Amendment A001.pdf

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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER

A001

3. EFFECTIVE DATE

X

4. REQUISITION/PURCHASE REQUISITION NUMBER

15PBJA-21-PR-0003

5. PROJECT NUMBER (If applicable)

15PBJACODE

DOJ, Office of Justice Programs Bureau of Justice Assistance 810 7th Street, NW Washington, DC 20531

6. ISSUED BY 15PADACODE

DOJ, Office of Justice Programs Office of Administration 810 7th Street, NW Washington, DC 20531

7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NUMBER

15PBJA21Q00000100

To all Offerors/Bidders

CODE FACILITY CODE

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

9B. DATED (SEE ITEM 11)

02-17-2021 X

10A. MODIFICATION OF CONTRACT/ORDER

NUMBER

10B. DATED (SEE ITEM 13)

X

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 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 __1__ copies to the issuing office.X

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

The purpose of this amendment is to 1) Post Answers to Offeror Questions and 2) Modify the SOW. Accordingly:

1. Responses to Offeror questions are being provided. No additional questions will be responded to.

2. RFQ Section B.3 "Statement of Work", Subsection 4 "Tasks", Task Area 3, Bullet Point #3 is hereby changed to state the following:

■ Per each contract year, conduct up to 9 proactive and ad hoc onsite assessments, 2-3 desk reviews, and/or telephonic meetings with project staff to assess program compliance and develop recommendations for program compliance as necessary;

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)

Larrieka D Knox 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

XX

2/17/2021

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B.3 STATEMENT OF WORK

US DEPARTMENT OF JUSTICE

OFFICE OF JUSTICE PROGRAMS (OJP)

BUREAU OF JUSTICE ASSISTANCE (BJA)

PRISON INDUSTRY ENHANCEMENT CERTIFICATION PROGRAM (PIECP) SERVICES

1. INTRODUCTION

The Bureau of Justice Assistance (BJA) is a component of the U.S Department of Justice Office of Justice Programs (OJP) with the mission to provide leadership and services in grant administration and criminal justice policy development to support local, state, and tribal justice strategies to achieve safer communities. BJA supports programs and initiatives in the areas of law enforcement, justice information sharing, countering terrorism, managing offenders, combating drug crime and abuse, adjudication, advancing tribal justice, crime prevention, protecting vulnerable populations, and capacity building. Its primary mission is to provide leadership and a range of assistance to local criminal justice agencies to make America’s communities safer.

BJA accomplishes this mission by providing funding, training, technical assistance, and information to state and community criminal justice programs and by emphasizing the coordination of federal, state, and local efforts.

The Prison Industry Enhancement Certification Program (PIECP) was created to encourage states and counties to establish employment opportunities for inmates that approximate those found in the private sector. This program furthers the Department’s mission by providing technical assistance to Prison Industry Enhancement Certification Program certificate holders and their cost accounting centers to enhance prison industry programs, which assist incarcerated individuals in developing marketable skills that will increase job training and skills development as well as increase the likelihood of meaningful employment upon release. States or counties participating in the program must have statutory authority to administer prison industry projects. Project officials shall consult with organized labor and local private industry prior to start-up; pay prevailing local wages; assure that the certified program will not displace free-world workers; employ inmates only on a voluntary basis; provide benefits including the compensation of injured workers;

comply with all National Environmental Policy Act (NEPA) requirements; and involve the private sector. The Prison Industry Enhancement Certification Technical Assistance Program (PIECTAP) provides assistance to entities that hold PIECP certificates and to entities interested in applying for PIECP certificates.

The Crime Control Act of 1990 (Pub. L. 101-647) continues the Prison Industry Enhancement Certification Program (PIECP), which was originally authorized within the Justice System Improvement Act of 1979 (Pub. L. 96-157). This legislation provides exemption from federal constraints on the marketability of prisoner-made goods by permitting the sale of these products in interstate commerce (18 U.S.C. 1761(c)), the Sumners-Ashurst Act, 1948) and contracting in excess of $10,000 with the Federal Government (41 U.S.C. 35(d), the Walsh-Healey Act, 1936). Fifty (50) non-federal prison industry programs may be certified for this exemption when their operations have been determined by the Director of BJA to meet statutory requirements and other guidelines. Currently there are 1 federal, 40 state and 4 county-based certified correctional industry programs (a total of 45 PIECP certificate holders), with 219 business partnerships or Cost Accounting Centers (CACs). BJA provides training and technical assistance to ensure that PIECP Certificate Holders comply with PIECP statute and guidelines.

2. OBJECTIVE

The primary objective of the PIECP is to certify that local or state prison industry programs meet all the necessary requirements to be exempt from federal restrictions on prisoner-made goods in interstate commerce. These certified prison industry programs place inmates in realistic work environments, pay them prevailing wages, and give them a chance to develop marketable skills that will increase their potential for rehabilitation and meaningful employment upon release.

The primary purpose of the PIECTAP is to provide technical assistance to current PIECP certificate holders and related cost CACs to ensure they are operating PIECP projects in accordance with 18 U.S.C. 1761(c) and the BJA PIECP guidelines (64 Fed. Reg. 17000-17016 (April 7, 1999)). Additionally, technical assistance is provided to applicants that are interested in applying for a certificate under PIECP and ensuring that certificate holders deemed non-compliant receive the necessary assistance to become compliant with program guidelines. This project entails assisting up to 50 PIECP certificate holders held by state and local governmental agencies nationwide.

The technical assistance provider under PIECP works with the public and private sectors to provide the latest information and strategies on prison industries and to enhance certificate holders' prison industry programs. The successful applicant will be required to work collaboratively with BJA to accomplish the following deliverables.

3. SCOPE

The overall scope of PIETAP includes assisting PIECP certificate holders and CACs with implementing and operating PIECP in accordance with 18 U.S.C. 1761(c) and the BJA PIECP requirements, including eligibility, inmate wages, non-inmate worker displacement, benefits, deductions, voluntary PIECP inmate worker participation, consultation with organized labor, consultation with local private industry, and compliance with the National Environmental Policy Act.

Additionally, technical assistance will include providing technical assistance to entities interested in applying for a PIECP certificate. Technical assistance will be limited to entities that hold PIECP certificates and to entities interested in applying for PIECP certificates. The scope of assistance provided under this award is limited to those technical issues related to compliance with statutory and regulatory requirements and certification procedures. State correctional agencies seeking assistance in developing a prison industry program to further successful reentry and related goals may be eligible to receive assistance from other OJP/BJA training and technical assistance providers. The contractor will assist BJA with planning and ongoing activities as necessary to support PIECP.

4. TASKS

The Contractor shall provide the following PIECP services including:

TASK AREA 1 – Initial Planning Activities

The contractor shall participate in meetings with BJA staff as necessary to support the strategic planning process for managing and monitoring PIECP certificate holders. The meetings will be held in Washington, DC and/or teleconference; therefore, the contractor will need to budget for travel to attend minimally one planning meeting to include lodging, airfare, meals and incidental expenses. Planning meetings may include other BJA technical assistance providers to ensure a coordinated project management effort. For time and materials contracts the FAR states that contractors can only be reimbursed for actual costs, therefore budget accordingly.

Other initial planning activities and tasks within this objective shall include:

Developing assessment forms for use during PIECP compliance assessments;

Preparing and maintain documents that include a list of all PIECP certificate holders and a description of the prison industries for each certificate holder;

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Developing a schedule of when and how many site assessment visits will be conducted to PIECP certificate holders and CACs based on the program compliance risk;

Working with BJA to develop a system to determine which certificate holders and CACs are high-, medium-, and low-risk regarding program compliance;

Working with BJA to develop an assessment system to determine when ad hoc visits are necessary;

Drafting materials that highlight the availability and types of PIECP technical assistance; and Working with BJA and BJA technical assistance providers to develop a system that will enable BJA and/or the contractor to determine which grantees are high, medium, and low risk in reference to fulfilling project goals in a timely manner.

TASK AREA 2 – Assist BJA in ongoing activities as necessary to support the administration of PIECP and publishing of program outputs

This task shall include:

Conducting presentations, when appropriate and approved by BJA;

Publish summary of PIECP CAC activities/operations;

Conducting aggregate analysis of PIECP CAC quarterly status reports of PIECP projects by capturing data, such as the number of inmates employed, amount of wage deductions, amount of wages paid, and program trends;

Undertaking other training and technical assistance functions deemed necessary by BJA to support the program; and Coordinating with other federal agencies such as the Department of Labor and the Bureau of Prisons regarding PIECP requirements and guidelines when appropriate.

TASK AREA 3 – Assist PIECP certificate holders and CACs with implementing and operating PIECP in accordance with 18 U.S.C. 1761(c) and the BJA PIECP requirements, including eligibility, inmate wages, non-inmate worker displacement, benefits, deductions, voluntary PIECP inmate worker participation, consultation with organized labor, consultation with local private industry, and compliance with the National Environmental Policy Act

Tasks shall include:

Identifying areas where technical assistance may be necessary and work with BJA to facilitate the delivery of technical assistance;

Collecting quarterly statistical data on PIECP certificate holders and perform analysis of cumulative data that details the progress of PIECP projects and identify challenges, successes, and/or promising practices;

Per each contract year, conduct up to 9 Conducting 15-18 proactive and ad hoc onsite assessments, 2-3 desk reviews, and/or telephonic meetings with project staff to assess program compliance and develop recommendations for program compliance as necessary;

Sending pre-compliance visit letters to certificate holders in order to schedule visits and outline the topics to be covered during the visit;

Drafting compliance reports, per BJA specifications, based on observations and recommendations made during onsite visits, telephonic meetings, and desk reviews to provide to BJA for review and comment in order to assist sites in meeting their obligations; and Developing compliance corrective action plans in consultation with BJA and provide follow-up technical assistance to certificate holders.

TASK AREA 4 – Provide technical assistance to entities interested in applying for a PIECP certificate

Tasks shall include:

Assisting PIECP applicants with compiling the necessary information and addressing the program requirements for PIECP certification and Conducting ad hoc presentations to educate potential applicants about PIECP.

TASK AREA 5 – Transition

The contractor shall plan for the transfer of work control, delineating the method for processing and assigning tasks during the phase-out period.

The contractor shall provide a phase-out plan no later than sixty (60) days prior to expiration of this contract. The contractor shall maintain complete documentation that is totally assessable to the designated Government representatives via a web portal or some other portal as the Government directs.

The contractor may overlap with an incoming contractor during transition for a nominal period of 30 days and will work with Government personnel and the incoming contractor to transfer knowledge, information and documentation for all projects and tasks related to this contract.

5. PERSONNEL

Key Personnel

The key labor categories are identified as: Project Director (PD) and Project Manager (PM). The Contractor shall ensure these personnel possesses the skills, knowledge, training, and certification(s) required to satisfactorily perform all services required by the contract.

Project Director: Responsible for supervising the project manager and all executive level and policy decisions affecting the administration of the project. Provides management support to other project staff including oversight of technical consultants. Directly responsible for oversight of a major national-level federally funded technical assistance initiative and coordination of all necessary resources. Serves as liaison with senior management, client, and all other project related parties for successful project execution.

Education: Bachelor’s degree (BA) in business, economics, communications or a related field from an accredited college or university.

Experience: Must have at least (5) years of experience in a supervisory position.

Project Manager: Responsible for coordinating all required services and technical support. Oversees the assessment process and works BJA to analyze the assessment findings and develop appropriate compliance plans. Responsible for developing compliance assessment schedule and a system to determine which certificate holders and CACs are high-, medium-, and low-risk regarding program compliance. Responsible for providing input on PIECP program policies and suggests ways to improve program administration. Works with BJA to field external inquiries.

Education: Bachelor’s degree (BA) in criminal justice, business, economics, communications or a related field from an accredited college or university.

Experience: Must have at least five (5) years of experience working in a criminal justice-related field and/or managing a national-level program.

The Contractor shall make no substitutions of key personnel without the approval of the Contracting Officer, unless illness, death, or termination of employment necessitates the substitution. The Contractor shall notify the Contracting Officer as soon as possible after the occurrence of any of these events and provide the information required below.

The Contractor shall, prior to making any substitution permanent, demonstrate to the satisfaction of the Contracting Officer, that the qualifications of the proposed substitute personnel is equal to or better than the qualifications of the personnel originally identified for the position. The Contractor will be notified within 15 calendar days after receipt of all required information of the decision on proposed substitutions.

6. SPECIAL CONTRACT REQUIREMENTS

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Sub-Contract Management

The contractor shall be responsible for any subcontract management necessary to integrate work performed on this requirement and shall be responsible and accountable for subcontractor performance on this requirement. The prime contractor will manage work distribution to ensure there are no Organizational Conflict of Interest (OCI) considerations. Contractors may add subcontractors to their team after notification to the Contracting Officer or Contracting Officer Representative (COR).

Contractor Personnel, Disciplines and Specialties

An integral part of successful performance under this contract is not only the production of quality products described in Section C but the responsiveness of contractor personnel in the day-to-day output of work products. All personnel and changes to personnel paid by this contract must be submitted to the Contract Officer Representative for review and approval prior to hiring. While the end product or deliverable is vital to successful performance, day-to-day oversight also includes client interaction and responsiveness. Accordingly, the contractor is required to proactively maintain assigned tasks, and be responsive to all entities with professional business dealings related to the assigned tasks.

Training

The Contractor shall provide training, as necessary, for their personnel to ensure that personnel are trained on the common suite of Microsoft Office tools (e.g., Word, Excel, and PowerPoint) and other applicable programs. The Contractor shall also ensure that all of its employees have been properly trained and are qualified to perform assigned tasks under this SOW. The Government will provide or coordinate training on any new Government-provided equipment or Government-directed training (e.g., Information Assurance). If such training requires travel on the part of contractor employees, local travel costs (i.e., Metro) shall be borne by the contract personnel.

Non-Personal Services

The services and performance required under this contract are determined to be not inherently governmental. The contractor shall not perform or give the appearance of performing inherently governmental functions as described in Federal Acquisition Regulation (FAR) Part 2 and Subpart 7.5. All contractor personnel shall identify themselves as contracted support personnel in all forms of communication with all entities with whom OJP/BJA has business dealings. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the Contracting Officer immediately.

Business Relations

The contractor shall successfully integrate and coordinate all activity needed to execute the requirements specified herein. The contractor shall manage the timeliness, completeness, and quality of the contract deliverables. The contractor shall provide corrective action plans, proposal submittals, timely identification of issues, and effective management of all contractor personnel (including subcontractors). The contractor shall seek to ensure customer satisfaction and professional and ethical behavior of all contractor personnel.

Quality Control Plan

The Contractor shall prepare, within 30 days of contract award, and adhere to, a Quality Control Plan (QCP). The QCP shall document how the Contractor will meet and comply with the quality standards specified in the SOW, and Performance Requirements Summary (see Section C). At a minimum, the QCP must include a self-inspection plan, an internal staffing plan, and an outline of the procedures that the Contractor will use to maintain quality, timeliness, responsiveness, customer satisfaction, and any other requirements set forth in this SOW.

Contract Management

The contractor shall establish clear organizational lines of authority and responsibility to ensure effective management of the resources assigned to this requirement. The contractor shall establish processes and assign appropriate resources to effectively administer this contract. The contractor shall respond to Government requests for contractual actions in a timely fashion. The contractor shall have a single point of contact between the Government and Contractor personnel assigned to support this contract. The contractor shall assign work effort and maintaining proper and accurate time keeping records of personnel assigned to work on this requirement.

Contract Administration

The contractor shall establish processes and assign appropriate resources to effectively administer this contract. The contractor shall respond to Government requests for contractual actions in a timely fashion. The contractor shall have a single point of contact between the Government and contractor personnel assigned to support this contract. The contractor shall assign work effort and maintain proper and accurate time keeping records of personnel assigned to work on this requirement.

7. TRAVEL

All travel costs are subject to the requirements of Federal Travel Regulations.

Travelers may only allocate actual site visit hours to their travel reimbursement request, and will not charge extraneous hours to the contract for report writing – or for personal time – that unnecessarily or inappropriately extends travel time; such costs will not be reimbursed. Travelers may only allocate actual travel time to and from the airport, documented with an online mapping software, and presented in the request for travel reimbursement for review.

Travelers must clearly allocate PIECP work time, and non-PIECP work time, and may not begin or extend work travel with personal time without appropriate documentation in the travel reimbursement. Travelers may not stay at non-grantee locations at higher per diem when performing site visits.

This includes conducting 1-day site visits to a tribe while staying extra days for report preparation in cities more expensive than the tribe’s location.

Traveler may not make unauthorized purchases for airfare upgrades, rental car upgrades or prepaid fuel, or pay additional costs for insurance or extra baggage costs. All receipts for hotel, car rental, parking, or telephone calls, copies or other incidentals must be present for reimbursement under a time and materials contract.

Any appearance of conflicts of interest (COI) or transactions that are not arms-length may not be reimbursed. Submit all such transactions for review and approval.

8. PERIOD OF PERFORMANCE

The period of performance shall be comprised of a one (1) twelve (12) month base period and four (4) twelve (12) month option periods.

9. SECURITY

Contractor will comply with all required security. All personnel must be United States Citizens and meet the DOJ Residency Requirement. The Residency Requirement states that, for three of the five years immediately prior to applying for a position, the individual must have: 1) resided in the United States; 2) worked for the United States overseas in a Federal or military capacity; or 3) be a dependent of a Federal or military employee serving overseas. Systems

15PBJA21Q00000100/A001 Page 5 of 5 that the Contractor shall support or may develop are presently categorized as Unclassified – Moderate Risk.

Contractor staff performing under this task order shall be assigned to positions that are considered moderate risk public trust positions. Contractors in moderate risk public trust positions must possess or undergo a Minimum Background Investigation (MBI).

10. PLACE OF PERFORMANCE

The work performed under this contract will take place at the Contractor site and field locations assigned by the COR.