04-RFP-200-0950-SE.pdf

SECTION A

SOLICITATION/CONTRACT FORM

[INSERT FORM HERE]

SECTION: A

Page: 1

PART I - THE SCHEDULE

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SERVICES AND PRICES/COSTS

(a) The Contractor shall provide Performance Based, Reentry Center (RRC) services for male and female Federal offenders held under authority of various United States Statutes located in Macon, Georgia (Bibb County) The type of contract will be an indefinite delivery/requirements type with firm-fixed unit prices for a three year base period and seven one-year incentive award terms.

Performance Total Estimated Total Calendar Price Per Total Price Year Inmate Days Months Inmate Day Inmate Days

Base Period (Contract Year One through Three) 11/01/2006 through 10/31/2010 Line Item One 54,800 36 $ $

AWARD TERM 1 (Contract Year Four) 11/01/2010 through 10/31/2011 Line Item One 18,980 12 $ $

AWARD TERM 2 (Contract Year Five) 11/01/2011 through 10/31/2012 Line Item One 19,764 12 $ $

AWARD TERM 3 (Contract Year Six) 11/01/2012 through 10/31/2013 Line Item One 20,440 12 $ $

AWARD TERM 4 (Contract Year Seven) 11/01/2013 through 10/31/2014 Line Item One 21,170 12 $ $

AWARD TERM 5 (Contract Year Eight) 11/01/2014 through 10/31/2015 Line Item One 22,265 12 $ $

AWARD TERM 6 (Contract Year Nine) 11/01/2015 through 10/31/2016 Line Item One 23,058 12 $ $

AWARD TERM 7 (Contract Year Ten) 11/01/2016 through 10/31/2017 Line Item One 24,090 12 $ $

Estimated Grand Total $

SECTION: B

Page: 2

The Government intends to refer all eligible RRC requirements under this solicitation to the successful contractor.

The estimated requirements with respect to gender are 94% male and 6% female for the three-year base, 94% male and 6% female for award term one, 94% male and 6% female for award term two, 95% male and 5% female for award term three, 95% male and 5% female for award term four, 93% male and 7% female for award term five, 94% male and 6% female for award term six, 94% male and 6% female for award term seven.

Services are required primarily for full-time resident inmate days; however, a percentage of total estimated inmate days may be used for live-out programs. The number of "Total Estimated Inmate Days" is broken down into the following categories and estimated percentages:

Fixed price Regular Inmate days: 80%

Home Confinement Inmate days: 20%

Furloughed Inmate days: Less than 1%

Offerors are advised that all usage amounts are estimates only. These estimates are not a representation by the Government to the offeror that the estimated quantities will be required or ordered, or that conditions affecting the requirements will be stable. These estimates do not constitute a BOP usage guarantee or a guarantee of revenue to the offeror. Payment shall be for actual consumption/usage.

Per diem rates for inmates placed on home confinement shall be one half the full contract per diem rate. (In the event one half the per diem rate does not divide evenly, round the cents column, i.e. $35.222 = $35.22 rounded down or $42.537 = $42.54 rounded up).

The Government's evaluation shall be inclusive of the award term periods. Offerors may offer varying prices for award terms, depending on the quantities actually ordered and the dates when ordered.

(b) Services are required to be provided in accordance with Part I, Section C, the Performance Work Statement.

[END OF SECTION]

SECTION: B

Page: 3

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 PERFORMANCE WORK STATEMENT

A description of the services to be performed is given in the Performance Work Statement (PWS) identified as Federal Bureau of Prison's Performance Work Statement revised November 2005, March 2006, and locally modified August 2006 by the Atlanta CCM for the Macon, GA., RFP.

[There Are No Clauses Included In This Section]

SECTION: C

Page: 4

SECTION D

PACKAGING AND MARKING

[There Are No Clauses Included In This Section]

SECTION: D

Page: 5

SECTION E

INSPECTION AND ACCEPTANCE

E.1 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

(a) Definitions. "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service or (2) terminate the contract for default.

[End of Clause]

E.2 PLACE OF ACCEPTANCE

In accordance with FAR 46.403(a)(6) and FAR 46.503, the place of acceptance for services under this contract shall be at destination.

E.3 QUALITY CONTROL

(a) Contractor Quality Control. Quality performance and quality control are contractor responsibilities. In accordance with Federal Acquisition Regulation Clause 52.246-4, Inspection of services - Fixed Price, the contractor shall establish and maintain a complete Quality Control Plan (QCP) acceptable to the Contracting Officer Technical Representative (COTR) to assure the requirements of this contract are provided as specified. The QCP shall:

1. Be implemented when contract performance begins.

SECTION: E

Page: 6

2. Identify deficiencies in the quality of services throughout the entire scope of the contract and implement corrective action before the level of performance becomes unsatisfactory.

(b) Two copies of a complete QCP, addressing all areas of contract performance shall be submitted to the COTR no later than 30 days after contract award. All proposed changes to the QCP require approval of the COTR. The QCP should include, at a minimum:

1) Specific areas to be inspected on either a scheduled or unscheduled basis and the method of inspection.

2) The name(s) and position(s) of the individual(s)responsible for the inspection, their qualifications and the extent of their authority.

3) Procedures for written and verbal communication with the Government regarding the performance of the contract.

4) Specific surveillance techniques for each contract service identified in the Performance Work Statement and each vital function identified in the Performance Summary Table.

5) The QCP shall comply with the requirements of the Government's quality assurance program, contain procedures for investigation of complaints by contractor and Government staff and feedback to the Government on the actions taken to resolve such complaints.

(c) A file of all inspections, inspection results, and any corrective action required shall be maintained by the contractor throughout the term of this contract. This file shall be made available to the COTR upon request.

(d) The parties to this contract agree the contractor shall be conclusively presumed to have actual knowledge of work not performed and therefore, written notice by the Government shall not be a pre-requisite for reducing payment for service(s) not performed.

(e) Failure by the contractor to maintain adequate quality control can result in termination for default.

(f) Inspection by Regulatory Agencies. The work and services described in this contract are subject to inspection by other Government agencies. The contractor shall participate fully in responding to all requests for information and inspection or review findings by regulatory agencies.

E.4 QUALITY ASSURANCE PROGRAM

Government Quality Assurance

(a) The BOP's Quality Assurance Program (QAP) is based on the premise that the contractor, and not the BOP, is responsible for the management and quality control actions to meet the terms of the contract. The QAP procedures recognize that the contractor is not a perfect manager and that unforeseen and uncontrollable problems do occur. Good management and use of an adequate QCP will allow the contractor to operate within acceptable quality levels.

(b) In accordance with FAR 52.246-4, Inspection of Services - Fixed Price, each phase of the services rendered under this contract is subject to BOP inspection both during the contractor's operations and after completion of the tasks. When the contractor is advised of any unsatisfactory condition(s), the contractor shall submit a written report to the Contracting Officer's Technical Representative (COTR), with a courtesy copy to the Contracting Officer, addressing corrective/preventive actions taken. The BOP's QAP is not a substitute for quality control by the contractor.

Page: 7

(c) The COTR may check the contractor's performance and document any noncompliance, however, only the Contracting Officer may take formal action against the contractor for unsatisfactory performance. (See Section G for additional information on the COTR).

(d) The BOP may reduce the contractor's invoice or otherwise withhold payment for any individual item of nonconformance observed as specified below in the Contractor's Failure to Perform Required Services clause.

The Government may apply various inspection and extrapolation techniques (i.e., 100% surveillance, random sampling, planned sampling, unscheduled inspections, etc. ) to determine the quality of services and the total payment due.

E.5 CONTRACTOR'S FAILURE TO PERFORM REQUIRED SERVICES

The rights of the Government and remedies described in this section are in addition to all other rights and remedies set forth in this solicitation. Specifically, the Government reserves its rights under the Inspection of Services and Termination Clauses. Any reduction in the contractor's invoice shall reflect the contract's reduced value resulting from the contractor's failure to perform required services. The contractor shall not be relieved of full performance of the services hereunder and may be terminated for default based upon inadequate performance of services, even if a reduction was previously taken for inadequate performance.

E.6 INSPECTION AND RECEIVING REPORT

(a) The contractor shall prepare an ORIGINAL invoice plus two copies and shall be furnished to the COTR. (See Section G for invoice preparation).

(b) Upon receipt of a proper invoice, the COTR will verify that the services were satisfactorily performed. (Reductions for nonconforming services will be coordinated with the Contracting Officer).

(c) The COTR must then certify the invoice for payment BEFORE it is forwarded to the Payment Office for payment.

E.7 PERFORMANCE SUMMARY TABLE

Please see attached Perfomance Summary Table, Attachment A (12 pages).

Page: 8

SECTION F

DELIVERIES OR PERFORMANCE

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.arnet.gov/far http://www.usdoj.gov

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER DATE TITLE

52.242-15 AUG 1989 STOP-WORK ORDER

[End of Clause]

F.2 DELIVERIES

In accordance with FAR 16.505(a) and the clause located at FAR 52.216-18 entitled "Ordering", included in Part II, Section I, of this contract, any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders by a warranted Contracting Officer in the Community Corrections Contracting section.

F.3 PERFORMANCE

(a) The Contractor's facility must be fully operational and ready for performance to begin within 120 days after the date of contract award. (For the purpose of this solicitation, "contract award" is defined as the date the award document (either the Standard Form 33 or Standard Form 26) is signed by the Contracting Officer).

The contractor's ability to perform in accordance with the terms of the contract will be assessed by the BOP prior to issuance of the Notice to Proceed. The BOP will perform a pre-occupancy inspection to ensure contract compliance prior to issuance of the Notice to Proceed.

The determination of contractor compliance with contract requirements in issuance of the notice to proceed are at the discretion of the Contracting Officer. The BOP reserves its rights under the contract should the contractor fail to comply with the requirements necessary for issuance of the Notice to Proceed.

SECTION: F

Page: 9

Contract performance shall begin as specified in the written Notice to Proceed signed by the Contracting Officer.

(b) The anticipated periods of performance include:

Base period: Contract year one through three November 1, 2007 through October 31, 2010

Award term 1: Contract year four November 1, 2010 through October 31, 2011

Award term 2: Contract year five November 1, 2011 through October 31, 2012

Award term 3: Contract year six November 1, 2012 through October 31, 2013

Award term 4: Contract year seven November 1, 2013 through October 31, 2014

Award term 5: Contract year eight November 1, 2014 through October 31, 2015

Award term 6 Contract year nine November 1, 2015 through October 31, 2016

Award term 7: Contract year ten November 1, 2016 through October 31, 2017

(c) The contract shall be effective from date of award through October 31, 2010, with the Government's unilateral right to exercise up to seven one-year award terms upon approval by the Term Determining Official.

(d) Performance requirements of this solicitation and resulting contract are estimates only. These estimates are not representations to offerors or contractors that the estimated requirements will be ordered.

(e) The anticipated period(s) of performance are based on the assumptions that funds are available and the Government will make award by July 4, 2007. The initial performance period will depend on the actual date of award and the issuance of a written award or acceptance of offer mailed or otherwise furnished to the successful offeror to result in a binding contract.

F.4 PLACE OF PERFORMANCE

(a) The Place of Performance is: Macon, Georgia (Bibb County).

(b) In accordance with FAR 46.503 and FAR 46.403(a)(6), the Place of Acceptance for services under this contract shall be at DESTINATION.

SECTION: F

Page: 10

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE

(a) The local Community Corrections Manager (CCM), or his successor, is designated as the Contracting Officer's Technical Representative to act as contract monitor.

(b) The contract monitor is responsible for the technical direction of the performance of all work under this contract. The term "technical direction" is defined to include, without limitation, the following:

(1) Directions to the contractor which re-direct the contract effort, shift work emphasis between areas or tasks, require pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish the contractual scope of work.

(2) Supply information to the Contractor which assists in the interpretation of technical portions of the Statement of Work.

(3) Review, inspect, and accept reports and information to be provided by the Contractor to the Government under the contract.

(4) Evaluate the performance and certify all invoices for payment.

(c) Technical direction must be within the general scope of work stated in the contract. The contract monitor does not have authority to, and may not issue, any direction which:

(1) Constitutes an assignment of additional work outside the general scope of the contract.

(2) Constitutes a change as defined in the contract clause entitled "Changes".

(3) Change any of the expressed terms, conditions, fixed price, or time for contract performance.

Any such revisions shall be authorized in writing only by the Contracting Officer.

(d) In the event the contract monitor desires a change to the contract within one or more of the categories as defined in (1) through (3) of paragraph (b), he must direct such request to the Contracting Officer.

The Contracting Officer will handle such request within applicable laws and regulations.

(e) During the term of the contract, the Contracting Officer, or his successor, shall administer the contract on behalf of the Government. Technical matters which cannot be resolved by the Contractor and the contract monitor as well as other contractual difficulties, are to be brought to his immediate attention.

The Contracting Officer may be reached at the address and telephone number shown on the SF 33, block 10.

G.2 PAYMENT SCHEDULE

In consideration of the Contractor's satisfactory performance of services called for under this contract, the Government shall make payment to the Contractor at the fixed daily rates identified in the schedule. The rates cover one person per inmate day. The Government shall not be billed for two days when a resident is admitted one evening and removed the following morning. The Contractor shall not bill for the day of departure. The day of a resident's escape or absconding from custody or supervision shall be considered the day of departure for billing purposes. (See Section C, Paragraph K, Escape Notification Procedures).

The contractor shall collect 25 percent of each employed offender's gross income, calculated for a week, not to exceed the total dollar amount of the contractor's daily per diem rated totaled for one week (see Section J, Attachment # 8 Subsistence Payments).

SECTION: G

Page: 11

G.3 BILLING PROCEDURE

(a) The Government will make payments to the Contractor on a monthly basis, promptly after receipt of an appropriate invoice. Invoices must include the appropriate contract number.

(b) In accordance with FAR 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration (Oct 2003), payment will be made via Electronic Funds Transfer to the account designated by the Contractor.

(c) For reimbursements not covered in the computed per inmate day rate (i.e., hospital, prescriptions, etc.)

which have been authorized by the contract monitor, a separate invoice shall be submitted.

(d) Submit invoices to:

Community Corrections Manager Federal Bureau of Prisons Community Corrections Office 715 McDonough Blvd., SE Atlanta, GA 30315

G.4 KEY PERSONNEL

In accordance with the clause entitled "Change in Key Personnel" included in Part I, Section H, the positions identified in the Contractor's proposal are considered key personnel.

SECTION: G

Page: 12

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 CHANGE IN KEY PERSONNEL

Following contract award, any change in key personnel during contract performance, is subject to the review and approval of the Community Corrections Manager. The Contractor shall submit evidence that the qualifications of the prospective replacement personnel are equal to or greater than personnel vacating the positions. Such requests for review and approval shall be in writing.

H.2 CONTRACT PERFORMANCE

(a) Any request to alter the facility following contract award must provide evidence supporting the contractor's right to use the proposed facility. Acceptable evidence of right to use is limited to deeds, leases, bills of sale, options to lease, options to buy, contingency leases or contingency deeds.

(b) Offerors shall submit proof that the local law enforcement agency with primary justification (e.g., Chief of Police, Sheriff) and at least two levels of local government officials (e.g., City Council Member, Mayor, County Board Member, City Commissioner) have been notified of their intent to change facility location. The notification will identify the specific location of the new facility.

The proof can be anything showing that the notification has been received by intended recipient. The offerors shall use the mandatory Sample Community Notification Letter in Section J, Attachment 3, when notifying the above mentioned officials.

(c) Subsequent to award the contractor shall notify the Contracting Officer's Technical Representative (COTR) advising of any request to change facility locations. The Bureau of Prisons will inspect the contractor's place of performance to ensure compliance with Contract Compliance and Quality Control requirements as written in the Performance Work Statement (PWS) and the Contractor's approved written Quality Control Plan (QCP). The contractor will be advised of identified areas of non-compliance and will be required to correct the non-compliant areas in accordance with the PWS and QCP and reasonable guidance provided by the COTR. If the place of performance is not in compliance by the established performance date, the contract may be terminated for default.

(d) The contractor, when requesting a change in performance location is required to provide proof of zoning. This proof shall be provided with the initial request to change locations.

(e) The initial request to change performance sites will be made to the COTR. The request shall be in writing and accompanied by the following documentation: (1) proof of right to use; (2) proof of zoning;

(3) proof of law enforcement/ geopolitical notification; and (4) evidence that the Bureau of Prisons will receive some benefit for modifying the contract to change the place of performance.

The Contracting Officer, with the assistance of Legal Counsel and the COTR, shall determine whether substantial evidence of proper zoning and other ordinance or regulatory compliance has been provided by the Contractor.

The contractor's failure to provide satisfactory proof may result in termination of the contract for default.

For purposes of this provision, a "necessary local official" means an employed or elected person whose opinion, approval, or concurrence as to the propriety of the use of proposed sites is required under any and all applicable laws of the city, town, village, or municipality in which the CSC is to be located.

SECTION: H

Page: 13

H.3 Award Term Incentive

This solicitation contains an award term incentive which is based upon adding periods of performance to a contract versus a monetary incentive. The Award Term clause is located in Section I of the contract.

H.4

AWARD TERM PLAN

FOR

COMPREHENSIVE SANCTION CENTER SERVICES

FEDERAL BUREAU OF PRISONS

COMMUNITY CORRECTIONS BRANCH

WASHINGTON D.C.

TABLE OF CONTENTS

I) Introduction

II) Organization

III) Responsibilities

IV) Award Term Processes

V) Award Term Plan Change Procedure

EXHIBITS

A - Award Term Organization

B - Contractor Evaluation Form See Section J, Attachment 4

Page: 14

AWARD TERM PLAN

I) INTRODUCTION

This Award Term Plan describes the Government's process to evaluate the performance of a contractor providing Community Corrections Center services and for presenting an assessment of that performance to the Term Determining Official (TDO). The evaluation process for award terms begins at contract award, however, no award term determination will be made until the end of contract year two of the base period.

This plan describes the specific criteria and procedures to be used to assess the contractor's performance and to determine the length of the award term periods earned. An adjustment to the award terms will not result in a contract period of less than 3 years base period) or greater than ten (10) years from the date of contract performance. An award term extension may be granted to the contractor by the Administrative Contracting Officer (ACO) by unilateral contract modification upon recommendation by the Award Term Board Facilitators. Actual award term determinations and the methodology for defining the award term, are unilateral decisions made solely at the discretion of the Government.

II) ORGANIZATION

The award-term organization consists of: the Term Determining Official (TDO); an Award Term Review Board (ATRB), Performance Oversight Staff and Contracting Officer.

III) RESPONSIBILITIES

Term Determining Official (TDO). This individual will ordinarily be the Chief, Community Corrections Contracting Section. The TDO approves the award-term plan and any significant changes. The TDO reviews the recommendation(s) of the ATRB, considers all pertinent data, and determines if the overall award term ratings warrant the granting of an award term to the contractor.

Contracting Officer (CO). The CO is the liaison between the Contractor and Government personnel. The CO evaluates the award term ratings available subsequent to the TDO decision and, if appropriate, modifies the contract period of performance to reflect the decision. It is the CO's responsibility to ensure that the requirements covered by the award term extension fulfills an existing need, is the most advantageous method of fulfilling the Government's need, price and other factors considered, and that funds are available for the award term extension.

Award Term Review Board. These individuals will ordinarily be the Community Corrections Regional Administrator and the Assistant Administrator, Community Corrections and Detention Services Branch. The ATRB briefs the TDO and ACO on the recommended overall CEF rating, the contractor's overall performance, and recommends if award term should be granted. The TDO makes the final decision to grant the award term.

Performance Oversight Staff (POS). The POS will ordinarily be comprised of the Community Corrections Manager (who is also the delegated COTR) and Contract Oversight Specialist responsible for the geographic area where the contract is located. These staff will perform routine announced and unannounced on-site inspections of the contract facility to determine the level of performance accomplished by the contractor. The Community Corrections Manager (COTR) will complete an assessment (CEF) of the contractor's performance on a yearly basis with the first award determination being made at the end of contract year two of the base period.

IV) AWARD TERM PROCESS

A) Award Term Rating. The earned award term rating will be based on the contractor's performance during each evaluation period. The award term rating will be determined by the COTR by completion of the Contractor Evaluation Form (CEF).

Page: 15

During the three year base period (contract years one through three), the contractor will be evaluated annually. At the end of contract year two of the base period, the contractor's performance must be rated "Acceptable or above" to be awarded award term 1 (contract year four). At the end of contract year three of the base period, the contractor's performance must also be rated "Acceptable or above" to be awarded award term 2 (contract year five). For the contractor to earn award terms 3 through 7 (contract years six through ten) the contractor must earn a rating of "Very Good" at the end of each evaluation period.

B) Monitoring Contractor Performance. Each facility will, at a minimum, receive one full monitoring and one interim monitoring every 12 months. Additional interim monitorings may be conducted at the discretion of the Regional Management Team (RMT). Utilizing the six factors listed on the Contractor Evaluation Form the POS members evaluate the contractors performance. As soon as possible, but ordinarily within 10 working days of a full or interim monitoring, the POS shall sign and forward the cover letter and attached monitoring report to the appropriate contractor representative. The contractor must respond to any deficiencies found in the time frames stated in the report.

C) Contractor Self-Assessment. The contractor must provide an assessment of their QCP to the ACO and POS at the end of each three (3) month period. The self-assessment will address the six evaluation categories listed on the Contractor Evaluation Form. This written assessment of the contractor's performance throughout the evaluation period, may also contain any information that may be reasonably expected to assist the ATRB in evaluating its performance. The self-assessment may not exceed 15 pages.

D) End-of-Period Evaluation. A Contractor Evaluation Form (CEF) must be completed by the COTR at the end of each 12 months of performance. A CEF is also completed at contract expiration or termination, see Exhibit B in Section J, Attachment 4.

V. AWARD-TERM PLAN CHANGE PROCEDURE

The Government may make changes to this plan prior to commencement of the period in which the change takes effect. Changes that apply to performance in which a change is made shall require mutual agreement of both parties.

Any changes to the award term process shall be made by modifying the contract. Nothing in this plan shall excuse the contractor from complying with the terms and conditions of the contract. If agreement cannot be reached on changes, the current award term plan remains in effect.

VI. PROTECTED RELIGIOUS ACTIVITIES

Religious exercise can come up in Residential Reentry Centers (RRC's) in a variety of ways and is governed by the Department's regulation guaranteeing "Equal Treatment For Faith-Based Organizations" [28 CFR 38.1(b)] as well as by federal constitutional and statutory law.

1. An offender may ask for a time and place to individually pray, study or worship. Federal law requires that a federally-funded Contractor allow offenders in an RRC reasonably frequent opportunity to engage on their own in these "inherently religious activities" throughout the week.

2. An offender may ask an RRC staff to lead or join him or her in inherently religious activity. If an offender in an RRC makes such a request, Contractor staff may accommodate the request when such activity would not interfere with the contracted services, when the religious activity occurs in a separate time or location from the services provided under the contract and if attendance or participation by offenders and staff is voluntary. A separate location does not need to be a separate building but musth be an area that, at the time of the religious activity, is not being used to provide services under the contract and is not otherwise open to the offender population.

3. An RRC Contractor may offer inherently religious services to offenders outside of, and in addition to, its contract with the Government as long as the services are offered in a separate time or location (as defined above in paragraph 2) from the services provided under the contract and if attendance or participation by offenders is

Page: 16 voluntary. For example, the BOP permits -- but would not reimburse--a contractor to provide offenders with a chaplain to assist offenders who request spiritual counsel, prayer, instruction from a sacred text, or the opportunity to worship. Unless specifically requested in the solicitation, such services should not be included as part of a proposal and will not be considered in the evaluation process.

Exhibit A Award Term Organization

(To be completed at award)

MEMBERS:

Term Determining Official:

Award Term Review Board Members:

1. 5.

2. 6.

3. 7.

4. 8.

Performance Oversight Staff:

1. 3.

Page: 17

2. 4.

Contracting Officer:

Exhibit B

Contractor Evaluation Form (CEF) (See Section J, Attachment 4)

Page: 18

PART II - CONTRACT CLAUSES

SECTION I

CONTRACT CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.arnet.gov/far http://www.usdoj.gov

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER DATE TITLE

52.202-1 JUL 2004 DEFINITIONS

52.203-3 APR 1984 GRATUITIES

52.203-5 APR 1984 COVENANT AGAINST CONTINGENT FEES

52.203-6 SEP 2006 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

GOVERNMENT

52.203-7 JUL 1995 ANTI-KICKBACK PROCEDURES

52.203-8 JAN 1997 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS

FOR ILLEGAL OR IMPROPER ACTIVITY

52.203-10 JAN 1997 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER

ACTIVITY

52.203-12 SEP 2005 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS

52.204-4 AUG 2000 PRINTED OR COPIED DOUBLED-SIDED ON RECYCLED

PAPER

52.204-7 JUL 2006 CENTRAL CONTRACTOR REGISTRATION

52.209-6 SEP 2006 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, OR PROPOSED FOR DEBARMENT

52.215-2 JUN 1999 AUDIT AND RECORDS--NEGOTIATION

52.215-8 OCT 1997 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT

52.215-11 OCT 1997 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING

DATA--MODIFICATIONS

52.215-13 OCT 1997 SUBCONTRACTOR COST OR PRICING

DATA--MODIFICATIONS

52.215-15 OCT 2004 PENSION ADJUSTMENTS AND ASSET REVERSIONS

SECTION: I

Page: 19

52.215-18 JUL 2005 REVERSION OR ADJUSTMENT OF PLANS FOR

POSTRETIREMENT BENEFITS (PRB) OTHER THAN

PENSIONS

52.215-21 OCT 1997 REQUIREMENTS FOR COST OR PRICING DATA OR

INFORMATION OTHER THAN COST OR PRICING

DATA--MODIFICATIONS

52.217-2 OCT 1997 CANCELLATION UNDER MULTIYEAR CONTRACTS

52.219-4 JUL 2005 NOTICE OF PRICE EVALUATION PREFERENCE FOR

HUBZONE SMALL BUSINESS CONCERNS

52.219-8 MAY 2004 UTILIZATION OF SMALL BUSINESS CONCERNS

52.219-9 SEP 2006 SMALL BUSINESS SUBCONTRACTING PLAN

52.219-16 JAN 1999 LIQUIDATED DAMAGES--SUBCONTRACTING PLAN

52.222-3 JUN 2003 CONVICT LABOR

52.222-4 JUL 2005 CONTRACT WORK HOURS AND SAFETY STANDARDS

ACT--OVERTIME COMPENSATION

52.222-21 FEB 1999 PROHIBITION OF SEGREGATED FACILITIES

52.222-26 APR 2002 EQUAL OPPORTUNITY

52.222-35 SEP 2006 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS,

VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE

VETERANS

52.222-36 JUN 1998 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES

52.222-37 SEP 2006 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS,

VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE

VETERANS

52.222-41 JUL 2005 SERVICE CONTRACT ACT OF 1965, AS AMENDED

52.222-43 NOV 2006 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT

ACT--PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION

CONTRACTS)

52.222-50 APR 2006 COMBATING TRAFFICKING IN PERSONS

52.223-6 MAY 2001 DRUG-FREE WORKPLACE

52.223-14 AUG 2003 TOXIC CHEMICAL RELEASE REPORTING

52.224-1 APR 1984 PRIVACY ACT NOTIFICATION

52.224-2 APR 1984 PRIVACY ACT

52.225-13 FEB 2006 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES

52.227-1 JUL 1995 AUTHORIZATION AND CONSENT

52.227-2 AUG 1996 NOTICE AND ASSISTANCE REGARDING PATENT AND

COPYRIGHT INFRINGEMENT

52.229-3 APR 2003 FEDERAL, STATE, AND LOCAL TAXES

52.232-1 APR 1984 PAYMENTS

52.232-8 FEB 2002 DISCOUNTS FOR PROMPT PAYMENT

52.232-9 APR 1984 LIMITATION ON WITHHOLDING OF PAYMENTS

52.232-11 APR 1984 EXTRAS

52.232-17 JUN 1996 INTEREST

52.232-18 APR 1984 AVAILABILITY OF FUNDS

52.232-23 JAN 1986 ASSIGNMENT OF CLAIMS

52.232-25 OCT 2003 PROMPT PAYMENT

52.232-33 OCT 2003 PAYMENT BY ELECTRONIC FUNDS TRANSFER-- CENTRAL

CONTRACTOR REGISTRATION

52.233-1 JUL 2002 DISPUTES

Page: 20

52.233-3 AUG 1996 PROTEST AFTER AWARD

52.233-4 OCT 2004 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM

52.242-13 JUL 1995 BANKRUPTCY

52.243-1 AUG 1987 CHANGES - FIXED-PRICE Alternate I (APR 1984)

52.244-6 FEB 2006 SUBCONTRACTS FOR COMMERCIAL ITEMS

52.246-25 FEB 1997 LIMITATION OF LIABILITY - SERVICES

52.248-1 FEB 2000 VALUE ENGINEERING

52.249-2 MAY 2004 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT

(FIXED-PRICE)

52.249-8 APR 1984 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE)

52.253-1 JAN 1991 COMPUTER GENERATED FORMS

[End of Clause]

I.2 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

(a) The Contractor shall make the following notifications in writing:

(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days.

(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.

(b) The Contractor shall--

(1) Maintain current, accurate, and complete inventory records of assets and their costs;

(2) Provide the ACO or designated representative ready access to the records upon request;

(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor's ownership changes; and

(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.

(c) The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).

[End of Clause]

I.3 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the date established by the notice to proceed through a period not to exceed the last day of the base period as set forth in Sections B and F, or the last day of an award term, if awarded, as set forth in Sections B and F.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

Page: 21

I.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one inmate day for the three-year base period, or one inmate day for each of the seven one-year incentive award terms, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of 54,800 inmate days for the three-year base period or for the following incentive award terms: Award Term one - 18,980; Award Term two - 19,764; Award Term three - 20,440; Award Term four - 21,170; Award Term five - 22,265; Award Term six - 23,058; and Award Term seven - 24,090 inmate days cited due to this being a requirements type contract. * See below.

(2) Any order for a combination of items in excess of 54,800 inmate days for the three-year base period or for the following incentive award terms: Award Term one - 18,980; Award Term two - 19,764; Award Term three - 20,440; Award Term four - 21,170; Award Term five - 22,265; Award Term six - 23,058; and Award Term seven - 24,090 inmate days cited due to this being a requirements-type contract. * See below.

* (A requirements-type contract is one in which the purchaser agrees to buy all of its needs for the specified services herein from the awardee to fill all the purchaser's needs during the period of the contract.

(3) A series of orders from the same ordering office within 365 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within ten days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

I.5 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

Page: 22

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the last day of the base period or the last day of any additional award terms should the Government award the award term as specified in the schedule.

I.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor by the last day of the current performance period.

I.7 52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR

FEES (DEC 2004)

(a) Definition. As used in this clause-- United States means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees.

However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

Page: 23

National Labor Relations Board Division of Information 1099 14th Street, N.W.

Washington, DC 20570 1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs

(b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR part 470, Subpart B--Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to--

(1) Contractors and subcontractors that employ fewer than 15 persons;

(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor's employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;

(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor's facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that--

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and

(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or

(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.

(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall--

(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department's Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Download a copy of the poster from the Office of Labor-Management Standards website at http:

//www.olms.dol.gov; or

(3) Reproduce and use exact duplicate copies of the Department of Labor's official poster.

Page: 24

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold.