03 - SF-33 RFP 200-1129-NC.pdf

SOLICITATION, OFFER, AND AWARD 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS

(15 CFR 700)

RATING OMB Clearance Control Number : 1103-0018

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

RFP-200-1129-NC

SEALED BID (IFB)

X NEGOTIATED

4. TYPE OF SOLICITATION 5. DATE

ISSUED

05/09/2011

6. REQUISITION/PURCHASE

NUMBER

CODE CO

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

WASHINGTON, DC 20534

7. ISSUED BY

Federal Bureau of Prisons Central Office

320 FIRST STREET NW

Room 5005

WASHINGTON, DC 20534

8. ADDRESS OFFER TO (If other than Item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

L.5 320 First St. NW Room 5005 17:00:00 07/07/2011

(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 all terms and conditions contained in this solicitation.

9. Sealed offers in original and ____________ 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 located in ______________________________________________________ until ________________ local time _________________

10. FOR

INFORMATION

CALL:

A. NAME

Edgar Stanton

AREA CODE

NUMBER

307-3070

EXT.

B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

edgar.stanton@bop.gov

11. TABLE OF CONTENTS

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

PART I - SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 3 X I CONTRACT CLAUSES 12

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

X C DESCRIPTION/SPECS./WORK STATEMENT 94 X J LIST OF ATTACHMENTS 50

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

X E INSPECTION AND ACCEPTANCE 7 X K REPRESENTATIONS CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

X F DELIVERIES OR PERFORMANCE 2

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

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

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.

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.

12.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS(%)

0.00 %

20 CALENDAR DAYS(%)

0.00 %

30 CALENDAR DAYS(%)

0.00 %

0 CALENDAR DAYS(%)

0.00 %

14. ACKNOWLEDGEMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF

OFFEROR

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

OFFER (Type or Print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXT.

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT

$0.00

21. ACCOUNTING AND APPROPRIATION

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

CODE24. ADMINISTERED BY (if other than Item 7) CODE NCR

Federal Bureau of Prisons North Central Regional Office ATTN: Community Corrections

400 STATE AVENUE, TOWER II, SUITE 800

KANSAS CITY, KS 66101

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA 28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

RFP-200-1129-NC Page 1 of 38

Table of Contents

Section Description Page Number

A Solicitation/Contract Form B Supplies or Services and Prices/Costs C Description/Specifications/Statement of Work D Packaging and Marking E Inspection and Acceptance

52.246-4 Inspection of Services--Fixed-Price (Aug 1996) F Deliveries and Performance G Contract Administration Data H Special Contract Requirements I Contract Clauses

52.202-1 Definitions (July 2004) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant Against Contingent Fees (Apr 1984) 52.203-6 Restrictions On Subcontractor Sales To The Government (Sept 2006) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (Jan 1997) 52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity (Jan 1997) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (Aug 2000) 52.215-2 Audit and Records--Negotiation (Oct 2010) 52.215-8 Order of Precedence--Uniform Contract Format (Oct 1997) 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other than Pensions (July 2005) 52.216-21 Requirements (Oct 1995) 52.216-21 Alt I Requirements (Oct 1995)- Alternate I (Apr 1984) 52.217-2 Cancellation Under Multiyear Contracts (Oct 1997) 52.219-8 Utilization of Small Business Concerns (Jan 2011) 52.222-3 Convict Labor (June 2003) 52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation (July 2005) 52.222-21 Prohibition of Segregated Facilities (Feb 1999) 52.222-26 Equal Opportunity (Mar 2007) 52.222-41 Service Contract Act of 1965. (Nov 2007) 52.222-43 Fair Labor Standards Act and Service Contract Act - Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) 52.222-50 Combating Trafficking in Persons (Feb 2009) 52.222-54 Employment Eligibility Verification (Jan 2009) 52.223-6 Drug Free Workplace (May 2001) 52.223-18 Contractor Policy to Ban Text Messaging While Driving (Sep 2010) 52.224-1 Privacy Act Notification (Apr 1984) 52.224-2 Privacy Act (Apr 1984) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) 52.227-1 Authorization and Consent (Dec 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007) 52.229-3 Federal, State and Local Taxes (Apr 2003) 52.232-1 Payments (Apr 1984) 52.232-8 Discounts For Prompt Payment (Feb 2002) 52.232-9 Limitation on Withholding of Payments (Apr 1984) 52.232-11 Extras (Apr 1984) 52.232-18 Availability Of Funds (Apr 1984) 52.232-23 Assignment Of Claims (Jan 1986) 52.232-25 Prompt Payment (Oct 2008) 52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003) 52.233-1 Alt I Disputes (July 2002)- Alternate I (Dec 1991) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.242-13 Bankruptcy (July 1995) 52.242-15 Stop-Work Order (Aug 1989) 52.243-1 Alt I Changes--Fixed Price (Aug 1987)- Alternate I (Apr 1984) 52.246-25 Limitation of Liability--Services (Feb 1997) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (May 2004) 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) 52.253-1 Computer Generated Forms (Jan 1991)

RFP-200-1129-NC Page 2 of 38

52.219-9 Small Business Subcontracting Plan (Jan 2011) 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

52.27-103-72 DOJ RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)

52.203-14 Display of Hotline Poster(s) (Dec 2007) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (JAN 2011). 20 52.215-19 Notification of Ownership Changes (Oct 1997) 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011). 22 52.219-28 Post-Award Small Business Program Rerepresentation (Apr 2009) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010). . . 23 52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984) 52.244-6 Subcontracts for Commercial Items (Oct 2010)

J List of Attachments K Representations, Certifications and Other Statements of Offerors

52.225-25 Prohibition on Engaging in Sanctioned Activities Relating to Iran--Certification (Sep 2010)

L Instructions, Conditions and Notices to Offerors

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005). . . 29

52.215-1 Instructions to Offerors--Competitive Acquisition (Jan 2004) 52.216-1 Type of Contract (Apr 1984) 52.233-2 Service of Protest (Sept 2006) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)

M Evaluation Factors for Award 52.217-5 Evaluation of Options (July 1990)

RFP-200-1129-NC Page 3 of 38

Section B - Supplies or Services and Prices/Costs

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001a To provide Non-Secure Juvenile services for males in the Sioux Falls, South Dakota area (Minnehaha, Lincoln, Turner, McCook, Lake, and Moody counties).

BASE PERIOD: 09/01/2012 - 08/31/2014

4,380 Inmate Days

4,380.000000 DY $____________ $___________________

0001b To provide Non-Secure Juvenile services for males in the Sioux Falls, South Dakota area (Minnehaha, Lincoln, Turner, McCook, Lake, and Moody counties).

OPTION YEAR ONE: 09/01/2014 - 08/31/2015

2,190 Inmate Days

2,190.000000 DY $____________ $___________________

0001c To provide Non-Secure Juvenile services for males in the Sioux Falls, South Dakota area (Minnehaha, Lincoln, Turner, McCook, Lake, and Moody counties).

OPTION YEAR TWO: 09/01/2015 - 08/31/2016

2,190 Inmate Days

2,196.000000 DY $____________ $___________________

0001d To provide Non-Secure Juvenile services for males in the Sioux Falls, South Dakota area (Minnehaha, Lincoln, Turner, McCook, Lake, and Moody counties).

OPTION YEAR THREE: 09/01/2016 - 08/31/2017

2,190 Inmate Days

2,190.000000 DY $____________ $___________________

Clauses By Full Text

B.1 SERVICES AND PRICES/COSTS

(a) Contractor shall provide Non-Secure Juvenile Facility services for males in the Sioux Falls, South Dakota area (Minnehaha, Lin-coln, Turner, McCook, Lake, and Moody). The services will be provided on an indefinite delivery, requirements type contract, with firm-fixed unit prices according to the estimate outlined above.

The Government intends to refer all eligible non-secure juvenile facility requirements under this solicitation to the successful contract-

or. The estimated requirements with respect to gender are as follows:

100 percent Male

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

Fixed price per Regular Inmate days: 80 percent

Home Confinement Inmate days: 20 percent

Furloughed Inmate days: Less than 1 percent

Offerors are advised that all usage amounts shown are estimates only. These estimates are not a representation by the Government to

RFP-200-1129-NC Page 4 of 38 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.

The per diem rates for inmates placed on home confinement and furlough shall be one-half of the regular per diem rate. (In the event that one-half per diem rate does not divide evenly, round the cents column down.)

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]

RFP-200-1129-NC Page 5 of 38

Section C - Description/Specifications/Statement of Work

Clauses By Full Text

C.1 STATEMENT OF WORK/SPECIFICATION

A description of the services to be performed is given in the Statement of Work (see attachment) in this section identified as: Contract Non-Secure Juvenile Facility, Amended February 2004, Modified May 2005, Locally Modified August 2008.

RFP-200-1129-NC Page 6 of 38

Section D - Packaging and Marking

This Section Is Intentionally Left Blank

RFP-200-1129-NC Page 7 of 38

Section E - Inspection and Acceptance

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 of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and con-venient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the 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-

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

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

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of clause)

(End of Section)

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-200-1129-NC Page 8 of 38

Section F - Deliveries and Performance

F.2 DELIVERIES

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

[END OF SECTION]

F.3 PERFORMANCE

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

(b) The anticipated periods of performance are:

Base Period: 09/01/2012 through 08/31/2014

Option Year 1: 09/01/2014 through 08/31/2015

Option Year 2: 09/01/2015 through 08/31/2016

Option Year 3: 09/01/2016 through 08/31/2017

(c) The contract shall be effective from date of award through August 31, 2014 with the Government's unilateral right to exercise three individual option periods in accordance with the terms of this 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 award by May 4, 2012. The initial performance period will depend on the actual date of award and the issuance of a written award or acceptance of offer mailed or otherwise furnished to the successful offeror to result in a binding contract.

F.4 PLACE OF PERFORMANCE

(a) The Place of Performance is: In the Sioux Falls, South Dakota area (Minnehaha, Lincoln, Turner, McCook, Lake, and Moody counties).

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

TINATION.

RFP-200-1129-NC Page 9 of 38

RFP-200-1129-NC Page 10 of 38

Section G - Contract Administration Data

G.1 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE

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

(1) 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:

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

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

(3) Change any of the expressed terms, conditions, fixed price, or time for contract performance. Any such revisions shall be 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 (1) 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 of departure. The day of a resident's escape or absconding from custody or supervision shall be considered the day of departure for billing purposes. (See Section C, SOW, Chapter 22. Escapes, Deaths, and Significant Incidents).

G.3 BILLING PROCEDURE

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

RFP-200-1129-NC Page 11 of 38

(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

400 State Avenue, Tower II, Suite 800

Kansas City, Kansas 66101

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 Minor-Use Facilities.

Facility Director

Case Manager

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 31st 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://www.arnet.gov/ and http://esrs.gov/.

RFP-200-1129-NC Page 12 of 38

Section H - Special Contract Requirements

H.1 CHANGE IN KEY PERSONNEL

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

The proof 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 of the 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 of the Statement of Work. The contractor will be advised of identified areas of non-compliance and will be required to correct the non-compliant areas in accordance with the 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 enforcement/ geopolitical notification; and (4) evidence that the Bureau of Prisons will receive some benefit for modifying the contract to change the place of performance.

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

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

For purposes of this provision, a "necessary local official" means an employed or elected person whose opinion, approval, or 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-200-1129-NC 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 Non-Secure Juvenile Contract Services Facilities in a variety of ways and is governed by the Department's regulation guaranteeing "Equal Treatment For Faith-Based Organizations" [28 CFR 38.1(b)] as well as by federal constitutional and statutory law.

(1) An offender may ask for a time and place to individually pray, study, or worship. Federal law requires that a federally-funded 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 paragraphed 2) from the services provided under the contract and if attendance or participation by offenders is voluntary. For example, the BOP permits-but would not reimburse a contractor to provide offenders with a chaplain to assist offenders who request spiritual counsel, prayer, instruction from a sacred text, or the opportunity to worship. Unless specifically requested in the solicitation, such services should not be included as part of a proposal and will not be considered in the evaluation process.

RFP-200-1129-NC Page 14 of 38

Section I - Contract Clauses

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far

Clause Title

52.253-1 Computer Generated Forms (Jan 1991)

52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (May 2004)

52.246-25 Limitation of Liability--Services (Feb 1997)

52.243-1 Alt I Changes--Fixed Price (Aug 1987)- Alternate I (Apr 1984)

52.242-15 Stop-Work Order (Aug 1989)

52.242-13 Bankruptcy (July 1995)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.233-3 Protest after Award (Aug 1996)

52.233-1 Alt I Disputes (July 2002)- Alternate I (Dec 1991)

52.232-9 Limitation on Withholding of Payments (Apr 1984)

52.232-8 Discounts For Prompt Payment (Feb 2002)

52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003)

52.232-25 Prompt Payment (Oct 2008)

52.232-23 Assignment Of Claims (Jan 1986)

52.232-18 Availability Of Funds (Apr 1984)

52.232-11 Extras (Apr 1984)

52.232-1 Payments (Apr 1984)

52.229-3 Federal, State and Local Taxes (Apr 2003)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007)

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)

RFP-200-1129-NC Page 15 of 38

Clause Title

52.224-1 Privacy Act Notification (Apr 1984)

52.223-6 Drug Free Workplace (May 2001)

52.223-18 Contractor Policy to Ban Text Messaging While Driving (Sep 2010)

52.222-54 Employment Eligibility Verification (Jan 2009)

52.222-50 Combating 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 Service Contract Act of 1965. (Nov 2007)

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

52.222-3 Convict Labor (June 2003)

52.222-26 Equal Opportunity (Mar 2007)

52.222-21 Prohibition of Segregated Facilities (Feb 1999)

52.219-9 Small Business Subcontracting Plan (Jan 2011)

52.219-8 Utilization of Small Business Concerns (Jan 2011)

52.217-2 Cancellation Under Multiyear Contracts (Oct 1997)

52.216-21 Alt I Requirements (Oct 1995)- Alternate I (Apr 1984)

52.216-21 Requirements (Oct 1995)

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

52.215-2 Audit and Records--Negotiation (Oct 2010)

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other than Pensions (July 2005)

52.204-4 Printed or Copied Double-Sided on Recycled Paper (Aug 2000)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (Jan 1997)

52.203-6 Restrictions On Subcontractor Sales To The Government (Sept 2006)

52.203-5 Covenant Against Contingent Fees (Apr 1984)

52.203-3 Gratuities (Apr 1984)

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity (Jan 1997)

52.202-1 Definitions (July 2004)

Clauses By Full Text

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

Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I.1. Long-Term

RFP-200-1129-NC Page 16 of 38

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 I-9, OMB No.

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

b. Contractor Personnel must appear in person at least once before a DOJ 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 of each 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:

1) Favorable review of the 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 of the above waiver requirements.If the NAC is not received within five days of OPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau of Invest-igation Criminal History Check (i.e., fingerprint check results). e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the 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 DOJ that short-term contractors having access to DOJ information systems and/or DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items 1a. and 1b. above. The pre-appointment waiver re-quirements for short-term contractors are:

a. Favorable review of the security questionnaire form; b. Favorable fingerprint results; c. Favorable credit report, if required;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 and/ or DOJ 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 11, 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. If an 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 last five years), favorably adjudicated BI meeting HSPD-12 and DOJ's BI requirements.

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

Notes:

RFP-200-1129-NC Page 17 of 38

1. FIPS 201 is available at: www.csrc.nist.gov/publications/fips/fips201/FIPS-201-022505.pdf

2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or 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 1, a favorable review of a credit check is required as part of the 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 1, a favorable review of a credit check is required as part of the pre-appointment waiver package.

[End of Clause]

[END OF SECTION]

52.27-103-72 DOJ RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)

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

1. 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.

If the 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

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

[End of Clause]

52.203-14 Display of Hotline Poster(s) (Dec 2007)

(a) Definition.

"United States," as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)--

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites--

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

Poster(s) Obtain from DOJ Fraud Hotline Poster

Office of In-spector Gener-al (OIG), Fraud Detec-tion Office, ATTN: Poster Request, 1300 N 17th Street, RFP-200-1129-NC Page 18 of 38

Ste. 3200, Ar-lington, VA 22209

(Contracting Officer shall insert- (i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster); and

(ii) The website(s) or other contact information for obtaining the poster(s).)

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed $5,000,000, except when the subcontract--

(1) Is for the acquisition of a commercial item; or

(2) Is performed entirely outside the United States.

(End of clause)

52.204-7 Central Contractor Registration (Apr 2008)

(a) Definitions. As used in this clause--

"Central Contractor Registration (CCR) database"means the primary Government repository for Contractor information required for the conduct of business with the Government.

"Data Universal Numbering System (DUNS) number"means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering System +4 (DUNS+4) number"means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

"Registered in the CCR database"means that--

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR data-base; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record"Active". The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation"DUNS"or"DUNS +4"followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number--

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an of-feror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

RFP-200-1129-NC Page 19 of 38

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not re-gistered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registra-tion, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)(1)(i) If a Contractor has legally changed its business name,"doing business as"name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minim-um of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the re-quirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Con-tracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR in-formation that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect inform-ation within the meaning of the "Suspension of Payment"paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separ-ately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment"paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at ht-tp://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

(End of clause)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (JAN 2011)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration data-base at http://www.ccr.gov.

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

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

(3)(i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act pro-cedures, including, where appropriate, procedures promulgated under E.O. 12600.

(ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past per-formance reviews, will be publicly available.

(End of Clause)

52.215-19 Notification of Ownership Changes (Oct 1997)

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

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

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