15M40020RA3500009_Amendment0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICAITON NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicble)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICIATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 11)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The 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 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram 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 your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPIRATION DATA (If required)

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

IT MODIFIES THE CONTRACT/ORDER NO. 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

NO. 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.

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.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

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

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

INSTRUCTIONS

Instructions for items other than those that are self-explanatory, are as follows:

Item 1 (Contract ID Code). Insert the contract type identification code that appears in the title block of the contract being modified.

Item 3 (Effective date).

(1)

(2)

(3)

(4)

(5)

For a solicitation amendment, change order, or administrative change, the effective date shall be the issue date of the amendment, change order, or administrative change.

For a supplemental agreement, the effective date shall be the date agreed to by the contracting parties.

For a modification issued as an initial or confirming notice of termination for the convenience of the Government, the effective date and the modification number of the confirming notice shall be the same as the effective date and modification number of the initial notice.

For a modification converting a termination for default to a termination for the convenience of the Government, the effective date shall be the same as the effective date of the termination for default.

For a modification confirming the contacting officer's determination of the amount due in settlement of a contract termination, the effective date shall be the same as the effective date of the initial decision.

(a)

(b)

(c)

(d)

(e)

(f)

Item 6 (Issued By). Insert the name and address of the issuing office. If applicable, insert the appropriate issuing office code in the code block.

Item 8 (Name and Address of Contractor) . For modifications to a contract or order, enter the contractor's name, address, and code as shown in the original contract or order, unless changed by this or a previous modification.

Item 9, (Amendment of Solicitation No. - Dated), and 10, (Modification of Contract/Order No. - Dated). Check the appropriate box and in the corresponding blanks insert the number and date of the original solicitation, contract, or order.

Item 12 (Accounting and Appropriation Data).

When appropriate, indicate the impact of the modification on each affected accounting classification by inserting one of the following entries.

(2) Accounting classification Net decrease $

Include subject matter or short title of solicitation/contract where feasible.

Item 16B. The contracting officer's signature is not required on solicitation amendments. The contracting offier's signature is normally affixed last on supplemental agreements.

(i)

NOTE: If there are changes to multiple accounting classifications that cannot be placed in block 12, insert an asterisk and the words "See continuation sheet".

Item 13. Check the appropriate box to indicate the type of modification. Insert in the corresponding blank the authority under which the modification is issued. Check whether or not contractor must sign this document. (See FAR 43.103.)

Item 14 (Description of Amendment/Modification) .

Organize amendments or modifications under the appropriate Uniform Contract Format (UCF) section headings from the applicable solicitation or contract. The UCF table of contents, however, shall not be set forth in this document

Indicate the impact of the modification on the overall total contract price by inserting one of the following entries:

Total contract price increased by $

Total contract price decreased by $

Total contract price unchanged.

State reason for modification.

When removing, reinstating, or adding funds, identify the contract items and accounting classifications.

When the SF 30 is used to reflect a determination by the contracting officer of the amount due in settlement of a contract terminated for the convenience of the Government, the entry in Item 14 of the modification may be limited to --

A reference to the letter determination; and

A statement of the net amount determined to be due in settlement of the contract.

(g)

(h)

(i)

(ii)

(1)

(2)

(3)

(4)

(5)

(6)

(i)

(ii)

(iii)

STANDARD FORM 30 (REV. 10-83) BACK

(1) Accounting classification Net increase $

Section C.1 Definitions/Acronyms, pages 11-14., Line Number(s) N/A

It appears that the following terms are defined in this section, but are not otherwise used or referred to in the Solicitation:

Clinically Ordered Seclusion

Clinic Space

Control Room

Designated Mental Health clinician

FONSI

GFP

Health Administrator

Health Trained Personnel

Immediate Relatives

Infirmary Care

Life Safety Code

Medical Receiving Screening

On Call/ Remote Custody Officer Post

Prisoner Day

Qualified Healthcare Professional

Qualified Mental Health Professional

Safety Equipment

Security Perimeter

Standing Medical Orders

Transportation and Outside Guard Services Costs

Will these unused terms be deleted from this section?

No. They are standard definitions associated with general language found in Section C

SOW/PWS

2. Section C.2 Introduction, Page(s) 15, Line Number(s) 9, 10. The Facility shall have the capability to accommodate at least 155 Prisoners at a single site. The facility shall be located within United States Marshals Service, Montana District of Montana.

Will the USMS consider proposal that offers less than the 155 beds? No. We are seeking to accommodate at least 155 Prisoners at a single site.

3. Section C.2 Introduction, Page(s) 15, Line Number(s) 11, 12. The population in the USMS occupied portion of the facility will be a maximum security facility consisting of an adult male and female population primarily facing criminal charges ordered held in pre-trial detention.

As the offered facility currently only houses male USMS prisoners, will the USMS please provide the estimated population breakdown of males and females to be housed under this RFP?

Also will the USMS please confirm that only the population will be considered maximum security and not the facility itself? The facility will only house males and no females. The facility needs to have the capability to house maximum security level of detainees.

4. Section C.2 Introduction, page 15. Line Number(s) 11,12,16

The first sentence of the fifth paragraph states "Offerors are prohibited from housing non-federal and inmates at this facility" – please clarify that the "and" should be stricken such that it reads

"…non-federal inmates". The first sentence should read "Offerors are prohibited from housing non-federal inmates in the USMS occupied portion of the facility".

Also, paragraph four refers to the "population in the USMS occupied portion of the facility", which seems to indicate that other portions of the facility could house inmates from other jurisdictions, which is consistent with current practice at the facility. However, paragraph five of the section prohibits housing of non-federal inmates at the offered facility. As the USMS inmates would not be the primary population at this facility, please confirm that inmates from other jurisdictions are permitted to be housed separately at the facility. Yes, other populations may be housed at the facility in addition to the USMS population.

5. Section C.2 Introduction, page 15 Line Number(s) 39

The second sentence of paragraph 10 is an incomplete sentence. Please clarify where "Within 90 days of contract award" should be placed in this paragraph. Please delete “Within 90 days of contract award.”

6. Section C.2 Introduction, page 16. Line Number(s) 1,2

The reference to Section F.2 in the first paragraph appears to be in error. Please confirm if the correct Section to be referenced is F.3. F.3 is the correct reference.

7. Section C.3 General, page 16. Line Number (s) 6,7

The second paragraph of this section states "Should the government invoke such changes…" The third paragraph of this section states "The Contractor shall comply with such changes…."

However, there is no discussion of changes in the first paragraph. Please clarify if there is missing language addressing changes to standards that needs to be inserted in this section. The changes referenced in the statement would be any future change to the SOW and/or all applicable federal, state and local laws and regulations; applicable Presidential Executive Orders

(E.0.), Congressional mandates, case law and Court Orders.

8. Section C.3 General, pages 17-18. Line Number(s) N/A

The sixth paragraph on page 17 and the sixth full paragraph on page 18 state that the CO "shall be notified in writing of all litigation…and provided copies of any pleadings filed or said litigation within five working days of the filing". Will the Government agree to revise this to read "The CO shall be notified in writing of all litigation…and provided copies of any pleadings filed or said litigation within five working days of Contractor's being served notice of such filing"? Yes, ODSC agrees to revise the statement to read “The CO shall be notified in writing of all litigation pertaining to this contract and provided copies of any pleadings filed or said litigation within five working days of the Contractor's being served notice of such filing”.

9. Section C.3 General, pages 17-18. Line Number(s) N/A

The language beginning at the fourth full paragraph on page 18 ("In awarding the contract…" through the eleventh paragraph duplicates the language already found in this section, beginning on page 17. Please advise if the duplicate language will be deleted.

The following duplicate language can be deleted: “In awarding the contract, the Government does not assume any liability to third parties, nor will the Government reimburse the Contractor for its liabilities to third parties, with respect to loss due to death, bodily injury or damage to property resulting in any way from the performance of the contract or any subcontract under this contract.

The Contractor shall be responsible for all litigation, including the cost of litigation, brought against it, its employees or agents for alleged acts or omissions.

The CO/COR shall be notified in writing of all litigation pertaining to this contract and provided copies of any pleadings filed or said litigation within five working days of the filing.

The Contractor shall cooperate with Government legal staff and/or the United States Attorney regarding any requests pertaining to federal or Contractor litigation. Policies and procedures shall be developed to ensure a positive relationship is maintained with all levels of the federal judiciary.

The Contractor’s procedures shall ensure a tracking system is established which mandates all judicial inquiries and program recommendations are responded to in a timely and accurate manner.

All judicial inquiries and Contractor responses specifically related to a Prisoner shall be made a part of the Prisoner’s central file. The Contractor shall notify the COR immediately when a request is made by a member of the United States Congress, local government, the press or other federal entities to obtain information or to visit the institution.”

10. Section C.8.A.8 Prisoner Welfare Fund, page 22 and Section C.8.G.10 Commissary, page 46.

Line Number(s) N/A

The third paragraph of Section C.8.A.8 states "Individual expenditures from the Prisoner welfare fund that exceed $1,000 shall be approved by the COR". This does not reconcile with the third sentence of the third paragraph of Section C.8.G.10, which notes "Any expenditure of funds…shall be made after approval of the COR or CO." Please clarify when approval by the

COR for expenditure of prisoner welfare funds is required. Both C.8.A.8 and C.8.G.10 shall read as: “Any expenditure of funds for the purpose of providing a general benefit to the Prisoner population shall be made after approval of the COR.”

11. Section C.8.A.8 Prisoner Welfare Fund, page 22 and Section C.8.G.10 Commissary, page 46.

Line Number(s) N/A

The fourth paragraph of Section C.8.A.8 states "At the conclusion of the contract, the Prisoner welfare fund shall revert back to the Government", but the last sentence of paragraph three of

Section C.8.G.10 states "the accumulated excess commissary revenues will be applied to the final contract invoice payment. Please clarify the proper disposition of prisoner welfare funds at the conclusion of the contract. Detainees and inmates are the only entities permitted to benefit from the use of the welfare fund. Therefore the proper disposition shall be: “At the conclusion of the contract, the Prisoner welfare fund shall revert back to the Government.”

12. Section C.8.A.15 and C.8.A.21, Page(s) 24, 27, 28, Line Number(s) N/A.

Chief of Security and Chief of Unit Management are included in section C.8.A.15 as Key

Personnel and section C.8.A.21 as Essential Personnel. Please clarify whether the Chief positions are considered Key or Essential Personnel.

Chief of Security: Key Personnel

Chief of Unit Management: Essential Personnel.

13. Section C.8.A.15 Key Position Personnel Approval, page 24; Section C.8.A.20 Key

Personnel, pages 27-28; and Section H.1 Change in Key Personnel, page 63. Line Number(s)

N/A

Section C.8.A.15 identifies Key Personnel as

- Warden (Facility Administrator)

- Assistant Warden(s)

- Chief of Security

- Transportation Supervisor/Coordinator

- Chief of Unit Management

- Health Services Administrator

Section C.8.A.20 identifies Key Personnel as

- Warden (Facility Administrator)

- Assistant Warden(s)

- Chief of Security

- Transportation Supervisor/Coordinator

In another place, this section lists Key Personnel as

- Warden

- Associate Warden

- Transportation Supervisor/Coordinator

Section H.1 identifies Key Personnel as

- Project Coordinator

- Warden

- Associate Warden

Please confirm the correct list of Key Personnel whose selection must receive approval from the

CO. The Key Personnel Lists for all areas shall be identified as:

- Warden (Facility Administrator)

- Assistant Warden(s)

- Chief of Security

- Transportation Supervisor/Coordinator

14. Section C.8.A.16, Page(s) 24, Line Number(s) 7-9. Prior to employees Entering On Duty

(EOD) at the facility, the Contractor shall ensure the following steps are completed for all employees and Subcontractors who are associated with this contract as listed below and provide the results to the USMS COR for the applicable facility.

The current facility administers clearances through Montana Department of Corrections. Will the

USMS consider allowing the facility to continue the current process? The practice may continue until a Detention Contract Monitor is assigned to the facility.

15. Section C.8.A.16 Employment Procedures, pages 24-25.

It appears that the incorrect Attachment Numbers are referenced twice in the first paragraph of this section on page 24, and again in the first and fourth full paragraphs of the section on page

25. Please advise as to the correct Attachment Numbers. Background investigation references are in Section J Attachment 3; Guidelines of Acceptability is currently being updated and will be incorporated within the contract once completed.

16. Section C.8.A.18 Other Employment Requirements, page 25-26; Section C.8.A.23 Staff

Vacancies, page 29-30; Section I Contract Clauses, page 77; and Attachment 1 – Wage

Determination, beginning on page 110. Line Number(s) N/A

These sections reference and/or incorporate the Service Contract Act of 1965 [FAR 52.222.41] and the Fair Labor Standards Act and Service Act – Price Adjustment (Multiple and Option

Contracts) [FAR 52.222.43] and the Fair Labor Standards Act and Service Act – Price

Adjustment [FAR 52.222.44]. The offered facility has a State population that forms the majority of the inmate population, with a state prevailing wage. We request that the Government not incorporate the SCA clauses requiring wage determination since any USMS federal inmate population would not be the primary population at the offered facility, and a state prevailing wage is already in place. USMS will take that into consideration upon further research but will not take it out from the solicitation at this time.

17. Section C.8.A.20 Key Personnel, page 28. Line Number(s) N/A

In the second paragraph on page 28, the solicitation states "All key personnel shall devote 100% of their working time to the federal contract." As noted above, the offered facility has a State population that forms the majority of the inmate population, and it is not operationally feasible to have key staff devoted solely to the USMS contract. We request the Government delete this requirement. USMS agrees to revise the statement to: “All key personnel shall devote 100% of their working time to the facility associated with this contract i.e. Crossroads Detention Facility.”

18. Section C.8.A.21 Essential Personnel, page 28. Line Number(s) N/A

On the list of essential personnel, please confirm that Administrator, Religious Services and

Housing Unit Manager should be two distinct positions. The Essential Personnel Lists shall be identified as:

• Administrator

• Housing Unit Manager

• Chief, Detention/Correctional Services

• Security Shift Supervisors

• Intelligence Officer

• Facilities Manager/Administrator

• Food Service Administrator

• Inmate Systems/Records Office Manager

• Medical/Health Services Administrator

• Quality Control Manager

• Safety/Environmental Specialist

• Administrator of Religious Services (shall be certified by the American

Correctional Chaplains Association.)

19. Section C.8.A.21 Essential Personnel, page 28. Line Number(s) N/A

This section indicates that the essential personnel listed are required to have a minimum of five

(5) years' experience specific to their department – a requirement that is new to this solicitation and not already in effect at the offered facility. Because there may be some incumbent personnel who don't meet the new requirement, we request to revise this section to permit grandfathering in of any current essential personnel who do not meet the five-year experience requirement. USMS agrees to grandfather in any current on-board essential personnel who do not meet the five-year experience requirement on a case by case basis.

20. Section C.8.A.22 Prisoner Processing, page 29 and Section C.8.A.23 Staff Vacancies, page

29. Line Number(s) N/A

These sections make reference to a "Staffing Plan," "contract staffing plan," and "USMS approved staffing plan." The current USMS contract at the offered facility does not require a staffing pattern. Since a state population forms the majority of the inmate population at the facility, the staff perform services for both inmate populations. Accordingly, we request the

Government delete any contract staffing plan requirement in this solicitation in favor of maintaining the current operational practice of no USMS contract staffing pattern. A staffing pattern must be provided for each USMS positions identified on the staffing plan.

21. Section C.8.A.23 Staff Vacancies, pages 29-30. Line Number(s) N/A

This section establishes minimum monthly staffing level averages for Detention Security

Services (90%), Medical Services (85%) and all other departments (85% in the aggregate), and also specifies individual vacancies of 120 days or greater will be deducted by the Contractor from the monthly invoice. Please confirm that:

(a) the deduction will only apply if the monthly staffing level average falls below the minimum required level for the impacted area AND the vacancy exceeds 120 days; The deduction will be on any position vacant in excess of 120 days regardless of the minimum monthly average. If not, the government will be willfully paying for vacant positions for which no services are received.

(b) any such deduction will be based on the salary and benefits of the vacant position;

Deductions will be based on whatever has been established within the contract.

and

(c) in calculating the deduction, the contractor will be given credit for overtime or contract staff covering the vacant positions? NO. The contractor will not be given credit in this manner as they will have already received funds for120 days on a vacant position. Also giving the contractor credit for overtime would/could result in a double payment for the vacant position therefore, it will not be given. The contractor is responsible for payment of sub-contracts not the government, therefore credit will not be given for contract personnel covering vacant positions.

22. Section C.8.A.23, Page 30, Line Number(s) 3-6. A minimum of 15% of the overall staff complement must have sufficient Spanish language skills to understand and make oneself understood. At a minimum, 50% of the Intelligence staff must have sufficient Spanish language skills to understand and make oneself understood and be able to translate Spanish. This section requires a minimum of 15% of the overall staff compliment to have sufficient Spanish language skills as well as 50% of the Intelligence staff to be able to translate Spanish. The current staff compliment and the demographics of the area is limited in bilingual skills, will a translation service or other method of communication satisfy the requirement? Yes

23. Section C.8.A.23, Page 30, Line Number(s) 7-11. Each month, the Contractor shall submit to the CO and COR a current staffing report reflecting all staffed and vacant positions by department, to include entry on duty dates (EOD) for all active employees, and vacancy dates for all vacant positions. The report shall also include the total number of days a position has remained vacant and the average monthly vacancy rate by department. The report shall be in a similar form and formatting as the USMS approved staffing plan. The facility houses multiple contracts with personnel working across the populations. Will USMS accept a report that reflects the entire staffing pattern for the facility with the USMS staffing pattern representing a percentage of the total staff assigned to USMS rather than individuals assigned to the USMS pattern? No. We will not accept a percentage of the total staff assigned to USMS. USMS wants the individuals assigned to the USMS pattern.

24. Section C.8.A.23, Page 30, Line Number(s) 16-19. Individual vacancies of 120 days or greater will be deducted by the Contractor from the monthly invoice. The Contractor will calculate the deduction retroactive from the day one of the vacancy and continue the deduction until the vacancy replacement's entry on duty (EOD) date, excluding the days for the USMS conditional approval process. Vacancy self-deductions shall be itemized on the monthly invoice.

As the staffing pattern includes shared positions between the populations, will the USMS accept the deduction from invoices of a percentage of a vacancy for positions where the pattern calls for a percentage of a full time position assigned to the USMS rather than requiring a full vacancy be deducted as requested in C.8.A.23? No, we are requiring a full vacancy be deducted as requested in C.8.A.23.

25. Section C.8.A.24 Subcontractor Definitions, page 30. Line Number(s) N/A

It appears that the incorrect contract sections are referenced in relation to Employment

Procedures for the Full-time Subcontractor and Part-time Subcontractor paragraphs. Please advise if the reference should be Section C.8.A.16, and NOT C.8.A.17 or C.8.A.9.1. Yes, the reference should be C.8.A.16

26. Section C.8.A.26, Translators and Bilingual Staffing, page 31. Line Number(s) N/A

As the requirements for sufficient Spanish language skills are already addressed in Section

C.8.A.23 on page 30 of the RFP, will the Government consider revising this section C.8.A.26 to read as follows: "When the Prisoner population is predominantly Spanish speaking, the

Contractor is responsible for providing necessary translators or bilingual personnel for communication with Prisoners who do not speak or comprehend the English language. Other than emergency situations, federal Prisoners shall not be used for translation services."

ODSC agrees to revise C.8.A.26 to:

“When the Prisoner population is predominantly Spanish speaking, the Contractor shall ensure that its line staff is sufficient in the Spanish language. Further, the responsibility for providing necessary translators or bilingual personnel for communication with Prisoners who do not speak or comprehend the English language is the Contractor. Other than emergency situations, federal

Prisoners shall not be used for translation services.

A minimum of 15% of the overall staff complement must have sufficient Spanish language skills to understand and make oneself understood. “

27. Section C.8.A.27, Page(s) 32, Line Number(s) 10-11. Essential staff must complete the

Federal Emergency Management Agency online independent study courses listed below.

Will the USMS please clarify the Essential Personnel that will be required to complete the

Federal Emergency Management Agency training are the same Essential Personnel as defined in section C.8.A.21?

Yes, it is.

The Essential Personnel Lists shall be identified as:

• Administrator

• Chief, Detention/Correctional Services

• Security Shift Supervisors

• Intelligence Officer

• Facilities Manager/Administrator

• Food Service Administrator

• Inmate Systems/Records Office Manager

• Medical/Health Services Administrator

• Quality Control Manager

• Safety/Environmental Specialist

• The Administrator of Religious Services (shall be certified by the American

Correctional Chaplains Association)

28. Section C.8.B Health Care, page 33. Line Number(s) N/A

Please confirm that the term "Jaws" in the second sentence of the first paragraph of this section should be "laws".

Yes, it should be “laws”

29. Section C.8.B.8 Administration, page 35. Line Number(s) N/A

The last sentence of this section reads "The ICE shall maintain a medical equipment preventive maintenance plan." Please clarify the meaning of this sentence, or if "ICE" should be replaced with another term. ICE should be replaced with “Contractor”

30. Section C.8.C.10 Prisoner Transportation, page 39. Line Number(s) N/A

a. Please confirm if transportation services shall be limited to within the state of Montana, as is current practice. Yes, transportation should be within the state of Montana

b. Also, it appears that the reference to Section J-Attachment #2 is incorrect. Please clarify the correct attachment number. Remove the reference to Section J Attachment #2.

31. Section C.8.C.10.a Staffing, page 40. Line Number(s) N/A

This section cross-references sections C.8.A.9 and C.8.A.10, but these appear to be the incorrect contract section references. Please clarify the correct section references. The correct cross reference for Staffing is C.8.A.14 and C.8.A.27

32. Section C.8.F Safety and Sanitation, pages 42-43. Line Number(s) N/A

This section requires the contractor to comply with the latest editions of applicable building code, fire protection and life safety codes, standards and regulations. We request that this section be revised to require compliance with the editions of applicable codes, standards and regulation in effect when the facility was constructed. USMS does not agree. No matter whether new construction or existing physical plant, fire protection and life safety issues shall be governed by the latest edition of the National Fire Protection Association (NFPA) 10 I, Code for Safety to

Life from Fire in Buildings and Structures and applicable National Fire Codes (NFC), should conflicts occur between NBC and NFC, NFC shall apply.

33. Section C.8.G.10 Commissary, page 46. Line Number(s) N/A

This section cross-references section C.8.A.9, but this appears to be the incorrect contract section reference. Please clarify the correct section reference. The correct cross reference for Prisoner

Property is C.8.A.7

34. Section C.9 Facility Physical Plant Requirements, pages 46-47 Line Number(s) N/A

The first sentence of the second paragraph beginning "If the USMS operational needs…" is an incomplete sentence. Please advise as to what this sentence/paragraph is intended to say.

USMS agrees to revise the statement to read: If the USMS operational needs unexpectedly increases the USMS Prisoner population, the contactor shall monitor and maintain compliance with the standards.

35. Section G.8 USMS-0002 Release of Residual Funds (Greater than $100), page 62. Line

Number(s) N/A

The last sentence of this section ("Further, failure to sign and return the modification") is incomplete. Please advise what this sentence is intended to say. Section G.8. USMS-0002

Release of Residual Funds (Greater than $100) should read: If funds greater than $100 remain on this contract after the final invoice, the Government will issue a bilateral modification to authorize release of those funds. The Contractor’s signature on the modification will constitute understanding and agreement that all outstanding obligations incurred on this contract have been satisfied. The Government shall not be held liable for the payment of any further invoices submitted under this contract. The Contractor will have up to 30 calendar days after issuance of the modification to sign and return it. Further, failure to sign and return the modification within the stated time period shall be considered acceptance of the Government’s intent to deobligate the residual funds, and releases the Government from any future liability stemming from or related to this contract. (Applies to all contracts)

36. Section H.1 Change in Key Personnel, page 63. Line Number(s) N/A

The Contractor is required to submit evidence that the qualifications of the prospective replacement 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 set forth in Statement of Work. Section H.1.Change in Key Personnel for replacement personnel will adhere to the qualifications set forth in the Statement of Work

37. Section I.1 52.252-2 Clauses Incorporated by Reference (FEB 1998), page 77. Line

This section does not include Federal Acquisition Regulation (FAR) 52.249-14, which protects against termination for delays in performance that are caused by events outside of the contractor's negligence, fault, or control. We would request that FAR 52.249-14 be incorporated into this contract by reference. This requirement is for an already existing establishment and not new construction. Therefore there should not be any delays in performance.

38. Section I.5 52.217-9 Option to Extend the Term of the Contract (MAR 2000), page 80. Line

Subsection (c) states the total duration of the contract, including options, shall not exceed 20 years. However, the solicitation notes a 2 year base period, with four 2-year option periods, for a total of 10 years. Please confirm the total possible duration of the contract, including options.

This contract shall not exceed 10 years to include 1 – 2yr base period and 4 – 2yr option periods.

39. Section L.1 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998), page

97. Line Number(s) N/A

We would request that FAR provision 52.232-13 Notice of Progress Payments (APR 1984) not be incorporated by reference as it is not applicable to the provision of services contemplated by this solicitation. Delete FAR provision 52.232-13 Notice of Progress Payment

40. Section L.5, Page(s) 99-100, Line Number(s) 9, (pg99) and 14-16 (pg100). Line Number(s)

N/A

Will the USMS validate that if RFP responses are submitted electronically that there will only be one (single) emailed submission of the proposal? Yes, only one single emailed proposal is acceptable for electronic submissions.

41. Section C.5 Government Quality Surveillance Plan, page 20, Line Number(s) 9-10.

The next-to-last sentence of this section reads "ICE shall be responsible for all maintenance, security and costs associated with space designated for Government staff." Should the reference to "ICE" in this sentence instead be a reference to "USMS"? Yes, the ICE reference should be replaced with USMS

42. Section J, Attachment 1, Wage Determination, pages 110-120, Line Number(s) N/A.

Please verify the wage determination (WD) that was included in the RFP. Attachment 1 incorporates WD 2015-5398, Rev 12, dated 6/5/2020. Should this be WD 2015-5397, Rev 11, dated 6/5/2020 as only contracts that began prior to 1997 should have a WD that ends in an even number? USMS will look into this and make the necessary corrections prior to award, if needed.

Prisoner Operations Division 3601 Pennsy Drive Landover, MD 20785

1. Incorporate the questions and answers submitted by potential offerors. (See the attached)