 0.000000

6002 Off-Site Guard Services

Line Period of Performance: 07/01/2024 - 06/30/2025

Option Period

Previous :

0.000000

Change: 0.000000

Current : 0.000000

7001 Housing Detention Services

Line Period of Performance: 07/01/2025 - 06/30/2026

Option Period

Previous :

0.000000

Change: 0.000000

Current : 0.000000

7002 Off-Site Guard Services

Line Period of Performance: 07/01/2025 - 06/30/2026

Previous :

0.000000

15M40018RA3500001/0001 Page 4 of 12

Option Period Change: 0.000000

Current : 0.000000

8001 Housing Detention Services

Line Period of Performance: 07/01/2026 - 06/30/2027

Option Period

Previous :

0.000000

Change: 0.000000

Current : 0.000000

8002 Off-Site Guard Services

Line Period of Performance: 07/01/2026 - 06/30/2027

Option Period

Previous :

0.000000

Change: 0.000000

Current : 0.000000

9001 Housing Detention Services

Line Period of Performance: 07/01/2027 - 06/30/2028

Option Period

Previous :

0.000000

Change: 0.000000

Current : 0.000000

9002 Off-Site Guard Services

Line Period of Performance: 07/01/2027 - 06/30/2028

Option Period

Previous :

0.000000

Change: 0.000000

Current : 0.000000

INDIVIDUAL CLIN PRICING ABOVE WILL BE COMPLETED AT TIME OF AWARD

Clauses By Full Text

B.4 Pricing Schedule

For purposes of price evaluation and according to the above instructions, the offeror must enter the proposed prices on the Pricing Schedules as provided below:

1. Contract Line Item No. 0001 - Detainee Housing

24-Month Base Period

a. Fixed Price Monthly Operating Price: The offeror shall submit a fixed price Monthly Operating Price (MOP) for all services specified herein for an average daily population of 150 detainees.

b. Fixed Incremental Unit Price: Offeror must submit a Fixed Incremental Unit Price (FIUP) which will apply for all detainees housed between 151 and 250.

Each 24-Month Option Period

c. Fixed Price Monthly Operating Price: The offeror shall submit a fixed price MOP for all services specified herein for an average daily population of 150 detainees.

d. Fixed Incremental Unit Price (FIUP): Offeror must submit a FIUP which will apply for all detainees housed between 151 and 250.

15M40018RA3500001/0001 Page 5 of 12

Contract Line Item No. 0001 - Fixed Monthly Operating Price and Fixed Incremental Unit Price

Performance Period Fixed Monthly Operating Price ADP of 150

Fixed Incremental Unit Price Detainee Day

151-250 Base Period (24 Months) Option Period #1 (24 Months) Option Period #2 (24 Months) Option Period #3 (24 Months) Option Period #4 (24 Months)

The Government is exploring alternative pricing options and requests offerors to provide pricing for the alternatives provided below, additional pricing alternative may also be proposed using this format:

2. ALTERNATIVE #1 - Contract Line Item No. 0001 - Detainee Housing

24-Month Base Period

a. Fixed Price Monthly Operating Price: The offeror shall submit a fixed price Monthly Operating Price (MOP) for all services specified herein for an average daily population of 125 detainees.

b. Fixed Incremental Unit Price: Offeror must submit a Fixed Incremental Unit Price (FIUP) which will apply for all detainees housed between 126 and 250.

Each 24-Month Option Period

c. Fixed Price Monthly Operating Price: The offeror shall submit a fixed price MOP for all services specified herein for an average daily population of 125 detainees.

d. Fixed Incremental Unit Price (FIUP): Offeror must submit a FIUP which will apply for all detainees housed between 126 and 250.

ALTERNATIVE #1 - Contract Line Item No. 0001 - Fixed Monthly Operating Price and Fixed Incremental Unit Price

ALTERNATIVE #1

Performance Period

Fixed Monthly Operating Price ADP of 125

Fixed Incremental Unit Price Detainee Day

126-250 Base Period (24 Months) Option Period #1 (24 Months) Option Period #2 (24 Months) Option Period #3 (24 Months) Option Period #4 (24 Months)

3. ALTERNATIVE #2 - Contract Line Item No. 0001 - Detainee Housing

24-Month Base Period

a. Fixed Price Monthly Operating Price: The offeror shall submit a fixed price Monthly Operating Price (MOP) for all services specified herein for an average daily population of 175 detainees.

b. Fixed Incremental Unit Price: Offeror must submit a Fixed Incremental Unit Price (FIUP) which will apply for all detainees housed between 176 and 250.

Each 24-Month Option Period

c. Fixed Price Monthly Operating Price: The offeror shall submit a fixed price MOP for all services specified herein for an average daily population of 175 detainees.

d. Fixed Incremental Unit Price (FIUP): Offeror must submit a FIUP which will apply for all detainees housed between 176 and 250.

ALTERNATIVE #2 - Contract Line Item No. 0001 - Fixed Monthly Operating Price and Fixed Incremental Unit Price

ALTERNATIVE #2

Performance Period

Fixed Monthly Operating Price ADP of 175

Fixed Incremental Unit Price Detainee Day

176-250 Base Period (24 Months) Option Period #1 (24 Months)

15M40018RA3500001/0001 Page 6 of 12

Option Period #2 (24 Months) Option Period #3 (24 Months) Option Period #4 (24 Months)

4. ALTERNATIVE #3 - Contract Line Item No. 0001 - Detainee Housing

24-Month Base Period

a. Fixed Incremental Unit Price: The offeror shall submit a Fixed Incremental Unit Price (FIUP) which will apply for all detainees housed for all services specified herein for an average daily population of 150 detainees.

b. Fixed Incremental Unit Price: Offeror must submit a Fixed Incremental Unit Price (FIUP) which will apply for all detainees housed between 151 and 250.

Each 24-Month Option Period

c. Fixed Incremental Unit Price: The offeror shall submit a Fixed Incremental Unit Price (FIUP) which will apply for all detainees housed for all services specified herein for an average daily population of 150 detainees.

d. Fixed Incremental Unit Price (FIUP): Offeror must submit a FIUP which will apply for all detainees housed between 151 and 250.

ALTERNATIVE #3 - Contract Line Item No. 0001 - Fixed Incremental Unit Price

ALTERNATIVE #3

Performance Period

Fixed Incremental Unit Price Detainee Day

0-150

Fixed Incremental Unit Price Detainee Day

151-250 Base Period (24 Months) Option Period #1 (24 Months) Option Period #2 (24 Months) Option Period #3 (24 Months) Option Period #4 (24 Months)

Contract Line Item No. 0002 - Detainee Transportation and Remote Detention Officer Services Offeror shall provide pricing in accordance with Section J - Attachment #2, Pricing Instructions for Transportation, Escort, and Re-mote Detention Officer Service Requirement for the Eastern District of New York.

Performance Period Estimated Hours Hourly Rate Base Period (24 Months) 16,000 Option Period #1 (24 Months) 16,000 Option Period #2 (24 Months) 16,000 Option Period #3 (24 Months) 16,000 Option Period #4 (24 Months) 16,000

*Note: The estimated hours provided are for evaluation purposes only and do not represent any guarantee on the Govern-ment's part to order the quantities listed. Quantities will vary according to the requirements of the U.S. Marshals Service.

Section C - Description/Specifications/Statement of Work

Clauses By Full Text

C.2 Introduction

This Performance Work Statement (PWS) sets forth the contract performance requirements for the management and operation of a Contractor-owned/Contractor-operated detention facility operated on a 24 hour per day, seven day per week, 365 day per year basis for federal detainees. The population will be individuals charged with federal offenses and detained while awaiting trial or sentencing or hearings. The USMS will award a contract that allows the components of the Federal government, including the USMS, Bureau of Prisons (BOP), as well as the U.S. Immigration and Customs Enforcement (ICE) of the Department of Homeland Security (DHS), to house detainees at the facility.

15M40018RA3500001/0001 Page 7 of 12

In order to use the facility, ICE and the BOP must receive prior written approval from the Contracting Officer. ICE and the BOP shall issue the delivery orders against the contract with copies provided to the USMS COR and USMS Contracting Officer (CO) after re-ceiving USMS COR approval. Once the approval is received the contractor shall provide housing space for ICE and BOP's detainees.

The contractor shall bill ICE and the BOP directly with copies to the USMS COR and CO. ICE and the BOP shall be responsible for payment of all invoices directly to the contractor. With 14 days notice, the USMS may require ICE or the BOP to relocate their detain-ees to other facilities.

It is the policy of the United States Marshal Service (USMS) to ensure the secure custody, care, and safekeeping of USMS detainees.

Accordingly, all housing or work assignments, and recreation or other activities for USMS detainees are permitted only within secure areas of the building or within the secure external recreation/exercise areas.

The Facility shall have the capability to accommodate at least 200 - 250 prisoners at a single site. The facility shall be located within United States Marshals Service, Eastern District of New York. The facility's detainee housing units, cells, and recreation areas shall be compliant with ACA-ALDF standards. The facility shall also be located within appropriate proximity and access to emergency ser-vices (medical, fire protection, law enforcement, etc.).

The facility shall have 5 sound proof video conferencing stations to facilitate confidential communication with the Federal Courts, U.S. Probation Office, and the Federal Public Defenders Office.

Within 90 days of contract award, contract performance shall begin upon written issuance of the Notice to Proceed (NTP) signed by the CO. Upon receipt of the NTP, the contractor shall immediately begin accepting detainees. The Contractor's ability to perform in accordance with the terms of the contract will be assessed prior to issuance of the Notice to Proceed (NTP). (See Section F.2)

The initial acceptance of detainees into the facility shall be in accordance with an agreed upon plan to incrementally phase-in the de-tainee population. Approval for each initial increment of detainees to be admitted into the facility shall be obtained from the Contract Officer.

Unless otherwise specified, all plans, policies and procedures, including those identified in the ACA ALDF Standards and the Federal Performance-Based Detention Standards (FPBDS) located at https://www.usmarshals.gov/prisoner/detention-standards.htm shall be developed by the Contractor and submitted in writing to the CO for review and concurrence prior to issuance of the NTP. Once con-currence has been granted, these plans, policies and procedures shall not be modified without the prior written acknowledgment of the COR. Whether required by this PWS, elsewhere in this contract, or within the Contractor's proposal, the Contractor shall adhere to all plans requested and incorporated in the resulting contract. The Contractor does not have a right of refusal and shall take all referrals from the USMS. The Contractor shall furnish all personnel, management, equipment, supplies and services necessary for performance of all aspects of the contract. Unless explicitly stated otherwise, the Contractor is responsible for all the costs associated with and in-curred as part of providing the services outlined in this contract.

C.5 Government Quality Surveillance Plan

The Government quality surveillance plan is comprised of the various functions, including inspection performed by the Government to determine whether a Contractor has fulfilled its contract obligations pertaining to quality. The Government's Quality Surveillance Plan is not a substitute for quality control by the Contractor.

Each phase of the services rendered under this contract is subject to Government inspection both during the Contractor's operations and after completion of the tasks. When the Contractor is advised of any unsatisfactory condition(s), the Contractor shall submit a written report to the COR addressing corrective/preventive actions taken. The COR must check the Contractor's performance and doc-ument any non-compliance, but only the CO may take formal action against the Contractor for unsatisfactory performance. The COR will be designated subsequent to contract award and a delegation of COR duties and authority will be furnished to the Contractor. The Government may reduce the Contractor's invoice or otherwise withhold payment for any individual item of nonconforming service ob-served as specified in Section E-5 "Contractor's Failure to Perform Required Services."; The Government may apply various inspec-tion and extrapolation techniques to determine the quality of service and the total payment due.

The government anticipates a nominal number of staff will be on-site to monitor contract performance and manage other government interests associated with operation of the facility. The Contractor shall provide an on-site enclosed office space for USMS' staff. All office and multiple use space shall be complete with appropriate electrical, communication, and phone connections.

Government space shall be climate controlled and located consistent with the administrative office space for the Contractor's staff.

Government-occupied space shall be separate from, but accessible to, Prisoners/Detainee housing units and the centralized visiting area. The Contractor shall be responsible for all maintenance, security and costs associated with space designated for Government staff.

The Contractor shall provide no less than five (5) parking spaces for DOJ staff use.

Section D - Packaging and Marking

15M40018RA3500001/0001 Page 8 of 12

No Clauses

Section E - Inspection and Acceptance

Clauses By Full Text

E.6 Facility Review (Yearly)

The facility will be reviewed at least once every twelve months in accordance with the terms of the contract. Reviews will be done on more frequent bases if specified in the contract, or if facility performances are found to be substandard.

(a) Review Process - A facility review will consist of five phases: pre-review preparation, on-site review, report production, review of conclusions, and follow-up review. If the facility has programs that receive a "Deficient" or "At-Risk" performance rating, the facility will undergo a follow-up review phase. An overall rating below Satisfactory shall result in a reduction to the contractor's invoice for all costs associated with the performance of a follow-up review. If all of the facility's reviewed programs are judged to be Satisfactory or better, the facility review will be closed after the facility has completed any specified corrective actions and action plans.

(b) Discovery of Deficiencies - The review team will investigate and report on any significant and relevant problems or areas needing improvement. Review team members will also examine the status and results of corrective actions implemented by the facility after re-cent reviews to determine whether the deficiencies have been remedied. A deficiency is defined as a facility or facility administration problem or weakness noted by the review team that needs to be corrected. In its broadest sense, a deficiency includes any condition needing improvement, but the term deficiency also can be used to describe:

- Deviations from policy or regulation

- Weaknesses in internal controls

- Lack of quality controls

- Failure to observe accepted standards of practice for a particular profession

- Lack of operating efficiency

- Failure to meet program objectives

- Nonconformance with Federal Performance-Based Detention Standards

(1) For each deficiency in a program area discovered during the on-site review, the Review Team Coordinator will determine whether the deficiency is indicative of a significant finding (i.e., a glaring deficiency or pattern of deficiencies substantial enough to conclude that corrective action is required). In evaluating the seriousness, or materiality, of each deficiency, the Review Team Coordinator will consider the risk presented by the deficiency to the facility's ability to effectively conform to the Performance-Based Detention Stand-ards.

(2) If the Review Team Coordinator concludes that the deficiency is material enough to warrant a significant finding, the review team will collect and organize evidence of the deficiency in a manner that supports the significant finding and will investigate its causes and effects for inclusion in the facility review report. Each significant finding presented in the report will describe the deficient condi-tion(s), provide one or more examples, explain why it is deficient, detail its existing and potential effects, suggest its probable cause, and identify required (binding) and recommended (non-binding) corrective action(s) to rectify the deficiency.

(3) Deficiencies deemed by the Review Team Coordinator to be insufficiently material to justify presentation, as one or more signific-ant findings will be disclosed in a separate section of the facility review report. This separate section will include non-binding recom-mendations for corrective action that the contractor will be encouraged to implement. A contractor's failure to implement a non-binding recommendation will not, by itself, cause the facility to receive a lower performance rating during its next facility review.

However, if the facility exhibits worsening performance partly as a result of not implementing the recommended corrective action, it could earn a lower performance rating during the next review.

(c) Life-Threatening Conditions and Public Safety Concerns - Review team members will alert the Review Team Coordinator to any facility conditions that might pose a threat to detainee's lives or compromise facility security to a degree that the lives of facility staff or the public are endangered. The Review Team Coordinator, in turn, will investigate the condition further with review team members. If the Review Team Coordinator confirms the conditions severity, he or she will discuss it with the contractor as soon as possible, and will encourage the contractor to correct the condition before the on-site inspection is completed.

(d) Fraud, Abuse, and Illegal Acts - The review team will inform the Review Team Coordinator if it discovers any evidence of fraud, abuse, or illegal acts. The Review Team Coordinator will inform the contractor of these discoveries and will include descrip-

15M40018RA3500001/0001 Page 9 of 12 tions of the offending activities in a special and prominent section of the facility review report.

(e) Hindered Reviews - Facility programs that cannot be adequately reviewed due to a lack of cooperation from facility staff, the staffs failure to adequately prepare for the on-site inspection, or by interference with the review itself will receive an At-Risk perform-ance rating for each program that was inadequately evaluated. In these cases, the review team will attempt to evaluate all programs to the extent possible despite the hindrances. The review team will complete a review report that includes descriptions of the manner in which the review team was prohibited from completing proper program evaluation.

(f) Cancellation of Reviews - Due to unforeseen circumstances scheduled and confirmed facility reviews that cannot be conducted due to circumstances beyond the control of the facility staff or the review team (e.g., inclement weather that precludes review team travel, a staff medical emergency, etc.) will be rescheduled for the earliest possible date. The Review Team Coordinator will inform the contractor of the dates for the rescheduled review within 10 days of the original reviews postponement. A contractor can request a facility review postponement by formally submitting this request to the Review Team Coordinator, along with an explanation of the circumstances justifying the cancellation. Facility review postponements and rescheduling will rarely occur. Each occurrence will be documented in the review file of the corresponding facility; this file will include a signed formal letter explaining why the postpone-ment was needed.

(g) Performance Ratings - During a facility review, performance ratings will be assigned to the facility for each of the nine programs identified by the Performance-Based Detention Standards. The review team will use the following individual program performance ratings to assign an overall performance rating to the facility:

Exceptional: Performance meets contractual requirements and exceeds many to the Government's benefit. The element being as-sessed was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective.

Very Good: Performance meets contractual requirements and exceeds some to the Government's benefit. The element being assessed was accomplished with some minor problems for which corrective actions taken by the contractor were effective.

Satisfactory: Performance meets contractual requirements. The element being assessed contains some minor problems for which cor-rective actions taken by the contractor appear or were satisfactory.

Marginal: Performance does not meet some contractual requirements. The element being assessed reflects a serious problem for which the contractor has not yet identified corrective corrective actions.

Unsatisfactory: Performance does not meet most contractrual requirements and recovery is not likely in a timely manner. The ele-ment being assessed contains a serious problem(s) for which the contractor's corrective actions appear or were ineffective.

(h) Review Conclusions:

Review of Initial Review Report -The Review Board will examine the initial facility review report and the recommendations pro-duced by the review team, and will furnish the Review Team Coordinator with any changes within 10 calendar days after receiving the report. Review team members will be consulted to clarify any ratings that appear inconsistent with the report narrative.

(2) Transmittal of Report to Contractor -The Review Team Coordinator will make the stipulated report changes within 10 days after receiving comments from the Review Board, and will transmit the updated report to the Review Board, Contracting Officer and contractor. If no corrective actions are required, the contractor will contact the Review Team Coordinator within 30 days to acknow-ledge receipt of the report, and at this time may comment on the contents of the report or the overall rating received. If corrective ac-tions are required, the contractor will declare either agreement or disagreement with the binding recommendations in the report. If the contractor is in agreement with the findings, he/she will report back to the Review Team Coordinator on the steps taken to comply with the binding recommendations within 30 days of receiving the facility review report. For each action that the contractor does not expect to complete within 30 days, a written action plan identifying target dates for completing each major step will be developed and included in the report. The Review Team Coordinator will review the contractor administrator's response to ensure that it is complete and that all required corrective actions have been taken, or that an action plan has been developed to remedy significant findings with-in 90 days of the facility review reports issue. The facility Review Team Coordinator will forward all appropriate facility review docu-mentation to the Contracting Officer, as necessary.

(3) Appeals of Review Findings - If the contractor disagree with any findings, binding recommendation, or performance rating, he or she will submit a formal written appeal to the Review Board within 30 days of receiving the facility review report. In this appeal, the contractor will explain why a rating or finding is unjustified, or why a required action cannot or will not be taken. In the latter case, the contractor will suggest alternative methods of correcting the deficiency or of improving the program. The Review Board will evaluate the appeal and, if necessary, will discuss its merits with the review team. Within 30 days of receiving the appeal, the Review Board will decide whether to accept or deny the appeal and will send formal written notification of this decision through the Contracting Of-ficer to the contractor and review team. If an appeal is accepted, the Review Team Coordinator will amend the facility review report to reflect approved changes. After decisions have been reached on any appeals, the Review Team Coordinator will distribute copies of the final version of the facility review report to all involved parties. The contractor will implement corrective actions and develop ac-tion plans for corrections that cannot be completed within 30 days. Corrective actions described by action plans will be completed

15M40018RA3500001/0001 Page 10 of 12 within 90 days of the facility review reports issue.

(i) Follow-up Review

(1) Communication of Corrective Actions Needed -For each action that cannot be completed within 30 days, the contractor will de-velop a written action plan identifying target dates for completing each major step. All actions will be completed no more than 90 days after the issue of the final review report. The contractor will send the action plans to the Review Team Coordinator and Contracting Officer within 30 days of the final facility review reports issue. The Review Team Coordinator will review the action plans and will determine whether they will adequately address the underlying deficiencies.

(2) Review of Completed Corrective Actions -The contractor will implement all corrective actions specified in the final team report and will formally document the actions taken, sign this document, and submit it to the Review Team Coordinator or other designated monitor. After receiving documentation of completed corrective actions and action plans from the contractor, the review team will de-termine whether to conduct one or more follow-up reviews to verify firsthand that the deficiencies have been remedied. Follow-up in-spections will be conducted within 30 days of receipt of documentation from the contractor. This inspection will focus only on the program(s) affected by the corrective actions. The Review Team Coordinator will verify that the documentation provided by the con-tractor is accurate and that the corrective actions taken do not reduce facility performance in other areas below a Satisfactory level.

The Review Team Coordinator will hold a closeout meeting with the contractor at the end of the follow-up inspection to discuss its preliminary conclusions.

(3) Follow-Up Review Report - No later than 14 days after the end of the follow-up inspection, the Review Team Coordinator or monitor will prepare a formal written report presenting the results of the follow-up review, and will submit this report to the contractor and Review Board. If no on-site review is done, the report will be completed within 30 days of receipt of documentation from the con-tractor. This report will indicate whether the corrective actions sufficiently improve the affected facility programs to a Satisfactory performance level or better. If the Review Team Coordinator or monitor deems that facility changes are adequate, the follow-up re-view and facility review will be closed, and the Contracting Officer and the contractor will be notified of the closure. None of the per-formance ratings for facility programs will be altered as a result of the follow-up review, no matter how well the facility addresses its deficiencies, and the next facility program reviews will be scheduled according to the procedures described previously.

(4) Appeals of Follow-Up Conclusions -If the Review Team Coordinator or monitor concludes that the corrective actions taken by the facility are inadequate to bring the reviewed facility programs to a Satisfactory performance level or better, the contractor will be given 10 days to appeal this conclusion. To lodge an appeal, the contractor will formally submit a written letter detailing any flaws in the follow-up analysis and explaining why the facility's improvements meet the corrective actions prescribed. The Review Board will weigh the appeal and issue a decision no later than 10 days after receiving it. The follow-up review report will be amended to reflect the Review Boards decision, if the Review Board agrees with the contractor's argument. The follow-up review and facility review will be closed and the Contracting Officer and the contractor will be notified of the closure. The next facility program reviews that will be scheduled.

(5) Filing and Retention of Review Report -When a facility review is closed, all reports completed as part of the facility review in-cluding completed and closed follow-up review reports will be included in the facility review file. An inventory of reports other back-ground information regarding the facility's performance that were collected from other agencies during the pre-inspection preparation phase will also be kept. The government will retain these support documents and all working documents generated during a facility re-view in accordance with requirements in the FAR. Only one review files and set of support documents will be retained for each facil-ity. After the retention period has elapsed, the government will archive the working documents in accordance with government regula-tions.

Section F - Deliveries and Performance

No Clauses

Section G - Contract Administration Data

No Clauses

Section H - Special Contract Requirements

15M40018RA3500001/0001 Page 11 of 12

Section I - Contract Clauses

Section J - List of Attachments

No Clauses

No Attachments

Section K - Representations, Certifications and Other Statements of Offerors

No Clauses

Section L - Instructions, Conditions and Notices to Offerors

No Clauses

Section M - Evaluation Factors for Award

15M40018RA3500001/0001 Page 12 of 12

Response to Questions Received for Solicitation 15M40018RA3500001

Eastern District of New York

1. The RFP states “The Government is exploring alternative pricing options and requests offerors to provide pricing for the alternatives provided below,….”

Question: Are offerors required to submit responses for all alternative pricing options contained in the

RFP?

SECTION B.4, Pricing Schedule PAGE 9 of 82, PARAGRAPH NUMBER(S) 2

Governments Response: Yes, since the Government is exploring various pricing options a response to each pricing methodology is requested for comparison in making a fair and reasonable price determination and determining the overall best value to the Government. Since the Contractor is the industry expert, additional methodologies may be proposed if the Contractor can present a more cost effective way.

2. Alternative #3 seems to have no guarantee. The RFP includes “Fixed Monthly Operating Price” in the title above the chart for Alternative #3, but requests a “Fixed Incremental Unit Price” in the instructions found in items 4.a and 4.c.

Question: Please confirm the Government expects to receive an FIUP at the two population levels under

Alternative 3, and that the reference to an FOMP above the Alternative 3 chart is in error.

SECTION B.4, Pricing Schedule PAGE 10 of 82, PARAGRAPH NUMBER(S) 4.a – 4.d and

Alternative 3 chart

Governments Response: The Government confirms the reference in the title is incorrect. The Government expects to receive a FIUP at the two population levels under Alternative 3, and the reference to an FOMP above the chart is in error. Clause B.4 has been changed to correct this error.

3. The RFP states “The Facility shall have the capability to accommodate at least 250 prisoners at a single site.”

Question: Will the USMS accept offers of facilities with accommodation capacities lower than 250? For example, if an existing facility currently provides 222 beds, inclusive of restricted housing beds and compliant with the required standards, would the government accept the facility at the existing capacity?

SECTION C.2, Introduction PAGE 14 of 82, PARAGRAPH NUMBER(S) 2

Governments Response: The Government will accept proposals from offerors who have facilities capable of housing 200 to 250 prisoners at one site. Clause C.2 has been changed.

4. C.5 refers to Section E‐3 “Contractor’s Failure to Perform Required Services.”

Question: Will the USMS please confirm the reference should be to Section E‐5 “Contractor’s Failure to

Perform Required Services”?

SECTION C.5, Government Quality Surveillance Plan PAGE 16 of 82, PARAGRAPH NUMBER(S) 2

Governments Response: The Government confirms the reference C.5 Section E‐3 “Contractor’s Failure to Perform Required Services.” should be to Section E‐5 “Contractor’s Failure to Perform Required Services”. Clause C.5 has been changed.

5. The RFP lists the Administrator, Religious Services as Essential Personnel. The Contractor’s current facility currently utilizes a part‐time Chaplain to provide religious support services.

Question: Will the USMS permit the continued utilization of a part‐time Chaplain under the new contract?

SECTION C.8.A.9.4, Essential Personnel PAGE 20 of 82, PARAGRAPH NUMBER(S) 1

Governments Response: No

6. The RFP lists the Quality Control Manager and Safety/Environmental Specialist as two separate

Essential Personnel positions. The Contractor’s current facility currently utilizes one staff member to serve as the Quality Control Manager and Safety/Environmental Specialist.

Question: Will this current arrangement satisfy the Essential Personnel requirement or is it necessary to have two separate and distinct positions?

SECTION C.8.A.9.4, Essential Personnel PAGE 20 of 82, PARAGRAPH NUMBER(S) 1

Governments Response: Two separate and distinct positions are required.

7. The RFP states “Carrying or the use of personal or privately owned firearms while on duty is prohibited.” Contractor’s current facility currently has a waiver and approval for the armed transportation staff to carry their personal weapons from the USMS. Each weapon carried complies with the USMS policy, to include ammunition type and semi‐annual qualification. Each Transportation Officer has all required State and Local permits and licenses.

Question: Will the USMS please confirm the current waiver will be compliant with the RFP?

SECTION C.8.C.5, Weapons Control PAGE 25 of 82, PARAGRAPH NUMBER(S) 2

Governments Response: The Government requests that a copy of the current waiver be provided for review; additionally verification the waiver will be maintained, authorized and current throughout the entire period of performance of the contract.

8. The RFP states “…the term deficiency also can be used to describe… …Nonconformance with a key standard within the Performance‐Based Detention Standards.” The Federal Performance Based

Standards (FPBDS) do not have designations noting which standards are key standards from those that are not.

Question: Will the USMS please identify which FPBDS are considered key standards?

SECTION E.6, Facility Review (Yearly) PAGE 34 of 82, PARAGRAPH NUMBER(S) 3

Governments Response: There are no FPBDS Key Standards. The reference to “Key Standards” should be disregarded and the language should read; “Nonconformance with Federal Performance‐Based

Detention Standards.” Clause E.6 has been corrected.

9. Throughout Section E.6, the RFP refers to an “Acceptable” rating for performance (see E.6.a; E.6.i;

E.6.4; etc.)

Question: Will the USMS please confirm the reference should be to “Satisfactory” to conform with the existing performance ratings?

SECTION E.6, Facility Review (Yearly) PAGE 34‐36 of 82, PARAGRAPH NUMBER(S) multiple

Governments Response: The government confirms the reference should be to “Satisfactory” to conform with the current performance ratings. Clause E.6 has been corrected.

10. Will the DOJ consider extending both the RFP response date of February 7, 2018 and the 90 days post award performance requirement considering the response to the RFP is due less than 30 days from the original synopsis date?

Governments Response: The government extends the RFP response date to no later than 4:00 P.M., Monday, February 26, 2018 EST, however the 90 day post award performance requirement remains unchanged.