Amendment 0001 to RFP-200-1138-MA.pdf

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0001 03/29/2011 2841 Moore

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

Federal Bureau of Prisons Community Corrections Contracting Office Federal Correctional Complex Butner Old NC Highway 75 Butner, NC 27509

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP ("J) 9A. AMENDMENT OF SOLICITATION NO Code) RFP 200-1138-MA

"J 9B. DATED (See Item 11)

03/29/2011

10A. MODIFICATION OF CONTRACT/ORDER NO.

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

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

[ X I The above number solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers [ I is extended, [ X I is not extended.

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

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

12. ACCOUNTING AND APPROPRIATION DATA (lfrequired)

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

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

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

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

14. PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

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

D. OTHER (Specify typa of modification and authority)

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

14, DESCRIPTION OF AMENDMENT/MODIFICA TlON (Organized by UCF section headings, inCluding Solicitation/contract subjeCt matter where feasible).

RFP 200-1138-MA. for Residential Re-Entry Center (RRC) services located within the city limits of Durham, North Carolina, is hereby amended as follows:

1) In Section I, Federal Acquisition Regulation (FAR) clause 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) is hereby added and incorporated by reference.

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

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

Jan R. Johns

15B. CONTRACTOR/OFFEROR

(Signature ofperson authorized to sign)

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

SIGNED

03/29/2011

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

83) PREVIOUS EDITION UNUSABLE Prescribed by GSA

FAR (48 CFR) 53.243

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AMENDMENT OF SOLICIT ATION/MODIFICATION OF CONTRACT - Continuation CODE 2 I 5

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4. REQUISITION 1PURCHASE REQ. NO.

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

2) In Section I, FAR clause 52.244-6, incorporated by reference, is hereby updated to: Subcontracts for Commercial Items (DEC 2010).

3) In Section I, the following FAR clause 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (JAN 2011) is hereby added to this solicitation and incorporated in full text.

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

(a)(1) 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 infonmation in the Central Contractor Registration database at http://www.ccr.gov.

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

(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 infonmation posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, 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 perfonmance reviews, will be publioly available.

(End of Clause)

4) In Section K, the following Federal Acquisition Regulation (FAR) provisions, incorporated in full text, are updated as follows: (updates are in bolded text)

52.204-8 Annual Representations and Certifications (Jan 2011)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is ________ [inserl NAICS code].

(2) The small business size standard is [inserl size standardj.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) Ifthe clause at 52.204-7. Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2. Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(8) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

http:http://www.ccr.gov

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(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than 000, NASA, and the Coast Guard.

(B) The provision with its Alternate' applies to solicitations issued by 000, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xiv) 52.223-4, Recovered Material Certification. This provision applies to soliCitations that are for, or specify the use of, EPA designated items.

(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvi) 52.225-4, Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate. (Basic. Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25.000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67.826. the provision with its Alternate II applies.

(xvii) 52.225-6. Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.

(xix) 52.225-25, Prohibition on Engaging in Sanctioned Activities Relating to Iran-Certification. This provision applies to all solicitations.

(xx) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to

(A) Solicitations for research. studies. supplies. or services of the type normally acquired from higher educational institutions; and

(B) For 000. NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation

Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

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[Contracting Officer check as appropriate.] _ (i) 52.219-22, Small Disadvantaged Business Status.

_(A) Basic.

_ (B) Alternate I.

_ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

_ (iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

_ (iv) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Certification.

_ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products

(Alternate I only).

_ (vi) 52.223-13, Certification of Toxic Chemical Release Reporting.

_ (vii) 52.227-6, Royalty Information.

_(A) Basic.

_ (B) Alternate I.

_ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications

Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current. accurate. complete. and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation). as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR CLAUSE # TrrLE DATE CHANGE

Any changes provided by the offeror are applicable to this solicitation only. and do not result in an update to the representations and certifications posted on ORCA.

(End of provision) and

52.209-7 Information Regarding Responsibility Matters (JAN 2011)

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

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

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

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

http:http://orca.bpn.gov

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

(b) The offeror [1 has [1 does not have current active Federal contracts and grants with total value greater than $10,000,000.

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

(End of Provision)

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