Sol_A15PS00655_OJS_JDC_Education.pdf

A - Solicitation/Contract Form B - Supplies or Services/Prices [inserted at contract award] C - Description/Specifications D - Packaging and Marking E - Inspection and Acceptance F - Deliveries or Performance G - Contract Administration Data H - Special Contract Requirements I - Contract Clauses J - List of Documents, Exhibits and Other Attachments K - Representations, Certifications, and Other Statements of Bidders L - Instructions, Conditions, and Notices to Bidders M - Evaluation

A - Solicitation/Contract Form

52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006) - Alternate I (OCT

1995)

52.212-1 Instructions to Offerors - Commercial Items. (APR 2014)

52.212-2 Evaluation - Commercial Items. (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see

FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.)

Technical and past performance, when combined, are [ ] (Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.)

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the

Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 Offeror Representations and Certifications-Commercial Items. (MAR 2015)

52.212-4 Contract Terms and Conditions - Commercial Items. (DEC 2014)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders -

Commercial Items. (MAR 2015)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (DEC

2014)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws

108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

[ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with

Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41

U.S.C. 3509).

[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[ ] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

(JUL 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) (Reserved)

[ ] (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-

117, section 743 of Div. C).

[ ] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

[ ] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (AUG 2013) (31 U.S.C.

6101 note).

[ ] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (JUL 2013) (41 U.S.C. 2313).

[ ] (10) (Reserved)

[ ] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011)

(15 U.S.C. 657a).

[ ] (ii) Alternate I (NOV 2011) of 52.219-3.

[ ] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (ii) Alternate I (JAN 2011) of 52.219-4.

[ ] (13) (Reserved)

[ ] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C.

644).

[ ] (ii) Alternate I (NOV 2011).

[ ] (iii) Alternate II (NOV 2011).

[ ] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C.

644).

[ ] (ii) Alternate I (OCT 1995) of 52.219-7.

[ ] (iii) Alternate II (MAR 2004) of 52.219-7.

[ ] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C.

637(d)(2) and (3)).

[ ] (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (15 U.S.C.

637(d)(4)).

[ ] (ii) Alternate I (OCT 2001) of 52.219-9.

[ ] (iii) Alternate II (OCT 2001) of 52.219-9.

[ ] (iv) Alternate III (OCT 2014) of 52.219-9.

[ ] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[ ] (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

[ ] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C.

637(d)(4)(F)(i)).

[ ] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(NOV 2011) (15 U.S.C. 657f).

[ ] (22) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (15

U.S.C. 632(a)(2)).

[ ] (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned

Small Business (EDWOSB) Concerns (JUL 2013) (15 U.S.C. 637(m)).

[ ] (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB)

Concerns Eligible Under the WOSB Program (JUL 2013) (15 U.S.C. 637(m)).

[X ] (25) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[ X] (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN

2014) (E.O. 13126).

[ X] (27) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

[ X] (28) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

[ X] (29) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).

[ X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29

U.S.C. 793).

[ ] (31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

[ ] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (DEC 2010) (E.O. 13496).

[ ] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter

78 and E.O. 13627).

[ ] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O.

13627).

[ ] (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order

12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[ ] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-

Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN

2014) (E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-13.

[ ] (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s

13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-14.

[X ] (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42

U.S.C. 8259b).

[ ] (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products

(JUN 2014) (E.O.s 13423 and 13514).

[ ](ii) Alternate I (JUN 2014) of 52.223-16.

[ X] (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving (AUG 2011)

[ X] (41) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83).

[ ] (42)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY

2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[ ] (ii) Alternate I (MAY 2014) of 52.225-3.

[ ] (iii) Alternate II (MAY 2014) of 52.225-3.

[ ] (iv) Alternate III (MAY 2014) of 52.225-3.

[ ] (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

[ ] (44) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

[ ] (45) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (JUL 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[ ] (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42

U.S.C. 5150).

[ ] (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(NOV 2007) (42 U.S.C. 5150).

[ ] (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002)

(41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[ ] (49) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

[ X] (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award

Management (JUL 2013) (31 U.S.C. 3332).

[ ] (51) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award

Management (JUL 2013) (31 U.S.C. 3332).

[ ] (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[ ] (53) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[ ] (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

(FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[ ] (ii) Alternate I (APR 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

[X] (1) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter

67).

[ ] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29

U.S.C. 206 and 41 U.S.C. chapter 67).

[ ] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

[ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[ ] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements

(MAY 2014) (41 U.S.C. chapter 67).

[ ] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

[ ] (7) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

[ ] (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY

2014) (42 U.S.C. 1792).

[ ] (9) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C.

5112(p)(1)).

[X] (10) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014)

(Executive Order 13658).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -

Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41

U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C.

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O.

13495). Flow down required in accordance with paragraph (l) of FAR clause

52.222-17.

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).

(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29

U.S.C. 793).

(vii) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

(viii) 52.222-40, Notification of Employee Rights Under the National Labor

Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(ix) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C.

chapter 67).

(x) __ (A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22

U.S.C. chapter 78 and E.O. 13627).

__ (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and

E.O. 13627).

(xi) 52.222-51, Exemption from Application of the Service Contract Labor

Standards to Contracts for Maintenance, Calibration, or Repair of Certain

Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xii) 52.222-53, Exemption from Application of the Service Contract Labor

Standards to Contracts for Certain Services-Requirements (MAY 2014) (41

U.S.C. chapter 67).

(xiii) 52.222-54, Employment Eligibility Verification (AUG 2013).

(xiv) 52.225-26, Contractors Performing Private Security Functions Outside the

United States (JUL 2013) (Section 862, as amended, of the National Defense

Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations

(MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

(FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014)

(Executive Order 13658).

(2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

1452.226-70 Indian Preference (APR 1984)

1452.226-71 Indian Preference Program (APR 1984)

1452.233-2 Service of Protest

1452.280-1 Notice of Indian small business economic enterprise set-aside. (JUL 2013)

1452.280-2 Notice of Indian economic enterprise set-aside. (JUL 2013)

1452.280-3 Subcontracting limitations. (JUL 2013)

1452.280-4 Indian economic enterprise representation. (JUL 2013)

The offeror represents as part of its offer that it [ ] does [ ] does not meet the definition of Indian economic enterprise as defined in 1480.201.

SUBPART 42.15 CONTRACTOR PERFORMANCE INFORMATION (DIAPR) 2010-14,

Amendment 1

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JULY 2010)

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The

Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting

System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at http://www.cpars.csd.disa.mil/. The

CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at http://www.cpars.csd.disa.mil/.

Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the

Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as "source selection information." After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the

Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of notice)

B - Supplies or Services/Prices

[inserted at contract award]

C - Description/Specifications

U.S. Department of the Interior

Bureau of Indian Affairs

Office of Justice Services &

Bureau of Indian Education

Educational Services for Bureau of Indian Affairs Operated BIA/OJS

Juvenile Detention Facilities in Indian Country

Statement of Work (SOW)

June 10, 2015

STATEMENT OF WORK (SOW)

Educational Services For

Bureau of Indian Affairs Operated

Juvenile Detention Facilities in Indian Country

Introduction

The Bureau of Indian Education (BIE)’s and the Bureau of Indian Affairs (BIA), Office of Justice Services (OJS) are collaborating to deliver academic education services to youth whom are incarcerated in BIA Juvenile Detention Centers (JDC) within Indian country. Both entities have committed to ensuring that adequate educational services are provided at all OJS operated detention centers.

It is the mission of the OJS to provide justice services and technical assistance to federally recognized Indian tribes also to respect and protect sovereignty through promotion of self-determination. This mission promotes the organizations guiding principle to protect life and property, maintain order and justice, prevent crimes, reduce recidivism, support tribal justice systems, and to provide a safe secure humane detention cervices. Under the Authority provided by 25 CFR 2802, which implements Public Law, the Indian Law Enforcement Reform Act, this office has the responsibility to provide criminal justice remedial actions, correctional and detention services and rehabilitation in

Indian Country. The OJS Corrections Program has been designated the program to take the lead in establishing and managing the education of incarcerated juveniles within their system and BIE has agreed to provide technical assistance whenever necessary.

As described in Title 25 CFR Part 32.3, BIE is required to provide quality education opportunities from early childhood through life in accordance with a tribe’s needs for cultural and economic well-being, in keeping with the wide diversity of Indian tribes and

Alaska Native villages as distinct cultural and governmental entities. Further, the BIE is to manifest consideration of the whole person by taking into account the spiritual, mental, physical, and cultural aspects of the individual within his or her family and tribal or village context. To this end, the BIE Washington, DC office has been tasked to support the OJS mission and partner in providing technical education assistance to the OJS detention centers and the Indian youth therein.

Scope

The Contractor shall develop and implement the academic educational program tailored for BIA Juvenile Detention Centers, and provide quality educational and support services benefiting male and female American Indian Juveniles. The goal is to establish an environment conducive to the learning process for juveniles by qualified and certified educational professionals.

The performance of the contract includes working closely with OJS designee and the local corrections supervisor or his/her designee, correctional and administrative staff, local school superintendents and staff, local BIE school principals and staff, local Indian tribes and communities, and interaction with juveniles. A set number of Education Hours for each location will be established and agreed upon by both the Contractor and

BIA/BIE.

Generally, the contractor will be responsible for tracking of all “Youth in OJS Custody” that are adjudicated and placed in contract facilities under the BIA custody. Establish and put in place an Interim Education Plan (1-30 days) assessment and placement.

Continue to utilize the current IPASS program for each youth and the electronic learning program established by OJS. Below are the locations that the contractor shall be required to perform their duties and additional Juvenile Detention Centers that may open over the next three years:

Education services are targeted for the following JDCs in the base year:

Northern Cheyenne Youth Center

301 Mennonite Rd.

Busby, Montana 59016

Chief Ignacio Justice Center

107 Spruce Street

Towaoc, Colorado 81334

Education services are targeted for the following JDCs in the first option year:

Lower Brule Justice Center

100 Akita O’Tipi

Lower Brule, South Dakota 57548

Contractor will development Policies and Procedures for the two JDC below, in the first option year:

Yankton Sioux Juvenile Detention Center

PO Box 99

29775 S Main Avenue

Wagner, SD 57380

Standing Rock Youth Detention Center

PO Box E

Ft. Yates, ND 58538

Education services are targeted for the following JDCs in the second option year:

100 Akita O’Tipi

Lower Brule, South Dakota 57548

Yankton Sioux Juvenile Detention Center

PO Box 99

29775 S Main Avenue

Wagner, SD 57380

Standing Rock Youth Detention Center

Po Box E

Ft. Yates, ND 58538

Objectives

The delivery of educational services to American Indian juveniles throughout Indian country is essential, not only to comply with Federal Mandates, but to build healthy and safe tribal communities. The Tribal Law and Order Act (TLOA); Sections 211 and 244 direct DOJ and DOI to create a “long-term plan to address incarceration in Indian country.” TLOA clearly states that other federal agencies are required to engage in partnerships with DOJ and DOI in meeting compliance.

Federal mandates also make it very clear that the goal of rehabilitating our juveniles, should not involve mere incarceration, without re-engaging them in a constructive and dynamitic education system. As noted in the report submitted by DOJ and DOI in collaboration with the Work Group on Corrections, to the United States Congress, regarding TLOA, “BIA operational funding does not include programming needs such as behavioral health, public health, education, employment and life skills. For these services, tribal corrections agencies should develop collaborative relationships with service providers including Indian Health Services (IHS), Bureau of Indian Education

(BIE), tribal and state partners and volunteers to support institution based programming.”

The targeted population consists of incarcerated male and female juveniles who have been adjudicated delinquent, serving sentences and/or awaiting release from custody following completion of the sentence. This includes juveniles who have been taken into custody and adjudicated as a result of tribal violations occurring in Indian country and within the Indian Tribe jurisdiction. The intent is to offer education programs that enable the juveniles to strive toward completing high school graduation requirements and/or offering courses that enable the student to progress towards entering into the school upon release.

Performance Tasks

The Government shall not exercise any direct supervision or control over the contract service providers performing the services herein. The contractor is responsible for furnishing all resources, labor, tools, equipment, materials, supplies, services, and supervision necessary to perform the contract. Tasks associated with this requirement are listed below:

1. The contractor shall continue with the existing educational assessments conducted at each location. The contractor will collaborate with the home schools of each juvenile to obtain academic work in order to maintain as much academic credit as possible while a juvenile is incarcerated. This type of work shall take up to no more than 40 hours per week on-site. The contractor shall submit a written report to the Government of progress made regarding each assessment at the locations of the JDCs on a monthly basis.

2. The contractor shall develop written processes and procedures by which OJS JDC can create an environment that is conducive to the learning process of American

Indian juveniles by working with the local schools where the juvenile originates to include the location of where the JDC is located. The Contractor shall submit a written update and proposed procedures shall be presented to the OJS no later than December 31, 2015.

3. The contractor shall provide and implement the educational plans and the

Individual Plan for Academic Student Success (IPASS) which is goal oriented and meets the needs of the juvenile. The IPASS includes data such as, home schools information, assessment data, entry and exit dates. A written report shall be submitted to the government regarding the implementation and progress of juveniles on these plans. These plans may include but on limited to increasing reading and writing levels or preparing youth for GED testing. Goals need to enable juveniles to function at the expected grade level. All progress reports, educational case management reports shall be maintained by the Contractor and submitted back to the JDC once the juvenile is released and at the end of the school year. The reports/files shall be made available upon the government’s request. An update of educational plans shall be reported in writing monthly.

4. The contractor shall develop written process and procedures for the OJS and will have Special Education certified personnel (or a teacher under direct supervision of Special Education certified personnel) implement existing Individual Education

Plans (IEP) for Juveniles in custody that have Special Education needs in accordance with IDEA.

5. The contractor shall implement the process and procedures for ensuring the fulfillment of IEP needs and special accommodations for juveniles in custody.

This shall include all administrative and educational tasks included in the plan.

The contractor will work closely with the school of origin or Education Line

Office (if student is from a BIE school) to ensure that Free and Appropriate Public

Education (FAPE) is being met through these processes and procedures. The contractor shall submit a written report to the Government on the finding and recommendations for any changes in the processes and procedures.

6. The contractor will incorporate the written process and procedures and forms for the BIA OJS Program. The Contractor will submit monthly reports on the individual juvenile educational status in custody to include the IEP, if applicable.

This report will demonstrate the students’ progress when he/she reports back to the tribal courts and BIA OJS. This report may include but not limited to: grades, credits achieved, assessments, behavior, IEP, special accommodations, related services, and recommendations. There will be a final report written when the student is released from custody and placed on file with the Jail Administrator.

7. The Contractor shall use the baseline data established and implement the delivery of general educational services at each location. The procedures and processes shall be written format and submitted to Government for approval within 30 days of start of the Scope of work. Upon approval, the contractor shall fully implement each educational program at the established locations in this SOW.

8. The Contractor shall provide technical assistance by providing training to JDC

Officers and staff two times per school year. The training and technical assistance shall be provided by graduate level or trained instructor of the subject matter on the following subjects but not limited to: special education overview, classroom management, educational intervention, supervision, staff safety and student comprehension and learning styles. This training shall be approved and a written summary of the training and TA shall be submitted to the government within five (5) business days after completion.

9. As needed, if determined necessary by the COR, the Contractor shall provide training and technical assistance on the topics of: Juvenile/Student progress or lack of progress and understanding roles of a multi-disciplinary team meetings the

JDC Staff and BIA OJS. This training shall be approved and a written summary of the training and TA shall be submitted to the government within five (5) business days after completion.

10. The contractor shall develop a plan for sustaining educational services at the JDCs nationwide, based on the experience, processes and procedures created as a result of this SOW. The contractor will work with the Bureau of Indian Education

(BIE) Point of Contact to connect this program with the JDC. Within 60 days of the start of the SOW, the contractor will provide a written plan to the

Government.

11. The contractor shall implement the approved electronic learning software-odyssey ware through the BIE/IT connections. The program has a variety of curricula from kindergarten to the twelfth grade and meets all the states’ Core Standards and the traditional State Standards. OJS will be using the traditional State

Standards courses since we are working with remediation of academic skills. The program has Career/Technical Education or CTE coursework and prep material including the traditional GED. The program is based on the educational principle of Blended Learning. Blended Learning is defined as teaching done online with face to face interaction with a teacher. These results shall be provided in the monthly reports.

12. The Contractor shall provide pre-trail data to OJS within the first 30 days of the award of the contract to assist in the development of an Interim Education Policy for BIA/OJS. The pre-trial data for juveniles shall consist of information collected on juveniles that are initially arrested and/or awaiting trial/hearing. The pre-trial information shall be reported on a monthly basis.

13. The contractor shall develop and submit an Interim Education Policy to the

BIA/OJS for final approval. The policy shall include when, where, and who is educated while incarcerated in JDC’s and all applicable laws for inclusion shall be utilized for this policy. The policy shall be submitted 120 days of the start of the award date.

14. The contractor shall implement up to 40 hours education hours per week at each location which the schedule shall be approved by BIA. The education hours shall be established 90 days after the contract award.

15. As needed, The contractor shall participate in the planning and development for additional juvenile detention that may open over the next two years, by assessing the location for educational services, review the facilities classroom and teaching space, accessibility for youth and teachers, internet capabilities, connect with the local agencies for coordination purposes and track incarcerated youth for this location to understand need for educational services and plan proposal. The contractor shall work closely with BIA OJS point of contacts and shall report monthly.

The contractor shall not release any reports or media regarding the delivery of educational services. All information shall be submitted to the Government for review and written approval. The Government shall issue media releases on the program at their discretion.

Non-Personal Services

This contract is a non-personal services contract, under which the contractor is an independent contractor. The Government may evaluate the quality of professional services provided. The Contractor is required to indemnify the Government for any liability producing act or omission by the Contractor, its employees and agents occurring during contract performance.

Place of Performance/Hours of Operations

The Contractor performance shall occur primarily at its location or the detention centers.

Services shall not be required on Federal holidays or when the Government facility is closed due to local or national emergencies, weather related closings, administrative closings, or similar BIA, BIE, or other Government directed facility closings.

Place of performance shall be on-site at each JDC identified below and the Contractor’s facility. Contract performance shall take place between regular business hours and in coordination with each JDC.

Federal law (5 U.S.C. 6103) establishes the following public holidays for Federal employees. Please note that most Federal employees work on a Monday through Friday schedule. For these employees, when a holiday falls on a non-workday -- Saturday or

Sunday -- the holiday usually is observed on Monday (if the holiday falls on Sunday) or

Friday (if the holiday falls on Saturday).

January , 2016 —New Year’s Day January , 2016—Birthday of Martin

Luther King Jr.

February , 2016—Washington’s

Birthday

May , 2016—Memorial Day

July 4, 2016—Independence Day September , 2015—Labor Day

October , 2015—Columbus Day November , 2015—Veteran’s Day

November , 2015—Thanksgiving Day December , 2015—Christmas Day

The subsequent federal holidays for 2016, 2017, 2018, and 2019 will follow the U.S.

Office of Personnel Management schedule established by federal law, (i.e.

www.opm.gov/operating_status_schedules/fedhol. The Contractor must maintain an adequate work force for the uninterrupted performance of all tasks defined within this performance work statement. This statute does not negate any contractor requirement to travel on federal holidays in order to meet successful performance of services requested under the contract.

Deliverables/Deliverable Schedule

1. Services shall be provided in accordance with Performance Task. Accepted written Reports shall be submitted to the Government in hard copy and electric format. One (1) copies shall be distributed to the COR, and one (1) copy to the

Chief of Corrections.

2. Upon contract award the Contractor shall provide an implementation plan to the

COR for approval. The plan shall provide details and report due dates within

30days after the award.

To fulfill this effort, the contractor shall complete the following deliverables. Unless otherwise specified, the government will have a maximum of fifteen (15) working days from the day the draft deliverable is received to review the document, provide comments back to the contractor, approve or disapprove the deliverable(s). The contractor will also have a maximum of fifteen (15) working days from the day comments are received to incorporate all changes and submit the final deliverable to the government for final http://www.opm.gov/operating_status_schedules/fedhol acceptance. All days identified below are intended to be workdays unless otherwise specified.

# Milestone/Deliverable

Responsibility Date

1 Implement education assessments Contractor Monthly

2 Develop a written procedures for learning process’

Contractor December 31, 2015

3 Develop and implement an IPASS plan Contractor Monthly

4 Ensuring IEP needs and special accommodations are met for the juveniles in custody

Contractor Monthly

5 Work with school of origin and ensure FAPE requirements are being met

Contractor Monthly

6 Implement the delivery of educational services at each location

Contractor Monthly

7 Baseline data used to deliver general services at each location

Contractor Within 30 of the

SOW

8 Provide training and technical assistance to JDC staff

Contractor Bi-Annually

9 Provide TA to Multidisciplinary teams on juvenile progress reports

Contractor Monthly

10 Submit a sustainability plan for Education Contractor Within the 60 days

SOW

11 shall implement the approved electronic learning software-odyssey ware through the

BIE/IT connections

Contractor Monthly

12 Contractor shall obtain and provide pre-trail data

Contractor Monthly

13 Development of Interim Education Policy for

OJS

Contractor 120 days after award

14 Implement education hours at each JDC

Contractor 90 days after award

15 Contractor participates in planning and development of two new JDC

Contractor Monthly

Security Requirements

In accordance with 25 U.S.C. 3201 (P.L. 101-630), Indian Child Protection and Family

Violence prevention Act; 42 U.S.C. 13041, Crime Control Act of 1990; 441

Departmental Manual, Personnel Security and Suitability Requirements all positions with duties and responsibilities involving regular contact with or control over Indian children are subject to a background investigation and determination of suitability for employment.

Accordingly, all such positions require a favorable screening (applicant and suitability) determination made by the Bureau of Indian Affairs; and a favorable background investigation determination conducted by the Office of Personnel Management (OPM).

A favorable screening (applicant and suitability) determination must be made by the

Bureau of Indian Affairs prior to contract award or made within 60 days of incorporation of this clause into a current/existing contract. Pending completion of a background investigation by OPM, the contractor who has been granted a favorable screening

(applicant and suitability) determination must be within the sight and under the supervision of a Government employee who has had a completed background investigation (42 U.S.C. 13041 (3)) during contract performance until a final background investigation determination has been made.

Prior employment with the Federal Government, including the Bureau of Indian

Education or the Bureau of Indian Affairs, does not assure that the appropriate screening or investigation was conducted nor does it alleviate or guarantee a favorable screening

(applicant and suitability) determination or background investigation.

Prior to contract award the Acquisition Office will notify the resultant contractor to provide verification of favorable screening. It is solely the company, individual or contractor’s responsibility to contact the BIA OJS in order to obtain a complete security package, which includes but is not limited to appropriate investigative forms and/or inquire about their previous investigation; and, obtain a screening (applicant and suitability) determination, and subsequent final background investigation.

If an unfavorable screening (applicant and suitability) determination is made, a contract shall not be awarded to the individual who received an unfavorable screening or to the company who has proposed to employ the individual to perform the work. The individual and or the company who proposed to employ this individual may be determined to be non-responsible if an unfavorable screening (applicant and suitability) determinations is made, which will make them ineligible for contract award.

If an unfavorable final background investigation determination is made, the contract may be terminated and the Contractor employee in question shall not be authorized to provide service to the BIA, if the service involves contact with or regular control over Indian children.

Records/Data Safeguards

Any Government information made available or to which access is provided and which is marked or should be marked "For Official Use Only" or “FOUO” shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract. Disclosure to anyone other than an officer or employees of the Contractor or Subcontractor at any tier shall require prior written approval of the Contracting

Officer. Requests to make such disclosure should be addressed to the Contracting Officer.

Contractors are reminded that information furnished under this solicitation may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business, or contain trade secrets, proprietary information, or personnel information must be clearly marked. Marking of items will not necessarily preclude disclosure when the U.S. Office of Personnel Management (OPM or the

Government) determines disclosure is warranted by FOIA. However, if such items are not marked, all information contained within the submitted documents will be deemed to be releasable.

Any information made available to the Contractor by the Government must be used only for the purpose of carrying out the provisions of this contract and must not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract. In performance of this contract, the Contractor assumes responsibility for protection of the confidentiality of Government records and must ensure that all work performed by its subcontractors shall be under the supervision of the Contractor or the

Contractor's responsible employees. The Contractor shall be responsible for safeguarding all government supplies, information, and Government furnished equipment if provided for contractor use.

Each officer or employee of the Contractor or any of its subcontractors to whom any

Government record may be made available or disclosed must be notified in writing by the

Contractor that information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 19 U.S.C. 641. That section provides, in pertinent part, that whoever knowingly converts to their use or the use of another, or without authority, sells, conveys, or disposes of any record of the United

States or whoever receives the same with intent to convert it to their use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine of up to $10,000, or imprisoned up to ten years, or both.

Travel

Travel may be required in performance of this contract. Allowable travel and per diem are governed by P.L.99-234 and FAR Part 31. All travel shall be pre-approved and in accordance with terms and conditions of the Joint Travel Regulation (JTR) and reimbursement of costs shall not exceed the prevailing applicable per diem rates and limitations specified in the JTR. Vouchers and supporting documents shall be submitted for payment in the monthly invoice along with a trip report which includes, as a minimum, the purpose of the trip, date(s) of travel, labor category and any outcomes of the trip. The BIE will approve all travel related to the fulfillment of this contract in advance of travel being undertaken.

Type of Contract

The Government intends to award a single hybrid type firm-fixed price/labor hour contract, performance tasks on a firm-fixed price basis and the “as needed” tasks on a labor-hour basis, with a base year and four option years.

Government-Furnished Property

The following furnished property shall be provided:

1. Computers at assigned locations for student use

2. Hardware for computer connectivity

3. Electronic tablets

4. Electronic software learning license

Government-Furnished Information

1. Baseline data at each location

2. The contractor shall plan to provide services to approximately 150 students.

Period of Performance:

The Period of Performance (POP) shall be as follows:

Start End

POP

Options 1, 2, 3, and 4

Contract Award

12 months

12 months after award date

Key Personnel

The project manager shall be responsible for the performance of the work. The contract manager shall have full authority to act for the Contractor on all contract matters relating to the daily operation of this contract. In the absence of the project manager, the alternate shall have full authority on contract matters. The key personnel must be approved by the

Contracting Officer:

A. Project Manager Point of Contact:

Name: [inserted upon contract award]

Title:

Address:

Phone:

Email:

B. Alternate Project Manager Point of Contact:

Name:

Title:

Address:

Phone:

Email:

Government Key Personnel

The following personnel are considered key personnel by the Government:

Contracting Office

A. Yvette Washington, Contracting Officer

BIA, Reston Office

Reston, VA

E-mail: Yvette.Washington@bia.gov

Telephone No.: 703-390-6721

B. To be added upon contract award.

C. Technical Point of Contact: [If any; information shall be added upon award]

All questions shall be addressed in writing to Yvette Washington, Contract

Specialist, via email at Yvette.Washington@bia.gov

Contracting Officer’s Representative (COR):

A. [Information shall be added upon award and a separate designation letter provided]

The above identified…