3 - RFP-200-1114-SC Solicitation Document.pdf

RFP·200·1114-5C Page 1 of 38

11. THIS CONTRACT IS A RATED ORDER UNDER DPAS IRATING 10MB Clearance Control SOLICITATION, OFFER, AND AWARD (15 CFR 700) Number: 1103'()018

3, SOLICITATION NUMBER 5.DATE 6. REQUISITION/PURCHASE2. CONTRACT NUMBER r OF SOL""ATOON

ISSUED NUMBERSEALED BID (IFB)

X NEGOTIATED

01103/2011IRFP.200·1114-SC

7. ISSUED BY 8. ADDRESS OFFER TO (If other than /lem 7)CODE ICO Federal Bureau of Prisons Federal Bureau ofPrisons

Community Corrections Office Community Corrections Office

Federal Correctional Complex Butner Federal Correctional Complex Butner

Old NC Highway 75 Old NC Highway 75

Butner, NC 27509 Butner, NC 27509

, , , . . . .» » »NOTE. In sealed bId SOliCItatIOns offer and offeror mean bId and bidder.

SOLICITATION

9. Sealed offers In original and L.5 copies for furnishing the supplies or services In the Schedule will be received at the place specified in Item 8, or if handcarried. In the depository locaied in CCC Qffice OldNC HW)! 75 until 14'00'00 local time _.03/04/2011 (Hour) (Date)

CAUTION - LATE Submissions. MOdifICations, and Withdrawals: See Section L. Provision No. 52.214-7 or 52.215-1. All offers are subject to aU terms and conditions contained in this solicitation,

10. FOR

INFORMATION

CALL:

A. NAME

T,m R Inhn~

B, TELEPHONE (NO COLLECT CALLS)INUMBER

C. E-MAIL ADDRESS

I iiohns(dlbop.gov

AREA CODE IEXT.

919 575-2074

11. TABLE OF CONTENTS

(Xl I SEC. I DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - SCHEDULE PART II CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 2 xl I CONTRACT CLAUSES II

X B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART 111- LIST OF DOCUMENTS. EXHIBITS AND OTHER ATTACH

X C DESCRIPTION/SPECS.twORK STATEMENT 90 X J LIST OF ATTACHMENTS 92

X D PACKAGING AND MARKING 1 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E JNSPECTION AND ACCEPTANCE 8 X K REPRESENTATIONS CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

X F DELIVERIES OR PERFORMANCE 2

X G CONTRACT ADMINISTRATION DATA 2 X L INSTRS. CONDS, AND NOTICES TO OFFERORS 7

X H SPECIAL CONTRACT REQUIREMENTS 2. X M EVALUATION FACTORS FOR AWARD 3

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16. Minimum Bid Acceptance Period.

12, In compliance with the above. the undersigned agrees, if this offer is accepted within _________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above. to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s). within the time specified in the schedule.

13, DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS(%) 120 CALENDAR DAYS(%) 30 CALENDAR DAYS(%) 0 CALENDAR DAYS(%) (See Sec//Oll I. Clause No. 52.232-8) 0.00% 0.00% 0.00% 0.00%

14. ACKNOWLEDGEMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(Tn" offeror scknowl"dges receipt of amendments to 1M SOLICITATION for olferors snd related documents numbered snd daled):

CODE I I FACILITY I 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

15A, NAME AND

OFFER (Type or Print)

ADDRESS OF

OFFEROR

15B. TELEPHONE NUMBER 15C. CHECK IF REMITTANCE ADDRESS IS 17. SIGNATURE

AREA CODE 1 NUMBER 1 EXT. o DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

AWARD (To be comp/et&d by Government)

18. OFFER DATE

19. ACCEPTED AS TO ITEMS NUMBERED rO.AMOUNT 21. ACCOUNTING AND APPROPRIATION

$0.00

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN INo 10 U.S.C. 2304(c) ( ) 041 U.S.C. 253(c) ( ) (4 copies unless otherwise specified)

24. ADMINISTERED BY (if other than Item 7) CODE I 25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

IMPORTANT Award WIll be made on thIS Form. or on Standard Form 26. or by other Buthonzed offiCIal wntten notice.

ITEM

CODE

28. AWARD DATE

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA· FAR (46 CFR) 53,214(c} Previous edition is unusable

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Table of Contents smism Description Pa&eNumber

A Solicitation/Contract Form. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I

B Supplies or Services and Prices/Costs

C Description/Specifications/Statement of Work

D Packaging and Marking

E Inspection and Acceptance

F Deliveries and Performance

G Contract Administration Data

H Special Contract Requirements

I Contract Clauses

52.209-8 (Deviation) Updates of Information Regarding Responsibility Matters (DEVIATION) (OCT

2010)

J List of Attachments

K Representations, Certifications and Other Statements of Offerors

L Instructions, Conditions and Notices to Offerors

M Evaluation Factors for Award

RFP-200-1114-SC Page 30f38

Section B - Supplies or Services and Prices/Costs

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001a

0001b

0001c

Base Period: 08/01/2012 through 07/31/2014

Option Year #1: 08/0112014 through 07/31/2015

Option Year #2: 08/01/2015 through 07/31/2016

Option Year #3: 08/01/2016 through 07/31/2017

5,840.000000

2,920.000000

2,928.000000

2,920.000000

DY

DY

DY

DY

1$

1$

Clauses By Full Text

8.1 SERVICES AND PRICES/COSTS

(a) Contractor shall provide Secure Juvenile Facility services for male juvenile and female juvenile Federal offenders held under the authority of various United States Statutes located in the Northern District of Texas. The Northern District of Texas encompasses the following counties: Archer, Armstrong, Bailey, Baylor, Borden, Brisco, Brown, Callahan, Carson, Castro, Childress, Clay, Cochran, Coke, Coleman, Collingsworth, Comanche, Concho, Cottle, Crockett, Crosby, Dallam, Dallas, Dawson, Deaf Smith, Dickens, Donley, Eastland, Ellis, Erath, Fisher, Floyd, Foard, Gaines, Garza, Glasscock, Gray, Hale, Hall, Hansford, Hardeman, Hartley, Haskell, Hemphill, Hockley, Hood, Howard, Hunt, Hutchinson, Irion, Jack, Johnson, Jones, Kaufman, Kent, King, Knox, Lamb, Lipscomb, Lubbock, Lynn, Menard, Mills, Mitchell, Montague, Moore, Motley, Navarro, Nolan, Ochiltree, Oldham, Palo Pinto, Parker, Parmer, Potter, Randall, Reagan, Roberts, Rockwall, Runnels, Schleicher, Scurry, Shackleford, Sherman, Stephens, Sterling, Stonewall, Sut ton, Swisher, Tarrant, Taylor, Terry, Throckmorton, Tom Green, Wheeler, Wichita, Wilbarger, Wise, Yoakum, and Young.

The services will be provided on an indefinite delivery, requirements type contract, with firm-fixed unit prices according to the estim ate outlined above.

The Government intends to refer all eligible residential reentry center requirements under this solicitation to the successful contractor.

The estimated requirements with respect to gender are as follows:

88 percent Male

12 percent Female

Offerors are advised that all usage amounts shown 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 requirement will be stable. These estimates do not constitute a Bureau of Prisons usage guarantee or a guarantee of revenue to the offeror. Payment shall be made for actual consumption/usage.

Pursuantto FAR 17.106-1 ( c) Cancellation Procedures and FAR 17.106-1 (d) Cancellation Ceilings, in the event funds are not avail able after the first year of the base period, the Government reserves the right to cancel the contract in accordance with FAR 52.217-2, Cancellation Under Multiyear Contracts. Under such cancellation, the contractor will be compensated in accordance with FAR 52.217-2 up to the cancellation ceiling limit set forth below (excluding amounts for requirements under prior years):

Base Year 2: 50% of the non-recurring allowable costs for the remaining Base Period.

RFP·200·1114-SC Page 4 of 38

Base Year 2: 50% of the non-recurring allowable costs for the remaining Base Period.

Base Year 2: 50% of the non-recurring allowable costs for the remaining Base Period.

Base Year 2: 50% of the non-recurring allowable costs for the remaining Base Period.

Base Year 2: 50% of the non-recurring allowable costs for the remaining Base Period.

Pursuant to FAR 17.203(b), the Government's evaluation shall be inclusive of options.

Pursuant to FAR 17.203(d), offerors may offer varying prices for options, 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 Statement of Work, with documentation as required.

[END OF SECTION]

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Section C - Description/Specifications/Statement of Work

Clauses By Full Text

C.l STATEMENT OF WORKJSPECIFICA TION

A description of the services to be performed is given in the Statement of Work (see attachment) in this section identified as: Contract Secure Juvenile Facility; Amended February 2004.

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Section 0 • Packaging and Marking

This Section Is Intentionally Left Blank

I i

I f f

I

I t t f

I

I f

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Section E - Inspection and Acceptance

Clauses By Full Text

52.246-4 Inspection of Services--Fixed-Price (Aug 1996)

(a) Definition. "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 Govern ment 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 ofthe 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 con venient performance of these duties.

(e) Ifany of the services do not conform with contract requirements, the Government may require the Contractor to perform the ser vices again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be cor rected by reperformance, the Government may

(I) 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.

(I) Ifthe Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in con formity with contract requirements, the Government may

(I) 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 PERFORMANCE SUMMARY TABLE

Please see attached table (6 pages).

RFP·200·1114-SC Page 8 of 38

Section F • Deliveries and Performance

L"It'in_V1Jnrk Order (Aug 1989)

Clauses By Full Text

F.2 DELIVERIES

In accordance with FAR 16.505( a) and the clause located at FAR 52.216- I 8 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, Washington, DC.

FJ 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).

(b) The anticipated periods of performance are:

Base Period: 08/0112012 through 07/3112014

Option Year I: 08/0 I /20 14 through 07/3 112015

Option Year 2: 08/01/2015 through 07/3112016

Option Year 3: 08/0112016 through 07/3112017

(c) The contract shall be effective from date of award through July 31,2014 with the Government's unilateral right to exercise three individual option periods in accordance with the terms ofthis contract.

(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

RFP·200-1114-SC Page 9 of 38 award by April 3, 2012. The initial perfonnance period will depend on the actual date of award and the issuance of a written award or acceptance of otTer mailed or otherwise furnished to the successful offeror to result in a binding contract.

FA PLACE OF PERFORMANCE

(a) The Place of Perfonnance is: Within the boundaries of the following contiguous Minnesota counties: Houston, Winona, Filmore, Olmsted, Dodge, Steele, Waseca, Blue Earth, Watonwan, Cottonwood, Jackson, Martin, Faribault, Freeborn, Mower, Lyon, Redwood, Brown, Nicollet, Le Sueur, Rice, Goodhue, Wabasha, Dakota, Scott, Sibley, Renville, and Yellow Medicine.

(b) In accordance with FAR 46.503 and FAR 46A03(a)(6), the Place of Acceptance for services under this contract shall be at DES

TINATION.

[END OF SECTION]

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Section G - Contract Administration Data

Clauses By Full Text

G.I CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE

(a) The local Community Corrections Manager (CCM), or his successor, is designated as the Contracting Officer's Technical Repres entative.

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

(I) Directions to the contractor which re-direct the contract effort, shift work emphasis between areas or tasks, require pursuit of cer tain 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 COTR does not have authority to, and may not issue, any direction which:

(I) 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 author ized in writing only by the Contracting Officer.

(d) In the event the COTR desires a change to the contract within one or more of the categories as defined in ( I) through (3) of para graph (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 Govern ment. Technical matters which cannot be resolved by the Contractor and the COTR 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 Govern ment 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 ofdeparture. 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, SOW, Chapter 22, Escapes, Deaths, and Significant Incidents).

G.3 BILLING PROCEDURE

RFP-200-1114-8C Page 11 of 38

(a) The Government will make payments to the Contractor on a monthly basis, promptly after receipt of an appropriate invoice. In voices 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 COTR, a separate invoice shall be submitted.

(d) Submit Invoices to:

Federal Bureau of Prisons

Attn: Community Corrections Manager

4211 Cedar Springs Road, Suite 100

Dallas, Texas 75219

G.4 KEY PERSONNEL

In accordance with the clause entitled "Change in Key Personnel" included in Part I, Section H, the following positions are considered key personnel for Secure Juvenile Facilities:

Facility Director

Assistant Director

School Principal

Food Service Manager

Director of Psychology

Security Supervisor

Casework Supervisor

G.5 ELECTRONIC SUBCONTRACTING REPORTING SYSTEM (eSRS)

In accordance with FAR 52.219-9, the offeror agrees to submit the Individual Subcontracting Report (ISR), formerly the SF-294, and Summary Subcontracting Report (SSR), formerly the SF-295, as applicable. Pursuant to FAR 19.704, the Federal Bureau of Prisons requires submission of these reports as follows:

The ISR is due semi-annually and at contract completion, always within 30 days after the close of each reporting period unless other wise directed by the Contracting Officer. Normally, these deadlines are April 30th for the period ending March 31 st and October 30th for the period ending September 30th. A separate report is also due within 30 days after contract completion. Reports are required when due, regardless of whether there has been any subcontracting activity since the inception of the contract or since the last reporting period.

The SSR must be submitted annually (for twelve months ending September 30th). Reports are due 30 days after the close of each re porting period.

Additional information concerning the Electronic Subcontracting Reporting System (eSRS) program can be located at ht tp:llwww.arnet.gov/ and http://esrs.gov/, [END OF SECTION] http:http://esrs.gov http:tp:llwww.arnet.gov

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Section H • Special Contract Requirements

Clauses By Full Text

H.l CHANGE IN KEY PERSONNEL

Following contract award, any change in key personnel during contract performance is subject to the review and approval of the Com munity 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 pro posed 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 proofthat the local law enforcement agency with primary justification (e.g., Chief of Police, Sheriff) and at least two levels oflocal government officials (e.g., City Council Member, Mayor, County Board Member, City Commissioner) have been notified oftheir intent to change facility location. The notification will identifY the specific location of the new facility.

The proof shall be a signed copy of each notification* sent via registered or certified mail to the Chief Executive Officer of the law en forcement agency and two levels of public officials of the geographical area in which the new facility is located. The notification shall provide an accurate description ofthe program services the contractor provides under their contract to include, but not limited to, the contractor's mission statement; the size of the new facility; the specific address location of the new facility; the type of offender the Statement of Work indicates will be placed at the new facility; and the contractor's inmate accountability practices.

*[The offerors shall use the mandatory Sample Community Notification Letter in Section J, Attachment 4, 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 the Safety and Sanitation requirements ofthe Statement of Work. The contractor will be advised ofidentified areas of non-compliance and will be required to correct the non-compliant areas in accordance with the Statement of Work 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 enforcementl 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 concur rence as to the propriety of the use of proposed sites is required under any and all applicable laws of the city, town, village, or muni

RFP·200·1114·SC Page 13 of 38 cipality in which the RRC is to be located.

H.3 PROTECTED RELIGIOUS ACTIVITIES

Protected Religious Activities. Religious exercise can come up in Residential Reentry Centers (RRC's) in a variety of ways and is gov erned 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.

(I) An offender may ask for a time and place to individually pray, study, or worship. Federal law requires that a federally-funded Con tractor 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 must be an area that, at the time of 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 Govern ment as long as the services are offered in a separate time or location (as defined above in paragraph 2) from the services provided un der the contract and if attendance or participation by offenders is voluntary. For example, the BOP pennits-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 pro posal and will not be considered in the evaluation process.

[END OF SECTION]

I< f

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Section I - Contract Clauses

"-'url1ur~"::1 Generated Forms (Jan 1991)

(Fixed-Price Supply and Service) (Apr 1984) rr"' ......in"'li.... n for Convenience of the Government (Fixed-Price) (May 2004)

.. IIII1lHII{)1l of Liability--Services (Feb 1997) uhc:onlrl'lr:tg for Commercial Items (Jun 2010)

IChl'lncles---Fi:Ked Price (Aug 1987)- Alternate I (Apr 1984)

ILLJlllIlIlUnv Of Services (Jan 1991)

IAplplic:able Law for Breach of Contract Claim (Oct 2004)

IUI!>pult~!> (July 2002)- Alternate I (Dec 1991) on Withholding of Payments (Apr 1984)

For Prompt Payment (Feb 2002)

I~"vm..nt by Electronic Funds Transfer--Central Contractor Registration (Oct 2003)

IAg,ginnmenl Of Claims (Jan 1986)

IAv<lilatlility Of Funds (Apr 1984)

State and Local Taxes (Apr 2003) and Assistance Regarding Patent and Copyright Infringement (Dec 2007)

RFP-200-1114-5C Page 15 of 38 vIause Title

52.227-1 Authorization and Consent (Dec 2007)

52.225-13 Restrictions on Certain Foreign Purchases (June 2008)

52.224-2 Privacy Act (Apr 1984)

52.224-1 Privacy Act Notification (Apr 1984)

52.223-6 Drug Free Workplace (May 2001)

52.222-54 Employment Eligibility Verification (JAN 2009)

52.222-50 ICombating Trafficking in Persons (Feb 2009)

52.222-43 Fair Labor Standards Act and Service Contract Act Price Adjustment (Multiple Year and Option Contracts)

(Sep 2009)

52.222-41 lService Contract Act of 1965. (Nov 2007)

52.222-4 IContract Work Hours and Safety Standards Act Overtime Compensation (July 2005)

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

(Sept 2006)

52.222-36 Affirmative Action for Workers with Disabilities (June 1998)

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era and Other Eligible Veterans

(Sept 2006)

~2.222-3 ~nvict Labor (June 2003)

~2.222-26 Equal Opportunity (Mar 2007)

~2.222-21 Prohibition of Segregated Facilities (Feb 1999)

52.219-9 Alt II ISmail Business Subcontracting Plan (July 2010)- Altemate II (Oct 2001)

52.219-8 Utilization of Small Business Concems (May 2004)

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005)

52.217-2 lCanceliation Under Multiyear Contracts (Oct 1997)

52.215-8 !Order of Precedence--Uniform Contract Format (Oct 1997)

52.215-21 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data--Modifications (Oct

1997)

52.215-2 ~udit and Records-Negotiation (Mar 2009)

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other than Pensions (July 2005) p2.215-15 Pension Adjustments and Asset Reversions (Oct 2004)

~2.215-13 Subcontractor Cost or Pricing Data--Modifications (Oct 1997)

52.215-11 Price Reduction for Defective Cost or Pricing Data--Modifications (Oct 1997)

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or

RFp·200·1114-5C Page 16 of 38

~Iause Title

Proposed for Debarment (Sept 2006)

~2.204-7 Central Contractor Registration (Apr 2008)

~2.204-4 Printed or Copied Double-Sided on Recycled Paper (Aug 2000)

~2.203-8 Cancellation, ReScission, and Recovery of Funds for Illegal or Improper Activity (Jan 1997)

~2.203-7 Anti-Kickback Procedures (JuI1995)

~2.203-6 Restrictions On Subcontractor Sales To The Government (Sept 2006)

~2.203-5 Covenant Against Contingent Fees (Apr 1984)

~2.203-3 Gratuities (Apr 1984)

~2.203-12 Limitation On Payments To Influence Certain Federal Transactions (Sept 2007)

~2.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity (Jan 1997)

~2.202-1 Definitions (July 2004)

Clauses By Full Text

52.24-403-70 Notice ofContractor Personnel Security Requirements (OCT 2005)

Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201) I entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase 1.1. Long-Term Contractor Personnel:

In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 con tractor employee whose background investigation (BI) process begins on or after October 27, 2005:a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form 1-9, OMB No.

1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued pic ture 10);

b. Contractor Personnel must appear in person at least once before a DO] official who is responsible for checking the identification documents. This identity proofing must be completed sometime during the clearance process but prior to badge issuance and must be documented by the DOJ official;

c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties ofeach position.

Outlined below are the minimum BI requirements for each risk level:

• High Risk - Background Investigation (5 year scope)

• Moderate Risk - Limited Background Investigation (LBI) or Minimum Background Investigation (MBI)

• Low Risk - National Agency Check with Inquiries (NACI) investigation

d. The pre-appointment BI waiver requirements for all position sensitivity levels are a:

I) Favorable review ofthe security questionnaire form; 2) Favorable fingerprint results; 3) Favorable credit report, if required;3 4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level;

and 5) Favorable review of the National Agency Check (NAC) 4 portion of the applicable BI that is determined by position sensitivity/ risk level.

A badge may be issued following approval ofthe above waiver requirements.Ifthe NAC is not received within five days ofOPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau ofInvest igation Criminal History Check (i.e., fingerprint check results). e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. Ifthe BI results so justifY, badges issued under these procedures will be suspended or revoked.2. Short Term Contractor Personnel:

It is the policy of the DO] that short-term contractors having access to DO] information systems and/or DO] facilities or space for six months or fewer are subject to the identity proofing requirements listed in items I a. and I b. above. The pre-appointment waiver re quirements for short-term contractors are:

RFP-200-1114-5C Page 17 of 38

a. Favorable review of the security questionnaire form; b. Favorable fingerprint results; c. Favorable credit report, ifrequired;5 and d.

Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commensur ate BI does not need to be initiated.

A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of is suance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PIV-I identity proofing process.

For example, if a contractor employee requires daily access for a three or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a second request is submitted for the same contractor employee within a twelve month period for the purpose of extending the initial contract or for employment under a totally different contract for another three or four-week period, this contractor would now be considered "long-term" and must be cleared according to the long-term requirements as stated in this interim policy.

3. Intermittent Contractors:

An exception to the above-mentioned short-term requirements would be intermittent contractors.

a. For purposes of this policy, "intermittent" is defined as those contractor employees needing access to DOJ information systems andl or OOJ facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For ex ample, the water delivery contractor that delivers water one time each week and is working on a one-year contract.

b. Contractors requiring intermittent access should follow the Department's escort policy. Please reference the August II, 2004, and January 29, 2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted ac cess.

c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contract or, the same pre-employment background investigation waiver requirements that apply to short-term contractors are required.

d. Ifan intermittent contractor is approved for unescorted access, the contractor will only be issued a daily badge. The daily badge will be issued upon entrance into a DOJ facility or space and must be returned upon exiting the same facility or space.

e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year. 4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the Jast five years), favorably adjudicated BI meeting HSPD-12 and DOl's BI requirements.

5. The DOJ's current escorted contractor policy remains unchanged by this acquisition notice.

Notes:

I. FIPS 20 I is available at: www.csrc.nist.gov/publications/fips/fips20IlFIPS-20 I -022505.pdf

2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems andlor DOJ facilities or space for six months or longer. The PIV-I identity proofing process, including initiation and adjudication of the required background investiga tion, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV -II) requires badge issuance to all affected long-term contractors.

3. For contractors in position sensitivity/risk levels above level I, a favorable review of a credit check is required as part ofthe pre appointment waiver package.

4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations to OPM. Per OPM' s instructions, to obtain an Advance NAC Report, a Code" 3" must be placed in block" B " of the " Agency Use Only" section of the investigative form. This report is available for all case types.

5.For contractors in position sensitivity/risk levels above level I, a favorable review ofa credit check is required as part of the pre-appointment waiver package. .

[End of Clause]

52.27-\03-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)

For three of the five years immediately prior to submission of an offerlbidlquote, or prior to performance under a contract or commit ment, individuals or contractor employees providing services must have:

I. Legally resided in the United States (U.S.);2. worked for the U.S. overseas in a Federal or military capacity; or3. been a dependent of a Federal or military employee serving overseas.

Ifthe individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current inform ation regarding allied countries: http://www.opm.gov/employ/html/citizen.htm http://www.opm.gov/employ/html/citizen.htm www.csrc.nist.gov/publications/fips/fips20IlFIPS-20

RFP-200-1114-SC Page 18 of 38

By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.

[End of Clause]

52.209-8 (Deviation) Updates of Information Regarding Responsibility Matters (DEVIATION) (OCT 20 I 0)

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

(2) At the first semi-annual update on or after April 15, 20 II, the Contractor shall post again any required information that the Contractor posted prior to April 15,2011.

(b) (I) 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 of6 years. Contractor com ments will remain a part of the record unless the Conractor revieses them.

(3) Pulbic access to information in F APIIS.

(i) Public requests for system information that was submitted prior to April 15,2011, will be handled under Freedom ofIn formation Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(ii) As required by section 30 I 0 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 20 II, except past performance reviews, will be publicly available.

(End of Clause)

52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance ofdelivery 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 Band F, or the last day of an option period, if ex ercised, as set forth in Sections Band 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 shaH control.

(c) Ifmailed, 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.

(End of clause)

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 I inmate day, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the con tract.

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

(I) Any order for a single item in excess of 5,840 inmate days for the two-year Base Period; 2,920 inmate days for Option Year One;

2,928 inmate days for Option Year Two; and 2,920 inmate days for Option Year Three;

(2) Any order for a combination of items in excess of 5,840 inmate days for the two-year Base Period; 2,920 inmate days for Option Year One; 2,928 inmate days for Option Year Two; and 2,920 inmate days for Option Year Three; or

(3) A series of orders from the same ordering office within 365 days that together call for quantities exceeding the limitation in para graph (b)( I) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limita tions in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice http:http://www.cer.gov

RFP·200·1114-5C Page 19 of 38 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.

(End of clause)

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 ofany limit on total orders under this con tract.

(e) Ifthe Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified un der 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 Con tractor 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 Con tractor 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 addi tional option period should the Government exercise the option clause as specified in the schedule.

(End of clause)

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 Of ficer may exercise the option by written notice to the Contractor within current performance period.

(End ofclause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within the current performance period;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number ofdays is inserted] before the contract expires. The preliminary notice does not commit the Government to an ex tension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration ofthis contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of clause)

52.219-16 Liquidated Damages-Subcontracting Plan (Jan 1999)

(a) "Failure to make a good faith effort to comply with the subcontracting plan," as used in this clause, means a willful or intentional failure to perform in accordance with the requirements ofthe subcontracting plan approved under the clause in this contract entitled "Small Business Subcontracting Plan, II or willful or intentional action to frustrate the plan.

(b) Performance shall be measured by applying the percentage goals to the total actual subcontracting dollars or, if a commercial plan is involved, to the pro rata share of actual subcontracting dollars attributable to Government contracts covered by the commercial plan.

If, at contract completion or, in the case of a commercial plan, at the close of the fiscal year for which the plan is applicable, the Con tractor has failed to meet its subcontracting goals and the Contracting Officer decides in accordance with paragraph (c) of this clause that the Contractor failed to make a good faith effort to comply with its subcontracting plan, established in accordance with the clause in this contract entitled "Small Business Subcontracting Plan," the Contractor shall pay the Government liquidated damages in an amount stated. The amount of probable damages attributable to the Contractor's failure to comply shall be an amount equal to the actu

RFP-200-1114-8C Page 20 of 38 al dolIar amount by which the Contractor failed to achieve each subcontract goal.

(c) Before the Contracting Officer makes a final decision that the Contractor has failed to make such good faith effort, the Contracting Officer shall give the Contractor written notice specifying the failure and permitting the Contractor to demonstrate what good faith ef forts have been made and to discuss the matter. Failure to respond to the notice may be taken as an admission that no valid explanation exists. If, after consideration of all the pertinent data, the Contracting Officer finds that the Contractor failed to make a good faith ef fort to comply with the subcontracting plan, the Contracting Officer shall issue a final decision to that effect and require that the Con tractor pay the Government liquidated damages as provided in paragraph (b) of this clause.

(d) With respect to commercial plans, the Contracting Officer who approved the plan will perform the functions of the Contracting Of ficer under this clause on behalf of all agencies with contracts covered by the commercial plan.

(e) The Contractor shall have the right of appeal, under the clause in this contract entitled, Disputes, from any final decision of the Contracting Officer.

(t) Liquidated damages shall be in addition to any other remedies that the Government may have.

(End ofclause)

52.219-28 Post-Award Small Business Program Rerepresentation (Apr 2009)

(a) Definitions. As used in this clause -

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include con tracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) ofthis clause. Such a concern is "not dominant in its field of operation" when it does not exer cise a controIling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) ofthis clause, upon the occurrence of any ofthe following:

(I) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification ofthe contract to include this clause, ifthe merger or acquisition occurred prior to inclusion ofthis clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end ofthe fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size…