Amendment 0001 to RFP-200-1091-WR.pdf

1. CONTRACT 10 CODE PAGE OF PAGES

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 I 6

2.AMENDMENTIMODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION 1PURCHASE REQ. NO. PROJECT NO. (If Applicable)

0001 04/22/2010 039/Cash

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

Federal Bureau of Prisons Community Corrections Contracting 320 First Street, NW Room 5005 Washington, DC 20534

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP (..[) 9A. AMENDMENT OF SOLICITATION NO Code) RFP 200-1091-WR

9B. DATED (See Item 11)

04/07/2010

10A. MODIFICATION OF CONTRACT/ORDER NO.

CODE IFACILITY CODE 10B. DATED (See Item 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

[X J The above number solicitation is amended as set forth in Item 14. The hour and date speCified for receipt of Offers [ Jis extended, [x} is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods.

(a) By completing Items 8 and 15, and returning 2 copy of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c)By separate letter or telegram which includes a reference to the SOliCitation and amendment numbers. FAilURE OF YOUR ACKNOWLEDGMENT TO BI; RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue ofthis amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OR CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

---I A. THE CHANGE ORDER IS ISSUED PURSUANT TO: (Specify Authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authOrity)

E. IMPORTANT: Contractor [ ] is not [lis required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENTIMODIFICATlON (Organized by UCF section headings. including soIicitationlcontract subject matter where feasible).

RFP 200-1091-WR, Residential Reentry Center (RRC) services within the city limits of Casper, Wyoming (Natrona County) or within 10 miles of the city limits of Casper, Wyoming (Natrona County) is hereby amended as follows:

1) In Section A, Blocks 7,8, and 9 are changed to read: Federal Bureau of Prisons, Community Corrections Contracting Office located at Federal Correctional Complex Butner, Old NC Highway 75, Butner, North Carolina 27509. All applicable sections of the solicitation that reference the "issued by" or "address offer to' are changed accordingly.

2) In Section A, Block 10A., B., and C. are changed as follows: A. Jan R. Johns; B. (919) 575-2074; C. iiohns@bop.gov. A" applicable sections of the solicitation that reference the contracting officer's contact information are changed accordingly.

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

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) Jan R. Johns

15B. CONTRACTOR/OFFEROR

(Sianature ofperson authorized to sian)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

BY C'YCL¥ C?-.. n(~~ -= .J I(Sianature of Contractinfi,Officer)

16C. DATE SIGNED

04/19/2010

NSN 7540-01-152-8070 30-105 STANDARD FORM 30 (REV. 10-83)

PREVIOUS EDITION UNUSABLE Prescribed by GSA

FAR (48 CFR) 53.243

mailto:iiohns@bop.gov

AMENDMENT OF SOLICITATIONIMODIFICATION OF CONTRACT - Continuation

1. CONTRACT 10

CODE

PAGE OF PAGES

2 I 6

2.AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

04/22/2010

4. REQUISITION 1PURCHASE REQ. NO.

039/Cash

PROJECT NO. (lfApp/icable)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organ/zed by UCF section headmgs, mcludmg solicitation/contract subject matter where feasible).

3) In Section A, the value ($0.00) entered in Block 20, Amount, of the SF-33, Solicitation, Offer, and Award, is deleted in its entirety.

4) In Section C, Subsection C.1, Statement of WorWSpecification, the language on page 97 under Item 6, "Contractor Evaluation Form (CEF):

of Chapter 22 - BOP Inspections is changed to read the following:

"6. CONTRACTOR EVALUATION FORM (CEF) - The CEF is an annual assessment conducted by the COTR. The rating period represents 12 months of contract performance and ordinarily is conducted at the end of each performance period as identified on the Contract Award document. Upon review and approval by the RMT, the COTR sends the CEF to the CO who reviews the document, then provides it to the contractor for comments. The contractor will have 30 calendar days to make comment and return the form to the CO."

5) 5) In Section I, the following FAR clause incorporated by reference is updated as follows:

52.244-6 Subcontracts for Commercial Items (Apr 2010)

52.203-13 Contractor Code of Business Ethics and Conduct (Apr 2010)

6) The following FAR clause is incorporated in full text into Section I of the solicitation:

52.209-8 Updates of Information Regarding Responsibility Matters.

As prescribed at 9. 1 04-7(c) , insert the following clause:

UPDATES OF INFORMATION REGARDING RESPONSIBILITY MAnERS (Apr 2010)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIlS) on a semi annual basis, throughout the life of the contract, by entering the required information in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7).

(b)(1) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e. , for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) With the exception of the Contractor, only Government personnel and authorized users performing business on behalf of the Government will be able to view the Contractor's record in the system. Public requests for system information will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of clause)

7) In Section J. Attachment 8, Compliance Matrix. the following is changed:

• Under the ,ECHNICAUMANAGEMENT EVALUATION AREA; FACTOR: Accountability' CRITERIA box on page 7, item (4) in the first paragraph is changed to read: "under home detention."

• Under the "TECHNICAUMANAGEMENT EVALUATION AREA FACTOR: Accountability" PROPOSAL PREPARATIONS INSTRUCTIONS box on Page 7, number (4) of the first paragraph is changed to read: "under home detention."

8) The provision at 52.209-5, Certification Regarding Responsibility Matters (APR 2010). which is attached (2 pages), is incorporated in full text into Section K of the solicitation.

9) The provision at 52.209-7, Information Regarding Responsibility Matters (APR 2010). which is attached (2 pages), is incorporated in full text into Section K of the solicitation.

IIAII other terms and conditions remain the same.!1 http:http://www.ccr.gov

52.209-5 Certification Regarding Responsibility Matters.

As prescribed in 9.1D4-7(a), insert the following provision:

Certification Regarding Responsibility Matters (APR 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that

(i) The Offeror and/or any of its Principals

(A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(8) Have [ ] have not [ ], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract;

violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have," the offeror shall also see 52.209-7, if included in this solicitation;

(C) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1 ) (i)(8) of this provision;

(0) Have [ ], have not [ ], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

Oi) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to LR.C. § 6159.

The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has [ 1has not [ 1. within a three-year period preceding this offer. had one or more contracts terminated for default by any Federal agency.

(2) "Principal." for the purposes of this certification. means an officer. director. owner. partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001.

Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However. the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render. in good faith. the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification. in addition to other remedies available to the Government. the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.209-7 Information Regarding Responsibility Matters.

As prescribed at 9.1 04-7(b) , insert the following provision:

INFORMATION REGARDING RESPONSIBILITY MAnERS (APR 2010)

(a) Definitions. As used in this provision-

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability ( e.g. , Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its prinCipals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c) (1 )(ii) , or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c) (1 ) of this proviSion, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall enter the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7).

http:http://www.ccr.gov

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity ( e.g. , general manager; plant manager; head of a division or business segment; and similar positions).

(End of provision)