6 RFP200-1120-NE Section J.pdf

Section J

DOCUMENTATION OF POTENTIAL ENVIRONMENTAL IMPACTS

AND CERTIFICATION OF COMPLIANCE

Activities which are implemented, in whole or in part, with Federal funds must comply with applicable statutes and regulations established to protect the human and physical environment. Such statutes often include, but are not limited to, the National Environmental Policy Act (NEPA), the Clean Air Act, the Clean Water Act, the Safe Drinking Water Act, the Endangered Species Act, the National Historical Preservation Act, the Archeological Resource Protection Act, Native American Graves Protection and Repatriation Act, and other applicable environmental and cultural laws, regulations and requirements.

A completed Environmental Checklist must be submitted with all proposals. This document will be evaluated to determine whether any additional environmental analysis is necessary in accordance with NEPA. As an example, an Environmental Assessment (EA) or an Environmental Impact Statement (EIS) may be required if your proposal involves new construction, substantial modification to an existing structure, construction near a National Historic Site, in a flood plain, on or near critical habitat for endangered species, etc. Other proposals may also require an EA or additional documentation following review of your submitted checklist by the Federal Bureau of Prisons.

Please fill out the attached Environmental Checklist and provide certification, by signing below, that applicable environmental laws and regulations have and will continue to be complied with, and that the information provided in the Environmental Checklist, and, if applicable, other documentation that is provided, is complete and accurate. Failure to accurately complete the environmental checklist may result in your proposal being removed from the competitive range.

Name of Certifying Official Date (Authorized Negotiator)

ENVIRONMENTAL CHECKLIST - FEDERAL BUREAU OF PRISONS

COMMUNITY CORRECTIONS PROGRAM

PURPOSE: This checklist has been prepared and is supplied to potential bidders to assist in the evaluation of proposed actions. Use of the checklist by potential participants in the development of proposals is required as a means of complying with NEPA, comparing alternatives, identifying potential environmental issues early in the process and taking steps to avoid the potential for impacts. Submissions of the completed checklist is mandatory.

OFFEROR:__________________________________________________________________

SUMMARY DESCRIPTION OF THE PROPOSED PROJECT, (i.e., Facility, number of beds, etc.: ________________________________________________________________________

SITE LOCATION:

Site Address: ___________________________________________________________

City, County, State, Zip Code: _____________________________________________ Block/Lot Number: ______________________________________________________ Land Area (Acres): ______________________________________________________

DETAILED DESCRIPTION OF THE PROJECT AND SCOPE OF WORK: (Including, but not limited to, a description of the physical surroundings [residential, rural, business district]; whether it is an existing or new structure, size of the existing or proposed facility (square footage, # of floors, whether it has a parking lot); if it is a new facility, a detailed description of the layout of the facility; if construction is required to modify, rehabilitate or adapt it, a drawing or photograph of the facility/proposed facility, floor diagrams, etc. If additional space is needed, please attach any additional pages, diagrams, photographs, etc. that will fully answer this question)

COMMUNITY CORRECTIONS PROGRAM

PART A.

1. EXTENT OF NEW CONSTRUCTION, RENOVATION AND/OR SITE

DEVELOPMENT

1.1 Does your proposal include any: Yes No

New Construction? G G Renovations/Rehabilitation of an existing facility? G G Additions to an existing facility? G G Site development? G G

If you answered yes to any of the above questions, please describe in detail below or attach additional pages, diagrams, drawings etc. necessary to explain what your proposal involves so that someone who is unfamiliar with your proposal and this site will be able to understand it. If permits or variances are required, please identify what those are (or will be):

1.2 Do you anticipate that your proposal has a potential for impacting the environment either on or near your proposed site?

Yes No

Water Quality G G Are there any creeks, streams, ponds, lakes, rivers, G G etc., on or adjacent to your property?

Is Potable Water available to the site G G Air Quality? G G Will it require the removal or treatment of

COMMUNITY CORRECTIONS PROGRAM

Asbestos/Lead? G G Hazardous Materials? G G Hazardous Waste? G G Will there be sewage hookup for wastewater? G G Will it use or impact a Septic Tank/Field? G G Solid Waste? G G Historical or Cultural Resources within a ½ mile radius? G G Will it have above Ground or Underground

Storage Tanks? G G Wetlands? G G Will it be in a flood plain? G G Endangered Species or their Critical Habitat? G G Is any part of your proposed facility more than 50 years old or adjacent to buildings or structures which are 50 years or older? G G

1.3. Describe the zoning for the proposed site and whether it or other applicable laws, ordinances, regulations, etc. currently permit use of this site as a halfway house. Please identify the applicable law, ordinance, regulation, etc. which describes the authorized uses at the proposed site and attach a copy of the relevant section. ________________________________

Yes, it is a permitted use: G No, it is not currently a permitted use: G

1.4. Please identify below or, if necessary, attach additional pages, maps, diagrams, etc.

which show all public uses of land within a ½ mile radius of your proposed site. Such uses shall include, but will not be limited to: public or private schools; pre-school or after-school, or day care facilities; churches; hospitals; parks; libraries; museums; historical sites or markers, historical districts, archaeological or cultural sites; etc.

IF YOU ANSWERED “YES” TO ANY PORTION OF QUESTIONS 1.2 YOUR

PROPOSAL WILL REQUIRE COMPLETION OF PART B

COMMUNITY CORRECTIONS PROGRAM

Part B.

1. POTENTIAL IMPACTS ON STRUCTURES/CULTURAL RESOURCES/ NATURAL

RESOURCES (Attach additional pages, maps, photographs, diagrams, etc. as necessary to adequately describe the situation.) For each question which you answered yes to in question 1.2 please describe in detail what impact your proposed project may have.

CONTRACTOR EVALUATION

U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS

CONTRACTOR EVALUATION REPORT

CONTRACT PERIOD: FROM: TO:

REPORTING PERIOD: FROM: TO:

1. CONTRACT NAME/ADDRESS: 2. TYPE OF SERVICE: (CCC/CSC/MINT/TDAT, etc.)

3. CONTRACT NUMBER:

4. SENTRY CODE:

5. CONTRACT AWARD DATE: 6. PLACE OF PERFORMANCE:

7. COTR RATING the CEF (print name): 8. SIGNATURE AND DATE:

9. The COTR shall consider both positive and negative attributes in the areas listed below and provide a written narrative describing the contractor’s strengths and weaknesses during this reporting period. Narrative comments are mandatory.

FACTOR

RATING:

Accountability

RATING:

Has the offeror maintained offender accountability in accordance with a plan for offender accountability to ensure offenders are accurately accounted for while (1) in the facility; (2) at work assignments; (3) in all other activities outside the facility; and (4) under home confinement? Is the approach tailored to the geographic area? Have there been any patterns or unresolved breaches of accountability during this rating period? Have you discussed the strengths and weaknesses?

BOP Narrative:

FACTOR

RATING:

Programs

RATING:

Does the contractor have a process for assessing the individual needs of each offender to assist with their reentry into the community? How effective has the process been this rating period in assisting offenders in finding employment, housing, and developing skills to prepare and prevent the offender from returning to a criminal lifestyle (to include, but not limited to, money management, parenting, and family reunification)? How effective and extensive is the community resources network?

What are the methods or avenues taken to obtain medical or mental health treatment? Have you discussed the strengths and weaknesses?

BOP Narrative:

FACTOR

RATING:

Community Relations

RATING:

Does the contractor have a process for educating and interacting with the local community in order to acquire and maintain public support? What efforts have been made during this rating period to foster positive community relations? Discuss the workings and make-up of the contractor’s community relations efforts as applied to the Statement of Work. Have you discussed the strengths and weaknesses?

BOP Narrative:

FACTOR

RATING:

Site Validity and Suitability

RATING:

During this rating period, has the contractor complied with all applicable local, state, national health, safety, environmental laws, regulations, Executive Orders, and building codes? Has the contractor maintained appropriate liability insurance? Are there any new areas of public concern within a ½ mile radius of the facility? Are zoning and occupancy permits still valid? Have you discussed the strengths and weaknesses?

BOP Narrative:

FACTOR

RATING:

Personnel

RATING:

How effective has the contractor been in ensuring adequate staff have been recruited, trained, and retained? Have staff met the annual training requirements? Are new staff receiving orientation within SOW guidelines? Have new staff received and signed for integrity guidelines? Have there been patterns of unresolved integrity issues during this rating period? Have you discussed the strengths and weaknesses?

BOP Narrative:

FACTOR

RATING:

Communications/Responsiveness

RATING:

Communication: During the specified rating period, has the contractor maintained open lines of communication with Bureau staff? Does the contractor establish and maintain effective communication with U.S. Probation and local authorities?

Responsiveness: Is the contractor responsive to Bureau requirements, directions, and requests for information? How well does the contractor deal with significant incidents?

Have you discussed the strengths and weaknesses?

BOP Narrative:

10. OVERALL ADJECTIVAL RATING:

BOP OVERALL ADJECTIVAL RATING NARRATIVE: (Ensure you discuss overall strengths and weaknesses.)

11. REGIONAL MANAGEMENT TEAM REPRESENTATIVE SIGNATURE & DATE:

Signature: Date:

12. CONTRACTING OFFICER’S SIGNATURE & DATE:

Signature: Date:

13. CONTRACTOR COMMENTS: CONTRACTOR SIGNATURE AND DATE:

(Authorized Negotiator Only)

9 I have reviewed the CEF and have no rebuttal comments.

9 I have reviewed the CEF and my rebuttal comments are attached.

14. Rebuttal comments have been reviewed by a supervisory contracting officer.

I have reviewed the rebuttal comments submitted by the contractor and make the following determination:

Signature: Date:

Printed Name:

Original: Official Contract File (maintained by Contracting Officer) CC: Field Office File/MCA and CCM

(This form may be replicated via WP)

FACTOR RATINGS ADJECTIVE / DESCRIPTION:

Very Good: Contractor’s performance meets or exceeds the requirements of the contract. One or more significant strengths exist. Weaknesses may exist, but none are considered significant and are easily correctable.

Acceptable: Contractor’s performance meets the contract’s minimum requirements. Contractor has demonstrated acceptable solutions for meeting the needs and objectives of the program. Strengths and weaknesses may exist. The weaknesses are correctable.

Poor: Contractor’s performance does not meet the requirements of the contract. Contractor’s performance has shown poor solutions for meeting the needs and objectives of the program. Weaknesses outweigh any strengths that may exist. The weaknesses are difficult to correct.

Unacceptable: Contractor’s performance fails to meet the requirements of the contract. Contractor’s performance shows unacceptable solutions for meeting the needs and objectives of the program. There are numerous weaknesses. The weaknesses will be very difficult to correct or are not correctable.

Each factor will have a written narrative that describes, in detail, performance during the specified rating period. The use of the monitoring reports for this period will be critical as the CEF should mirror the monitoring reports and summarize the strengths and weaknesses found during each facility inspection. Based on the narrative, an adjectival rating will be assigned to each factor. Once all factors have been rated, the overall rating will be determined by the rating most used. In the event of a tie, the COTR will provide an additional narrative (on an attached sheet of paper) thoroughly explaining/justifying the decision for the overall rating.

COMPLIANCE MATRIX

CRITERIA

PAST PERFORMANCE EVALUATION AREA

FACTOR: Accountability

The offeror’s record of performance and level of success in developing and implementing offender accountability programs.

PROPOSAL PREPARATION INSTRUCTIONS

The following past performance information shall be submitted in the offeror’s proposal.

1. The 5 most relevant contracts and/or subcontracts that were, or are currently being, performed in the past 3 years. “Relevant” refers to contracts which are of similar size, scope and complexity being acquired under this solicitation. Contracts listed may include those entered into by the Federal government, agencies of state and local government and commercial customers. Offerors that are newly formed entities without prior contracts will not be evaluated favorably or unfavorably on past performance. Offerors should note that the Government will conduct an assessment of the relevancy of the past performance contracts submitted by the offeror. Offeror’s past performance evaluations may be negatively impacted if they submit contracts in response to these instructions which are considered less relevant or irrelevant required under this solicitation.

2. Include the following information on each of the 5 past performance contracts submitted. The past performance submission for each of the 5 contracts shall not exceed 3 pages.

a. Name of the contracting activity

b. Contract number

c. Contract type

d. Total contract value (including options)

e. Contracting Officer name, telephone number, and e-mail address

f. Program Manager or Technical Representative name, telephone number, and email

g. Administrative Contracting Officer name, address, telephone number, and e-mail address.

h. A written narrative that describes the offeror’s record of performance and level of success on the contract in the following categories:

i. Developing and implementing offender accountability programs.

ii. Assisting offenders in successfully reentering the community. Your ability to leverage and network with other relevant community resources to offer offenders a more comprehensive and robust support system.

iii. Acquiring and maintaining public support for community corrections programs.

iv. Meeting mandated facility operational availability schedules.

v. Recruiting, training, and retaining an adequate staff of personnel with the necessary skills and integrity to ensure successful, continuous performance of the contract.

vi. Ensuring open communications about and timely response to customer needs and requirements.

Note: In describing record of performance and level of success in the above areas, the offeror is required, if applicable, to submit information on problems encountered on the contracts and/or subcontracts identified and the corrective actions taken to resolve the issues.

PAST PERFORMANCE EVALUATION AREA

FACTOR: Programs

The offeror’s record of performance and level of success in assisting offenders in successfully reentering the community. The offeror’s ability to leverage and network with other relevant community resources to offer offenders a more comprehensive and robust support structure.

Instruction listed above.

PAST PERFORMANCE EVALUATION AREA

FACTOR: Community Relations

The offeror’s record of performance and level of success in acquiring and maintaining public support for community corrections programs.

Instruction listed above.

PAST PERFORMANCE EVALUATION AREA

FACTOR: Personnel

The offeror’s record of performance and level of success in recruiting, training, and retaining an adequate staff of personnel with the necessary skills and integrity to ensure successful, continuous performance of the contract.

Instruction listed above.

PAST PERFORMANCE EVALUATION AREA

FACTOR: Communication and Responsiveness

The offeror’s record of performance and level of success in ensuring open communications about and rapid response to customer needs and requirements.

Instruction listed above.

TECHNICAL/MANAGEMENT EVALUATION AREA

FACTOR: Site Location SUBFACTOR: Site Validity and Suitability

The Site Validity and Suitability subfactor evaluates the proposed site location by considering the validity of the offeror’s right to use and zoning approval. The assessment of validity includes the nature of the interest and appropriate zoning as it relates to any potential risk it poses to the government. This subfactor also evaluates the suitability of the site location with regard to local area concerns and plans to mediate concerns, and the responsiveness to proximity requirements defined in the PWS or SOW (whichever is applicable) and RFP Section J.

The offeror shall submit official documentation that demonstrates they have a right to use, signed by both parties, zoning approval and, if applicable, an occupancy permit for their proposed site location. 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.

If not contained in the initial proposal, offerors shall provide the Contracting Officer with valid proof of all zoning and local ordinance requirements necessary for the operation of a Residential Reentry Center (RRC), or any other program specified in the Performance Work Statement (PWS) or Statement of Work (SOW) applicable to any and all proposed performance sites within 60 days after the date of the initial proposal submission. In addition, the offeror is required to maintain proper zoning throughout the life of the contract. An offeror’s failure to establish and maintain proof may result in elimination from the competitive range prior to award, and termination for default following award.

The offeror shall complete and submit the Local Area Concerns Within a Half-Mile Radius attachment, identifying facilities whose closeness to the RRC may raise public concern. For those public concerns identified, the offeror’s approach for mediating any potential community issues must be included in the space provided.

FACTOR: Site Location SUBFACTOR: Community Relations Program

The Community Relations Program subfactor evaluates the innovativeness, credibility, and comprehensiveness of the offeror’s proposed program for educating and interacting with the local community in order to acquire and maintain public support.

The offeror shall provide a Community Relations Plan which describes their approach for educating and interacting with the local community in order to acquire and maintain public support. The Plan shall not exceed 2 pages. Offeror shall ensure the Plan is relevant to the location required under this solicitation.

In responding to this factor, offerors shall also submit proof that the law enforcement agency with primary jurisdiction and at least two levels of local Government officials have been notified of their intent to open and operate a (RRC) Residential Reentry Center as identified in this solicitation.

The proof shall be a signed copy of each notification sent via registered or certified mail to the Chief Executive Officer of the law enforcement agency and two levels of public officials of the geographical area in which the proposed facility is located. The notification letter shall be the letter provided as an Attachment in Section J of the solicitation.

Offerors shall also submit documentation to evidence community support or acknowledgment for the location of the proposed site (e.g., letters of affirmation from public officials, minutes of community relations board meetings that indicate community support or acknowledgment for the proposed site, petitions of support, etc.). The documentation shall not be dated prior to the date the Request for Information (RFI) was posted in Federal Business Opportunities (FedBizOpps), nor shall it be from sources who have a direct financial or employment interest with the offeror. The intent of this requirement is to ensure the offeror has a positive and affirmative relationship in existence prior to establishing the site.

Additionally, offerors shall provide all information of any known opposition (e.g., newspaper articles, community resolutions or petitions, minutes from board meetings or zoning authorities) and a plan for mediating any known opposition that clearly demonstrates the offeror’s ability to successfully provide RRC services while maintaining public support.

TECHNICAL/MANAGEMENT EVALUATION AREA

FACTOR: Accountability

This factor evaluates the comprehensiveness, credibility, and innovativeness of the offeror’s offender accountability program. The offeror will be evaluated on the plans, procedures, and practices they will employ to ensure offenders are accurately accounted for at all times while:

(1) in the facility; (2) at work assignments; (3) in all other activities outside the facility; and (4) under home detention.

The offeror shall provide an Offender Accountability Plan that describes the plans, procedures, and practices they will employ to ensure that offenders are accurately accounted for while: (1) in the facility; (2) at work assignments; (3) in all other activities outside the facility;

and (4) under home detention. The offeror shall ensure the approach is relevant and applicable to the requirements under this solicitation.

The plan shall not exceed 5 pages in total. Offeror shall ensure the Plan is relevant to the location required under this solicitation.

FACTOR: Programs

This factor evaluates the quality, comprehensiveness, and innovativeness of the offeror’s plan for assessing the individual needs of each offender to assist their reentry into the community. This includes an evaluation of the offeror’s programs for assisting with employment, housing, and developing improved life skills to include, but not limited to, money management, parenting, and family reunification. This factor also includes an evaluation of the offeror’s understanding of and ability to leverage and network with other relevant community resources in order to offer a more comprehensive and robust support structure for the offender.

The offeror shall submit an Offender Reentry Program (ORP) plan, which provides a detailed description about their methods for assessing the individual needs of each offender to assist their reentry into the community, including the assessment instruments used. The ORP shall also describe the offeror’s approach for assisting with employment and housing, and developing improved life skills to include, but not limited to, money management, parenting and family reunification. The ORP shall also describe the offeror’s ability to leverage and network with other relevant community resources in order to offer a more comprehensive and robust support structure for the offender. If applicable, the ORP shall describe the offeror’s approach for operating a MINT program.

The description of the program shall not exceed 7 pages in total. Offerors responding to a solicitation for MINT services will be allowed 1 additional page for their response. Offeror shall ensure the ORP is relevant to the requirements under this solicitation.

If applicable, the offeror shall submit a summary of their Quality Control Plan, which ensures all requirements of the PWS will be achieved. This summary shall not exceed 4 pages in total.

FACTOR: Facility

This factor evaluates the offeror’s proposed facility with regard to (1) Facility design as indicated in the floor plans, site plans, and photographs; (2) degree of compliance to applicable local, state, national health, safety, environmental laws, regulations, Executive Orders, building codes, and the Performance Work Statement or Statement of Work (whichever is applicable); and (3) the soundness and credibility of the offeror’s plan for ensuring operational availability within 120 days after contract award.

Offeror shall provide a copy of architectural floor plans, site plans, and photographs (that are within 120 days of proposal submission) pursuant to the PWS or SOW (whichever is applicable). Offerors shall complete and submit the RRC Contract Facility Certificate of Compliance located in Section J. Offerors shall submit their plan for complying with the 120 day availability requirement. This plan should include a sequential list for the project that will demonstrate when major construction elements will be started and how long it is estimated to take to complete in order to demonstrate an ability to achieve a 120 day availability of the facility. This plan shall not exceed 5 pages. Offeror shall ensure the plan is relevant to the requirements under this solicitation.

Bureau of Prisons representatives will conduct an on-site inspection of offeror’s performance location and facility as part of the Government’s evaluation process. The purpose of this inspection is to obtain information for use in determining if the site is in compliance, or capable of being brought into compliance with the requirements of this solicitation.

FACTOR: Personnel

This factor evaluates the comprehensiveness, credibility, and innovativeness of the offeror’s approach for recruiting, training, and retaining an adequate staff of Community Correction Program (CCP) personnel that will have the necessary skills to ensure successful, continuous performance of the contract. This also includes evaluating the offeror’s plan for ensuring all personnel will be aware of and abide by the standards of employee conduct as defined by the PWS or SOW, Chapter 2 (whichever is applicable).

The offeror shall provide a Personnel Resources Plan (PRP) which describes the offeror’s approach for ensuring adequate staff are recruited, trained, and retained. The PRP shall also include the approach for ensuring all personnel will be aware of and abide by the standards of employee conduct as defined by the PWS or SOW, Chapter 2 (whichever is applicable). The PRP shall not exceed 3 pages. Offeror shall ensure the PRP is relevant to the requirements under the solicitation.

Offerors shall also provide a staffing pattern in conformance with PWS or SOW, Chapter 2 (whichever is applicable), and job descriptions for key personnel. This information may be included as an attachment. The Offeror shall also provide a list of the minimum personnel qualifications they will utilize for all employees who provide direct services to the inmates, including the facility director.

Submission Description Copies Page Limitations

Volume I: Technical/Management Original, 3 paper copies & via electronic format [Compact Disk in

Adobe Acrobat (pdf) format] (CD-

ROM/PDF)

Right to Use and Zoning Approval N/A

Local Area Concerns Within a Half-Mile Radius (IAW Attch., Section J)

N/A

Community Relations Plan 2

Community Notification Letters (IAW Attch., Section J) N/A

Documentation of Community Support N/A

Offender Accountability Plan 5

Offender Reentry Program Plan 7

Quality Control Plan Summary (If applicable) 4

Copy of Floor Plans, Site Plans, and Photographs N/A

RRC Contract Facility Certificate of Compliance (IAW Attch., Section J)

N/A

Plan for 120 day Availability 5

Personnel Resources Plan 3

Staffing Pattern (IAW SOW Chapter 2 if RRC or IAW PWS Section F if Performance Based)

N/A

Volume II: Business Proposal Completed Contract Sections:

A, B, and K

Original and 1 paper copy & via electronic format [Compact Disk in Adobe

Acrobat (pdf) format]

(CD-ROM/PDF

N/A

BOP Environmental Checklist Community Corrections Program (IAW Attch., Section J)

N/A

FBOP Service Contract Business Management Questionnaire (IAW Attch., Section J)

N/A

Volume III: Past Performance Original & via electronic format [Compact Disk in

Adobe Acrobat (pdf) format] (CD-

ROM/PDF

Not to Exceed 15 pages

RRC CONTRACT FACILITY

Certification of Compliance

RFP: ____________________________________________________________________

By my signature below, I certify that: (Enter facility name, address, and telephone number) complies with the most current local, state, and federal laws and regulations (or whichever is most stringent) concerning facility safety, zoning, occupancy, Architectural Barriers Act (or a reasonable accommodation has been made off-site), and air exchange as outlined in the Statement of Work and the Solicitation for the above reference RFP.

Printed Name: _______________________________________________

Printed Title:_________________________________________________

Signature:___________________________________________________

Date:_______________________________________________________

LOCAL AREA CONCERNS WITHIN A HALF-MILE RADIUS

The contractor shall identify nearby (e.g., within a half-mile radius) facilities whose closeness to the RRC might possibly raise public concern, including, but not limited to, schools, day-care centers, historical landmarks, and other residential facilities.

The following table must be fully completed with all appropriate information. There is no limitation established for the number of entries regarding those establishments within the half-mile radius.

Offeror’s Name & Address of Proposed Site: RFP #__________________

Business Name & Address Distance From Proposed Site

Offeror’s Narrative Concerning Possible Opposition Near Proposed Site

Offeror’s Name & Address of Proposed Site: RFP #____________________

Business Name & Address Distance From Proposed Site

Offeror’s Narrative Concerning Possible Opposition Near Proposed Site

UPDATED 1/1/2007

FEDERAL BUREAU OF PRISONS

SUBCONTRACTING PLAN

For small, small-disadvantaged, women-owned, HUBZone, veteran-owned, and service-disabled veteran-owned small businesses

The Federal Acquisition Regulation (FAR) Subpart 19.7, the Small Business Subcontracting Program, requires Other Than Small Business concerns, who are the apparent successful offerors, to submit an acceptable subcontracting plan that identifies the total planned dollars and percentage of the acquisition to be subcontracted to small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns. This subcontracting plan complies with Public Law 95-507, and the Department of Justice Procurement Guidance Document (PGD) 05-10 dated November 9, 2005.

The Bureau of Prisons (BOP) subcontracting goals are:

43.0%.....Small Business 6%......Small Disadvantaged Business 5.5%.....Women-Owned Small Business 3%….HUBZone Small Business 3%.....Service-Disabled Veteran-Owned & Veteran-Owned Small Businesses

If assistance is needed to locate small business sources, contact the BOP Small Business Program, Acquisitions Management Section, at (202) 307-0985.

Offeror/Contractor Identification Data

Company Name:

Address:

Date Prepared:

Solicitation Number:

Item/Service (Use this space to provide a general description and ‘Table A’ for specific details):

Place of Performance:

Total Contract Value: ___________________________________________________

1. TYPE OF PLAN: (Check only one)

_____INDIVIDUAL CONTRACT PLAN: This type of plan covers the entire contract period (including option periods), applies to a specific contract, and has goals that are based on the offeror’s planned subcontracting in support of the specific contract, except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract.

_____MASTER PLAN: This plan contains all the required elements of an individual plan, except goals, and may be incorporated into individual contract plans, provided the master plan has been approved.

_____COMMERCIAL PLAN: This type of plan (including goals) covers the offeror’s fiscal year and applies to the entire production of commercial items sold by either the entire company or a portion of the company (e.g. division, plant or product line).

2. GOALS:

FAR 19.704 (a) (1) and (2) requires percentage goals and total dollars planned to be subcontracted to small business, small disadvantaged business, women-owned small business, HUBZone small business, veteran-owned small business, and service-disabled veteran-owned small business concerns, as subcontractors for the base period and (if applicable) each option period.

A. Total estimated value of all planned subcontracting for each performance period, both in dollars and percentages for small and other than small business concerns, based on the overall aggregated value of the acquisition is:

Total Small Business + Other Than Small Business = 100% Base Period $ % $ % $ 1 Option Period $ % $ % $ st

2 Option Period $ % $ % $ nd

3 Option Period $ % $ % $ rd

4 Option Period $ % $ % $ th

( Total Small Business figures include amounts in B, C, D, E, and F below.)

B. Estimated value of planned subcontracting to small business concerns for each performance period, both in dollars and percentages is:

Base Period $ % 1 Option Period $ %st

2 Option Period $ %nd

3 Option Period $ %rd

4 Option Period $ %th

C. Estimated value of planned subcontracting to small disadvantaged business concerns for each performance period, both in dollars and percentages is:

Base Period $ % 1 Option Period $ %st

2 Option Period $ %nd

3 Option Period $ %rd

4 Option Period $ %th

D. Estimated value of planned subcontracting to women-owned small business concerns for each performance period, both in dollars and percentages is:

Base Period $ % 1 Option Period $ %st

2 Option Period $ %nd

3 Option Period $ %rd

4 Option Period $ %th

E. Estimated value of planned subcontracting to qualified HUBZone small business concerns for each performance period, both in dollars and percentages is:

Base Period $ % 1 Option Period $ %st

2 Option Period $ %nd

3 Option Period $ %rd

4 Option Period $ %th

F. Estimated value of planned subcontracting to qualified service-disabled veteran-owned AND veteran-owned small business concerns for each performance period, both in dollars and percentages is:

Base Period $ % 1 Option Period $ %st

2 Option Period $ %nd

3 Option Period $ %rd

4 Option Period $ %th

Note: If any contract has more than five performance periods, please attach additional sheets showing dollar amounts and percentages.

G. List the products and/or services to be subcontracted under this contract and the Contract Line Item Number (CLIN) in Table A. Then indicate with a checkmark the type(s) of Business Size or Category supplying those products and/or services.

Table A

Business Size or Category

Subcontracted Product/Service

CLIN Other Than Small Business

Small Business

Small Disadvantaged Business

Women Owned Small Business

HUBZone Small Business

Service-Disabled Veteran-Owned & Veteran-Owned Small Business

H. Explain the methods used to develop the subcontracting goals. Explain how the product and service CLINS to be subcontracted were established; how the areas to be subcontracted were determined; and how the capabilities were determined for small, small disadvantaged, women-owned, HUBZone, veteran-owned, and service-disabled veteran-owned small business concerns.

I. Indirect and overhead costs ______ HAVE BEEN ________HAVE NOT BEEN included in the dollar and percentage subcontracting goals stated above. (Check one)

J. If indirect and overhead costs HAVE BEEN included, explain the method used to determine the proportionate share of such costs to be allocated as subcontracts to small, small disadvantaged, women-owned, HUBZone, veteran-owned, and service-disabled veteran-owned small business concerns.

3. PROGRAM ADMINISTRATOR:

FAR 19.704(a)(7) requires information about the company employee who will administer the subcontracting program. Please provide the name, title, address, phone number, position within the corporate structure, and a description of the duties of that employee.

Name:

Title:

Address:

Telephone:

Position:

Duties:

The individual specific duties related to the company’s subcontracting program are as follows:

A. Developing and promoting company/division policy statements that demonstrate the company’s/division’s support for awarding contracts and subcontracts to small, small disadvantaged, women-owned, HUBZone, veteran-owned, and service-disabled veteran-owned small business concerns.

B. Developing and maintaining a bidders list of small, small disadvantaged, women-owned, HUBZone, veteran-owned, and service-disabled veteran-owned small business concerns from all possible sources.

C. Ensuring periodic rotation of potential subcontractors on bidders lists.

D. Assuring that small, small disadvantaged, women-owned, HUBZone, veteran-owned, and service-disabled veteran-owned small business concerns are included on the bidders list for every subcontract solicitation for products and services they are capable of providing.

E. Ensuring that subcontract procurement “packages” are designed to permit the maximum possible participation of small, small disadvantaged, women-owned, HUBZone, veteran-owned, and service-disabled veteran-owned small business concerns.

F. Reviewing subcontract solicitations to remove statements, clauses, etc., which might tend to restrict or prohibit small, small disadvantaged, women-owned, HUBZone, veteran-owned, and service-disabled veteran-owned small business participation.

G. Ensuring that the subcontract bid proposal review board documents its reasons for not selecting any low bids submitted by small, small disadvantaged, women-owned, HUBZone, veteran-owned, and service-disabled veteran-owned small business concerns.

H. Overseeing the establishment and maintenance of contract and subcontract award records.

I. Attending or arranging for the attendance of company counselors at Business Opportunity Workshops, Minority Business Enterprise Seminars, Trade Fairs, etc.

J. Directly or indirectly counseling small, small disadvantaged, women-owned, HUBZone, veteran-owned, and service-disabled veteran-owned small business concerns on subcontracting opportunities and how to prepare responsive bids to the company.

K. Providing notice to subcontractors concerning penalties for misrepresentations of business status as small, small disadvantaged, women-owned, HUBZone, veteran-owned, and service-disabled veteran-owned small business concerns for the purpose of obtaining a subcontract that is to be included as part or all of a goal contained in the contractor’s subcontracting plan.

L. Conducting or arranging training for purchasing personnel regarding the intent and impact of Public Law 95-907 on purchasing procedures.

M. Developing and maintaining an incentive program for buyers which supports the subcontracting program.

N. Monitoring the company’s performance and making any adjustments necessary to achieve the subcontract plan goals.

O. Preparing and submitting timely reports.

P. Coordinating the company’s activities during compliance reviews by Federal agencies.

4. EQUITABLE OPPORTUNITY

FAR 19.704 (a) (8) requires a description of the efforts your company will make to ensure that small, small disadvantaged, women-owned , HUBZone, veteran-owned, and service-disabled veteran-owned small business concerns will have an equitable opportunity to compete for subcontracts. The following efforts must be considered:

A. Outreach efforts to obtain sources:

• Contacting minority and small business trade associations;

• Contacting business development organizations;

• Attending small and minority business procurement conferences and trade fairs; and

• Requesting sources from the Central Contractor Registration - Dynamic Small

Business Search.

B. Internal efforts to guide and encourage purchasing personnel:

• Presenting workshops, seminars and training programs;

• Establishing, maintaining and using small, small disadvantaged, women-owned, HUBZone, veteran-owned, and service-disabled veteran-owned small business source lists, guides and other data for soliciting subcontracts; and

• Monitoring activities to evaluate compliance with the subcontracting plan.

C. Additional efforts: (Please describe)

5. CLAUSE INCLUSION AND FLOW DOWN

FAR 19.704 (a) (9) requires that your company include FAR 52.219-8, “Utilization of Small Business Concerns” in all subcontracts that offer further subcontracting opportunities. Your company must require all subcontractors, except small business concerns, that receive subcontracts in excess of $550,000 ($1,000,000 for construction) to adopt and comply with a plan similar to the plan required by FAR 52.219-9, “Small Business Subcontracting Plan.”

Your company agrees that the clause will be included and that the plans will be reviewed against the minimum requirements for such plans. The acceptability of percentage goals for small, small disadvantaged, women-owned, HUBZone, veteran-owned, and service-disabled veteran-owned small business concerns must be determined on a case-by-case basis depending on the supplies and services involved; the availability of potential small, small disadvantaged, women-owned, HUBZone, veteran-owned, and service-disabled veteran-owned small business subcontractors;

and prior experience. Once the plans are negotiated, approved, and implemented, the plans must be monitored through the submission of periodic, Individual Subcontracting Report (ISR) and Summary Subcontracting Report (SSR) entered into the Electronic Subcontracting Reporting System (eSRS) website at www.esrs.gov.

6. REPORTING AND COOPERATION

FAR 19.704 (a) (10) requires that your company (1) cooperate in any studies or surveys as may be required, and (2) submit periodic reports which show compliance with the subcontracting plan.

This reporting is defined in the memo dated December 1, 2005, from the BOP Procurement Executive:

“eSRS requires contractors to electronically submit their Subcontracting Reports for Individual Contracts (formerly the SF-294) and the Summary Subcontract Reports (formerly the SF-295) information directly to the government-wide database”. Below are the required dates for reporting this information to the government-wide database, http://www.esrs.gov/ .

Individual Subcontracting Reports (ISR) shall be submitted semi-annually, 30 days after the close of each reporting period (March 31 and September 30, respectively).

Summary Subcontract Report (SSR) shall be submitted annually, 30 days after the close of the fiscal year (September 30), or contract completion.

7. RECORD KEEPING

FAR 19.704 (a) (11) requires a description of the types of records your company will maintain to demonstrate the procedures adopted to comply with the requirements and goals in the subcontracting plan. The company agrees to maintain the following type of records:

A. Small, small disadvantaged, women-owned small, HUBZone small, veteran-owned, and service-disabled veteran-owned small business concerns source lists, guides, and other data identifying such vendors;

B. Organizations contacted for small, small disadvantaged, women-owned small, HUBZone small, veteran-owned, and service-disabled veteran-owned small business sources;

C. On a contract-by-contract basis, records on all subcontract solicitations resulting in awards of $100,000 are more indicating for each solicitation (1) whether small business concerns were solicited, and if not, why; (2) whether small disadvantaged business concerns were solicited, and if not, why; (3) whether women-owned small business concerns were solicited, and if not, why; (4) whether HUBZone small business concerns were solicited, and if not, why; (5) whether veteran-owned small business concerns were solicited, and if not, why; (6) whether veteran-owned service-disabled small business concerns were solicited, and if not, why; and (7) if applicable, the reason award was not made to a small business concern.

D. Records to support other outreach efforts, e.g., contacts with minority and small business trade associations, attendance at small and minority business procurement conferences and trade fairs;

E. Records to support internal activities to (1) guide and encourage purchasing personnel, e.g., workshops, seminars, training programs, incentive awards, and (2) monitor activities to evaluate compliance;

F. On a contract-by-contract basis, records to support subcontract award data including the name, address, business size, and ownership status of each subcontractor. (This is not required for commercial item/service subcontracting plans); and

G. Other records to support your compliance with the subcontracting plan: (Please describe)

8. TIMELY PAYMENTS TO SUBCONTRACTORS

FAR 19.702 requires companies to establish and use procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small, small disadvantaged, women-owned, HUBZone, veteran-owned, and service-disabled veteran-owned small business concerns.

The company agrees to establish and use such procedures.

9. DESCRIPTION OF GOOD FAITH EFFORT

The maximum practicable utilization of small, small disadvantaged, women-owned small, HUBZone small, veteran-owned, and service-disabled veteran-owned small business concerns as subcontractors in Government contracts is a matter of national interest with both social and economic benefits. When a contractor fails to make a good faith effort to comply with a subcontracting plan these objectives are not achieved, and 15 U. S. C. 637 (d) (4) (F) directs that liquidated damages shall be paid by the contractor.

In order to demonstrate your compliance with a good faith effort to achieve the small, small disadvantaged, women-owned, HUBZone, veteran-owned, and service-disabled veteran-owned small business subcontracting goals, outline the steps your company plans to take.

10. SIGNATURES REQUIRED

This subcontracting plan SUBMITTED by:

Contractor’s Signature:

Typed Name:

Title:

Date:

This subcontracting plan REVIEWED AND APPROVED by:

Signature:

Typed Name:

Title: BOP Small Business Representative

Date:

This subcontracting plan ACCEPTED by:

Signature:

Typed Name:

Title: Contracting Officer

Date:

WD 95-0263 (Rev.-23) was first posted on www.wdol.gov on 02/08/2011

FL/HH/MS

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON, D.C. 20210

Shirley F. Ebbesen Division of Wage | Wage Determination No: 1995-0263 Director Determinations | Revision No: 23 | Date Of Revision: 02/03/2011 State: New Jersey Area: New Jersey Counties of Essex, Hudson, Morris, Sussex, Union

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

Food & Lodging:

07041 - Cook I 13.97 07042 - Cook II 16.90 07070 - Dishwasher 10.05 07130 - Food Service Worker 10.75 07260 - Waiter/Waitress 10.05 11060 - Elevator Operator 10.05 11210 - Laborer, Grounds Maintenance 10.75 11240 - Maid or Houseman 10.75 99030 - Cashier 10.75 99050 - Desk Clerk (see 1) 10.75

Halfway House & Residential Community Treatment:

01011 - Accounting Clerk I 13.80 01012 - Accounting Clerk II 14.64 01111 - General Clerk I 12.87 01311 - Secretary I 15.88 01611 - Word Processor I 12.87 07041 - Cook I 13.97 07042 - Cook II 16.90 07070 - Dishwasher 10.05 07130 - Food Service Worker 10.75 11150 - Janitor 10.75 11210 - Laborer, Grounds Maintenance 10.75 11240 - Maid or Houseman 10.75 23370 - General Maintenance Worker 14.96 27101 - Guard I 12.27 27102 - Guard II 13.26 99050 - Desk Clerk (see 1) 12.14

Moving & Storage:

21020 - Forklift Operator 13.97 21050 - Material Handling Laborer 12.02 21110 - Shipping Packer 13.97 21410 - Warehouse Specialist 13.97 31361 - Truckdriver, Light 13.97 31362 - Truckdriver, Medium 14.96 31363 - Truckdriver, Heavy 15.93

2/15/2011http://www.wdol.gov/wdol/scafiles/non-std/95-0263.sca

31364 - Truckdriver, Tractor-Trailer 16.90

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $3.50 per hour or $140.00 per week or $606.67 per month

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 years, 4 weeks after 15 years, and 5 weeks after 25 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility.

(Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of eleven paid holidays per year: New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174)

THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE

FOLLOWING:

1) Rates are applicable only under the appropriate occupational category.

** UNIFORM ALLOWANCE **

If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms.