03_RFP-200-1192-NC_Solicitation.pdf

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 F Deliveries and Performance G Contract Administration Data H Special Contract Requirements I Contract Clauses

52.244-6 Subcontracts for Commercial Items (Dec 2010)

52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS(DEVIATION) (AUG 2012)

52.249-4 Termination for Convenience of the Government (Services) (Short Form) (Apr 1984) 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.252-6 Authorized Deviations in Clauses (Apr 1984)

J List of Attachments K Representations, Certifications and Other Statements of Offerors L Instructions, Conditions and Notices to Offerors

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

M Evaluation Factors for Award

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Section B - Supplies or Services and Prices/Costs

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 To provide Residential Reentry Center Services within the boundaries of Hennepin County, Minnesota or Ramsey County, Minnesota

Base Period 12/01/2013 - 11/30/2014

Guaranteed Minimum: 7,300 Inmate Days Estimated Maximum: 21,900 Inmate Days

21,900.000000 DY $____________ $___________________

0001a To provide Residential Reentry Center Services for adult male and female offenders within the boundaries of Hennepin County or Ramsey County, in Minnesota

Option Year 1: 12/01/2014 through 11/30/2015

Guaranteed Minimum: 7300 Inmate Days Estimated Maximum: 21900 Inmate Days

21,900.000000 DY $____________ $___________________

0001b To provide Residential Reentry Center Services for adult male and female offenders within the boundaries of Hennepin County or Ramsey County, Minnesota.

Option Year 2: 12/01/2015 through 11/30/2016 (Leap Year)

Guaranteed Minimum: 7320 Inmate Days Estimated Maximum: 21960 Inmate Days

21,960.000000 DY $____________ $___________________

0001c To provide Residential Reentry Center Services for adult male and female offenders within the boundaries of Hennepin County or Ramsey County, Minnesota

Option Year 3: 12/01/2016 through 11/30/2017

Guaranteed Minimum: 7300 Inmate Days Estimated Maximum: 21900 Inmate Days

21,900.000000 DY $____________ $___________________

0001d To provide Residential Reentry Center Services for adult male and female offenders within the boundaries of Hennepin County or Ramsey County, Minnesota.

Option Year 4: 12/01/2017 through 11/30/2018

Guaranteed Minimum: 7300 Inmate Days Estimated Maximum: 21900 Inmate Days

21,900.000000 DY $____________ $___________________

0002 To provide Residential Reentry Center Services for male and female offenders within the boundaries of Hennepin County, Minnesota or Ramsey County, Minnesota

Base Period 12/01/2013 - 11/30/2014

Guaranteed Minimum: 7,300 Inmate Days Estimated Maximum: 21,900 Inmate Days

21,900.000000 DY $____________ $___________________

0002a To provide Residential Reentry Center Services for adult male and female offenders within the boundaries of Hennepin County, or Ramsey County, Minnesota

Option Year 1 12/01/2014 - 11/30/2015

Guaranteed Minimum: 7,300 Inmate Days Estimated Maximum: 21,900 Inmate Days

21,900.000000 DY $____________ $___________________

0002b To provide Residential Reentry Center Services for adult male and female offenders within the boundaries of Hennepin County, Minnesota or Ramsey County, Minnesota

Option Year 2 12/01/2015 - 11/30/2016 (Leap Year)

Guaranteed Minimum: 7,320 Inmate Days Estimated Maximum: 21,960 Inmate Days

21,960.000000 DY $____________ $___________________

0002c To provide Residential Reentry Center Services for male and female offenders within the boundaries of Hennepin County, Minnesota or Ramsey County, Minnesota

Option Year 3 12/01/2016 - 11/30/2017

Guaranteed Minimum: 7,300 Inmate Days Estimated Maximum: 21,900 Inmate Days

21,900.000000 DY $____________ $___________________

RFP-200-1192-NC Page 3 of 39

0002d To provide Residential Reentry Center Services for adult male and female offenders within the boundaries of Hennepin County, Minnesota or Ramsey County, Minnesota

Option Year 4 12/01/2017 - 11/30/2018

Guaranteed Minimum: 7,300 Inmate Days Estimated Maximum: 21,900 Inmate Days

21,900.000000 DY $____________ $___________________

Clauses By Full Text

Section B B.1 Services and Prices/Costs

(a) Contractor shall provide Residential Reentry Center (RRC) services for male and female Federal offenders held under the au-thority of various United States Statutes located within the boundaries of Hennepin County, Minnesota or Ramsey County, Min-nesota. The services will be provided on an indefinite delivery, indefinite quantity type contract with firm-fixed unit prices according to the estimates outlined above.

There are two line items contained in this solicitation. Multiple sites of performance will be accepted. It is possible that both line items could be successfully addressed by a single offeror. It is also possible that the line items might be addressed by more than one offeror. If multiple awards are made, we are restricting one award per line item. If multiple awards are made under this solicitation, offenders will be placed according to the proximity of their release address and by assessing the specific programming needs of the of-fender, all at the discretion of the Residential Reentry Management Office. The estimated requirements with respect to gender are as follows:

80 percent Male 20 percent Female

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

Fixed price per Regular Inmate days: 80 percent Home Detention 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 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 ac-tual consumption/usage.

Per diem rates for inmates placed on home detention and furlough shall be one half the full per diem rate. (In the event one half the per diem rate does not divide evenly, round the cents column down).

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

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

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.

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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: Resid-en-tial Reentry Center, August 2007; Revision 01, December 2007, CCB; Revision 02, December 2008, CCB; Revision 03, February 2010, CCB, Revision 04, May 2010, CCB; Revision 05, May 2011, CCB; Modified by NCR RMT January 2009.

[END OF SECTION]

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Section D - Packaging and Marking

This Section Is Intentionally Left Blank

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Section E - Inspection and Acceptance

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).

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Section F - Deliveries and Performance

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.acquisition.gov/far

Clause Title 52.242-15 Stop-Work Order (Aug 1989)

Clauses By Full Text

F.2 Deliveries

In accordance with FAR 16.505(a) and the clause located at FAR 52.216-18 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 Residential Reentry Center Contracting Section, Washington, DC.

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: 12/1/2013 through 11/30/2014 Option Year 1: 12/1/2014 through 11/30/2015 Option Year 2: 12/1/2015 through 11/30/2016 Option Year 3: 12/1/2016 through 11/30/2017

Option Year 4: 12/1/2017 through 11/30/2018

(c) The contract shall be effective from date of award through November 30, 2014. with the Government's unilateral right to exer-cise four 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 August 2, , 2013. 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.

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F.4 Place of Performance

a) The Place of Performance is: Within the boundaries of Hennepin County Minnesota, or Ramsey County Minnesota.

(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

DESTINATION.

[END OF SECTION}

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Section G - Contract Administration Data

G.1 Contracting Officer's Technical Representative

(a) The local Residential Reentry Manager (RRM), or his successor, is designated as the Contracting Officer's Technical Representative.

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

(1) Directions to the contractor which redirect the contract effort, shift work emphasis between areas or tasks, require pursuit of certain 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 au-thorized 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 paragraph (b), he must direct such request to the Contracting Officer. The Contracting Officer will handle such request within applic-able laws and regulations.

(e) During the term of the contract, the Contracting Officer, or his successor, shall administer the contract on behalf of the Gov-ernment. 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 Gov-ernment 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 18, Escape Procedures).

G.3 Billing Procedure

(a) The Government will make payments to the Contractor on a monthly basis, promptly after receipt of an appropriate invoice.

Invoices must include the appropriate contract number.

(b) In accordance with FAR 52.232-33, Payment by Electronic Funds Transfer Central Contractor Registration (Oct 2003), payment will be made via Electronic Funds Transfer to the account designated by the Contractor.

(c) For reimbursements not covered in the computed per inmate day rate (i.e., hospital, prescriptions, etc.) which have been authorized by the COTR, a separate invoice shall be submitted.

(d) Submit Invoices to:

Federal Bureau of Prisons

RFP-200-1192-NC Page 10 of 39

Attn: Residential Reentry 400 State Avenue Tower II, Suite 800 Kansas City, KS 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 Major Use Facilities:

Facility Director

Case Manager

Social Services Coordinator

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 theSF-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 oth-erwise 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 re-quired 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 reporting period.

Additional information concerning the Electronic Subcontracting Reporting System (eSRS) program can be located at http://www.acquistion.gov/far and http://esrs.gov/.

G.6 Evaluation of contractor Performance Utilizing CPARS (APR 2011)

The services, although not directly supervised, shall be reviewed by Federal Bureau of Prisons (BOP) staff to ensure contract compli-ance. The contractor’s performance will be evaluated in accordance with Federal Acquisition Regulation (FAR) 42.15. Contract monitoring reports will be prepared by the Contracting Officer’s Technical Representative (COTR) or Contract Monitor (CM) and maintained in the contract file.

In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit it to the Past Performance Information Retrieval System (PPIRS). The BOP utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to provide contractor performance evaluations. The contractor shall provide and maintain a current e-mail address throughout the life of the contract. The contractor will receive an e-mail from the Focal Point thru the following website address webptsmh@navy.mil when the contractor is registered in CPARS. The e-mail will contain a “user ID” and temporary password to register in the CPARS system. The contractor must be registered to access and review its evaluation and/or provide a response. If assistance is required when registering, please contact the Contracting Staff/Focal Point.

(End of Clause)

RFP-200-1192-NC Page 11 of 39

RFP-200-1192-NC Page 12 of 39

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 Community Corrections Manager. The Contractor shall submit evidence that the qualifications of the prospective replacement per-sonnel 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 proposed facility. Acceptable evidence of right to use is limited to deeds, leases, bills of sale, options to lease, options to buy, contin-gency 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 enforcement 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 con-currence as to the propriety of the use of proposed sites is required under any and all applicable laws of the city, town, village, or municipality in which the RRC is to be located.

H.3 Protected Religious Activities

Protected Religious Activities. Religious exercise can come up in Residential Reentry Centers (RRC's) in a variety of ways and is 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 Contractor allow offenders in an RRC reasonably frequent opportunity to engage on their own in these "inherently religious activit-ies" 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, RFP-200-1192-NC Page 13 of 39 when the religious activity occurs in a separate time or location from the services provided under the contract and if attendance or par-ticipation 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 popula-tion.

(3) An RRC Contractor may offer inherently religious services to offenders outside of, and in addition to, its contract with the Gov-ernment as long as the services are offered in a separate time or location (as defined above in paragraph 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 reim-burse a contractor to provide offenders with a chaplain to assist offenders who request spiritual counsel, prayer, instruction from a sac-red 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.

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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.acquisition.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) (Apr 2012)

52.248-1 Value Engineering (Oct 2010)

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

52.244-6 Subcontracts for Commercial Items (Dec 2010)

52.242-13 Bankruptcy (July 1995)

52.237-3 Continuity Of Services (Jan 1991)

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)

52.232-17 Interest (Oct 2010)

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)

RFP-200-1192-NC Page 15 of 39

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

52.224-2 Privacy Act (Apr 1984)

52.224-1 Privacy Act Notification (Apr 1984)

52.223-6 Drug Free Workplace (May 2001)

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving (Aug 2011)

52.222-54 Employment Eligibility Verification (Jul 2012)

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)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

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

52.222-37 Employment Reports Veterans (Sep 2010)

52.222-36 Affirmative Action for Workers with Disabilities (Oct 2010)

52.222-35 Equal Opportunity for Veterans (Sep 2010)

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 Alt II Small Business Subcontracting Plan (Jan 2011)- Alternate II (Oct 2001)

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

52.219-4 Notice of Price Evaluation preference for HUBZone Small Business Concerns (Jan 2011)

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

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

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing

Data--Modifications (Oct 2010)

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)

52.215-15 Pension Adjustments and Asset Reversions (Oct 2010)

52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications (Oct 2010)

52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--Modifications (Aug 2011)

52.210-1 Market Research (APR 2011)

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

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Clause Title Proposed for Debarment (Dec 2010)

52.204-7 Central Contractor Registration (Aug 2012)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012)

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

52.203-7 Anti-Kickback Procedures (Oct 2010)

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)

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

52.203-12 Limitation On Payments To Influence Certain Federal Transactions (Oct 2010)

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

52.202-1 Definitions (Jan 2012)

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 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 contractor 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 picture 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 preappointment BI waiver requirements for all position sensitivity levels are a: 1) Favorable review of the security question-naire 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 In-vestigation Criminal History Check (i.e., fingerprint check results).

e. Badge revalidation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges is-sued 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.

RFP-200-1192-NC Page 17 of 39 above. The preappointment 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 commen-surate 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 issuance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecut-ive 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 re-quirements 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 example, 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 con-tractor, 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 reapproved each year.

4. An individual transferring from another department or agency shall not be readjudicated 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:

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 invest-igation, 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 preappointment waiver package.

4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating in-vestigations 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)

52.27-103-72 DOJ Contractor 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 com-mitment, 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; or

3. 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 in-formation 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)

RFP-200-1192-NC Page 18 of 39

(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, Suite 3200, Arlington, 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)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a

RFP-200-1192-NC Page 19 of 39 semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration data-base via https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments -

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by -

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for -

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

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

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the is-sue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also 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 com-ments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past perform-ance reviews, will be publicly available.

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

(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 ownership.

(b) The Contractor shall--

RFP-200-1192-NC Page 20 of 39

(1) Maintain current, accurate, and complete inventory records of assets and their costs;

(2) Provide the ACO or designated representative ready access to the records upon request;

(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor's ownership changes; and

(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Con-tractor ownership change.

(c) The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability require-ment of FAR 15.408(k).

(End of clause)

52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the date established by the notice to proceed through a period not to exceed the last day of the base period as set forth in Sections B and F, or the last day of an option period, if ex-ercised, as set forth in Sections B and F.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1, the Gov-ernment is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of 43,800 inmate days for the one-year Base Period; 43,800 inmate days for Option Year One; 43,920 inmate days for Option Year Two; 43,800 inmate days for Option Year Three; and 43,800 inmate days for Option Year Four;

(2) Any order for a combination of items in excess of 43,800 inmate days for the one-year Base Period; 43,800 inmate days for Option Year One; 43,920 inmate days for Option Year Two; 43,800 inmate days for Option Year Three; and 43,800 inmate days for Option Year Four; or

(3) A series of orders from the same ordering office within 365 days that together call for quantities exceeding the limitation in para-graph (b)(1) or (2) of this section.

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

RFP-200-1192-NC Page 21 of 39

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limita-tions in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quant-ity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of or-ders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple loca-tions.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Con-tractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Con-tractor shall not be required to make any deliveries under this contract after the last day of the base period or the last day of any exer-cised option periods.

(End of clause)

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Of-ficer may exercise the option by written notice to the Contractor within the current performance period.

(End of clause)

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

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

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

RFP-200-1192-NC Page 22 of 39

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

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

(End of clause)

52.219-28 Post-Award Small Business Program Rerepresentation (Apr 2012)

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

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

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

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

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause,…