03_-_RFP-200-1245-CS_Solicitation _Eastern _Kentucky.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-200-1245-CS

SEALED BID (IFB)

X NEGOTIATED

4. TYPE OF SOLICITATION 5. DATE

ISSUED

10/24/2014

6. REQUISITION/PURCHASE

NUMBER

CODE BCO

Federal Bureau of Prisons Central Office Residential Reentry Contracting

320 FIRST STREET NW 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 14:00:00 12/24/2014

(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

AREA CODE NUMBER EXT.

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

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 2 X I CONTRACT CLAUSES 10

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

X C DESCRIPTION/SPECS./WORK STATEMENT 136 X J LIST OF ATTACHMENTS

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 OFFEROR 5X G CONTRACT ADMINISTRATION DATA 4

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(%)

20 CALENDAR DAYS(%)

30 CALENDAR DAYS(%)

0 CALENDAR DAYS(%)

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 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 BNCR Federal Bureau of Prisons Central Office Central Office Accounting

320 FIRST STREET NW 5009

WASHINGTON DC 20534

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-200-1245-CS Page 1 of 60

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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

G.8 CPARS Contractor Evaluation Factors and Rating

Descriptions

H Special Contract Requirements

I Contract Clauses

J List of Attachments

K Representations, Certifications and Other Statements of Offerors

L Instructions, Conditions and Notices to Offerors. . 30

52.222-24 Pre-award On-Site Equal Opportunity

Compliance Evaluation (Feb 1999)

M Evaluation Factors for Award

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 Re-Entry Center

(RRC) Services and Home Detention

Services in Pulaski, Laurel, Whitley,or

Knox Co. Kentucky.

0.000000 DY

0001a In-House RRC Services - Base Year:

09/01/2015 through 08/31/2016 (Leap Year)

Guaranteed Minimum: 5,490 inmate days

Estimated Maximum: 9,882 inmate days

9,882.00 DY

0002a Home Detention Services - Base Year

09/01/2015 through 08/31/2016 (Leap Year)

Guaranteed Minimum: 1,098 inmate days

Estimated Maximum: 2,196 inmate days

2,196.00 DY

0001b In-House RRC Services - Option Year 1

09/01/2016 through 08/31/2017

Guaranteed Minimum: 5,475 inmate days

Estimated Maximum: 9,855 inmate days

9,855.00 DY

0002b Home Detention Services - Option Year 1

09/01/2016 through 08/01/2017

Guaranteed Minimum: 1,095 inmate days

Estimated Maximum: 2,190 inmate days

2,190.00 DY

0001c In-House RRC Services - Option Year 2

09/01/2017 through 08/31/2018

9,855.00 DY

0002c Home Detention Services - Option Year 2

09/01/2017 through 08/31/2018

2,190.00 DY

0001d In-House RRC Services - Option Year 3

09/01/2018 through 08/31/2019

9,855.00 DY

0002d Home Detention Services - Option Year 3

08/01/2018 through 07/31/2019

2,190.00 DY

0001e In-House RRC Services - Option Year 4

09/01/2019 through 08/31/2020 (Leap Year)

Guaranteed Minimum: 5,490 inmate days

Estimated Maximum: 9,882 inmate days

9,882.00 DY

0002e Home Detention Services - Option Year 4

09/01/2019 through 08/31/2020 (Leap Year)

Guaranteed Minimum: 1,098 inmate days

Estimated Maximum: 2,196 inmate days

2,196.00 DY

Clauses by Full Text

B.1 Services and Prices/Costs

Contractor shall provide Residential Re-Entry Center (RRC) services (for In-House RRC beds) and Home Detention Services

(for Home Detention placements) for male and female Federal offenders held under the authority of various United States

Statutes located within the Eastern District of Kentucky, within one of the following counties: Pulaski, Laurel, Whitley, Knox or Clay.

The services will be provided on an Indefinite-delivery, indefinite-quantity type contract with firm-fixed unit prices according to the guaranteed minimum quantities and estimated maximum quantities outlined above.

It is in the Government's best interest to restrict Line Item

0001 and Line Item 0002 to one award. Line 0001 is for RRC services and Line 0002 Home Detention services. Both services included in Line Items 0001 and 0002 will be awarded to one provider due to each type of services being interconnected and relying upon each other to ensure adequate programming and case management of offenders. Therefore, with this solicitation, the

Government intends to award one contract for In-House RRC services and Home Detention services. The Government reserves the right to award without discussions and to make an award which is deemed to be in the best interest of the Government.

"RRC services" (for in-house RRC beds) as defined by the statement of work for this requirement. "Home Detention

Services” (for home detention placements) as defined in Chapter

10, programming, and in all other applicable references in the statement of work for home detention services. Offerors will be required to submit separate pricing data for the In-House RRC inmate days and Home Detention inmate days.

The minimum requirement for all services included in Line Item

0001 will be satisfied by the Government with both male and female offenders. For Home Detention services, male and female quantities are combined for a total minimum guarantee and a total maximum estimate, which can be comprised of either males or females. For In-House RRC services, the guaranteed minimum & estimated maximum quantities with respect to gender are as follows:

Male In-House RRC Beds:

Guaranteed Minimum: 80 percent male for the Base Year and each of the four, one-year Option Periods (if options are exercised)

Estimated Maximum: 81 percent male for the Base Year and each of the four, one-year Option Periods (if options are exercised).

Female In-House RRC Beds:

Guaranteed Minimum: 20 percent female for the Base Year and each of the four, one-year Option Periods (if options are exercised)

Estimated Maximum: 19 percent female for the Base Year and each of the four, one-year Option Periods (if options are exercised).

Offerors are advised that all usage amounts above the guaranteed minimum are estimates only. These estimates above the guaranteed minimum 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 above the guaranteed minimum do not constitute a Bureau of Prisons (BOP) usage guarantee or a guarantee of revenue to the offeror. Payment shall be made for actual consumption/usage.

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.

Services are required to be provided in accordance with Part I, Section C, the SOW, with documentation as required.

[END OF SECTION]

Section C- Description/Specifications/Statement of Work

C.1 Statement of Work/Specification

A description of the In-House RRC services and the Home

Detention services to be performed are given in the Statement of

Work (see attachment) in the section identified as: Residential

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;

Revision 6, January 2012, RRMB; and Revision 07, February 2012, RRMB; Revision 08, January 2013, RRMB.

Section D - Packaging and Marking

This Section Is Intentionally Left Blank

Section E - Inspection and Acceptance

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 address:

www.acquisition.gov/far/.

Clause Title

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

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).

http://www.acquisition.gov/far/

Section F – Deliveries and Performance

Clause 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 address:

www.acquisition.gov/far/.

Clause Title

52.242-15 Stop-Work Order(Aug 1989)

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 task orders by a warranted Contracting Officer in the Residential Re-Entry

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: 09/01/2015 through 08/31/2016

Option Year 1: 09/01/2016 through 08/31/2017 Option Year 2: 09/01/2017 through 08/31/2018 Option Year 3: 09/01/2018 through 08/31/2019 Option Year 4: 09/01/2019 through 08/31/2020

(c) The contract shall be effective from date of award through

August 31, 2016 with the Government's unilateral right to exercise four individual option periods in accordance with the terms of this contract.

(d) Performance requirements above the guaranteed minimum of this solicitation and resulting contract are estimates only.

These estimates above the guaranteed minimum are not representations to offerors or contractors that the estimated maximum requirements (anything above the guaranteed minimum) will be ordered.

http://www.acquisition.gov/far/

(e) The anticipated period(s) of performance are based on the assumptions that funds are available and the Government will make award by March 23, 2015. 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 Eastern District of Kentucky, within one of the following counties: Pulaske,Laurel,Whitley, Knox or

Clay.

(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}

Section G - Contract Administration Data

G.1 Contracting Officer's Representative

52.21-603-70 Contracting Officer’s Representative (COR) (June

2012)

(a) The RRM or his successor, is hereby designed as the

Contracting Officer’s Representative (COR) under this contract.

(b) The COR is responsible, as applicable, FOR: receiving all deliverables, inspecting and accepting the supplies or services provided here under in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contractor effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COR does not have the authority to alter the contractor’s obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a contractual obligations or the Scope of

Work, the Contracting Officer shall issue such changes.

2) In all instances in G.1, G.3 and H.2, change the

Contracting Officer’s Technical Representative (COTR) to the

Contracting Officer’s Representative (COR).

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 Government 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 (July 2013), payment will be made via Electronic Funds Transfer to the account designated by the Contractor.

(c) For reimbursements not covered in the computed In-House RRC and/or Home Detention per inmate day rates (i.e., hospital, prescriptions, etc.) which have been authorized by the COR, a separate invoice shall be submitted. (d) Submit Invoices to:

Federal Bureau of Prisons

Attn: Residential Reentry Office

U.S. Customs House

701 Broadway Street

Suite 124 Nashville, TN 37203

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 Moderate-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 the SF-294, and Summary Subcontracting Report (SSR), formerly the SF-295, as applicable. Pursuant to FAR 19.704, the BOP 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 otherwise 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 reporting period.

Additional information concerning the Electronic Subcontracting

Reporting System (eSRS) program can be located at www.acquisition.gov/far/ and www.esrs.gov.

G.7 Evaluation of Contractor Performance Utilizing CPARS (Apr

2011)

The services, although not directly supervised, shall be reviewed by BOP staff to ensure contract compliance. The contractor's performance will be evaluated in accordance with

FAR 42.15. Contract monitoring reports will be prepared by the

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.

G.8 CPARS Contractor Evaluation Factors and Rating Descriptions

Contractor performance will be assessed using seven (7) evaluation factors as follows:

FACTOR: ACCOUNTABILITY

Has the contractor ensured that offenders are accurately accounted for while (1) in the facility; (2) at work assignments; (3) in all other activities outside the facility?

Is the approach tailored to the geographic area? Have there been any patterns or unresolved breaches of accountability during this rating period? Have you discussed the strengths and weaknesses, and the effectiveness of any corrective actions?

FACTOR: PROGRAMS

Does the contractor have a process for assessing the individual needs of each offender to assist with their reentry into the community? Has the contractor initiated the Transitional Skills http://www.acquisition.gov/far/ http://www.esrs.gov/ mailto:webptsmh@navy.mil

Journaling program? How well does the contractor administer the program? How effective has the process been this rating period in assisting offenders to find employment and housing, and to develop skills to prepare the offender for reentry and prevent them from returning to a criminal lifestyle? How effective and extensive is the community resources network? What are the methods or avenues taken to obtain medical or mental health treatment? Have you discussed the strengths and weaknesses, and the effectiveness of any corrective actions?

FACTOR: COMMUNITY RELATIONS

Does the contractor have a process for educating and interacting with the local community in order to acquire and maintain public support? What efforts have been made during this rating period to foster positive community relations? Discuss the workings and make-up of the contractor's community relations efforts. During this rating period have there been any concerns relating to the contractor's position in the community? Have you discussed the strengths and weaknesses, and the effectiveness of any corrective actions?

FACTOR: SITE VALIDITY AND SUITABILITY

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

FACTOR: PERSONNEL

How effective has the contractor been in ensuring competent staff have been recruited, trained, and retained? Have staff met the annual training requirements? Is new staff receiving orientation in accordance with SOW requirements? Have new staff received and signed for integrity guidelines? Are there any concerns involving staff integrity? Have you discussed the

FACTOR: COMMUNICATION/RESPONSIVENESS

Communication: During the rating period, has the contractor maintained open lines of communication with BOP staff? Does the contractor establish and maintain effective communication with

U.S. Probation and local authorities?

Responsiveness: Is the contractor responsive to BOP requirements, directions, and requests for information? How well does the contractor deal with significant incidents? Have you discussed the strengths and weaknesses, and the effectiveness of any corrective actions?

FACTOR: HOME DETENTION

How effective has the contractor been in ensuring that all residents are appropriately referred and placed on home detention as soon as eligible and appropriate? How well does the contractor administer the home detention program? Has the contractor ensured that offenders are accurately accounted for while on home detention? How effective has the process been this rating period in assisting offenders to find employment and to develop skills to prepare the offender for reentry and prevent them from returning to a criminal lifestyle? How effective and extensive is the community resources network? What are the methods or avenues taken to obtain medical or mental health treatment? Are inmates in the Home Detention Program offered case management and programming opportunities consistent with their program plan and needs? Have you discussed the

The Government shall consider both positive and negative attributes in the areas above and provide a written narrative for each that describes the contractor's strengths and weaknesses, and the effectiveness of any corrective actions, during each of the contract's reporting periods (generally, a one-year term beginning with the start of the Base Period).

Strengths equate to performance that exceeds contract requirements and show definite and measurable benefit to the

Government. Weaknesses equate to performance problems that do not meet contract requirements and result in negative impact on the Government. The CPAR will include all information from facility monitoring reports and any corrective actions taken by the contractor and the effectiveness of those corrective actions taken. All applicable information up to and including the close of each monitoring conducted during the specified rating period will be included in the narrative. Based on the narrative, an adjectival rating will be assigned to each factor. Once all factors have been rated, the overall rating will be an objective rating that most accurately reflects the overall performance of the facility. In CPARS, the overall rating will be denoted as

"Quality of Product or Service". The Government will provide a detailed explanation outlining the justification for the overall rating.

In accordance with FAR Part 42, the contractor will be given an opportunity to submit comments, rebutting statements, or additional information in response to an evaluation in CPARS.

The ultimate conclusion on the performance evaluation is the decision of the Government.

The ratings and associated descriptions for the factors above are as follows:

Exceptional: Contractor's performance exceeds requirements of the contract in many areas. Benefits to the Government/BOP are identifiable. Minor problems may exist. Corrective actions are highly effective.

Very Good: Contractor's performance meets requirements of the contract and exceeds requirements in some areas. Benefits to the

Government/BOP are identifiable. Problems may exist, but are minor. Corrective actions are effective.

Satisfactory: Contractor's performance meets contract requirements. Some minor problems exist, but the contractor has satisfactory corrective actions in place.

Marginal: Contractor's performance does not meet some of the requirements of the contract. Contractor's performance has shown there are problems resulting in a negative impact on service delivery (a negative impact on the Government). Problems are serious, but recovery is still possible. Corrective actions have shown to be marginally effective and/or not fully implemented.

Unsatisfactory: Contractor's performance fails to meet most of the requirements of the contract. Contractor's performance shows there are problems resulting in a negative impact on service delivery (a negative impact on the Government). Problems are serious, and recovery is unlikely. Corrective actions are ineffective and/or not fully implemented.

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 Residential Re-Entry 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 proposed 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) has 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 SOW 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 3, when notifying the abovementioned officials.]

(c) Subsequent to award the contractor shall notify the COR advising of any request to change facility locations. The BOP will inspect the contractor's place of performance to ensure compliance with the Safety and Sanitation requirements of the

SOW. 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 SOW and reasonable guidance provided by the COR. 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 COR. 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 BOP 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 COR, 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 concurrence 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 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) A RRC contractor may offer inherently religious services to offenders outside of, and in addition to, its contract with the

Government 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 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.

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 address:

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 (JUL 2014) 52.243-1 Alt I Changes--Fixed Price (Aug 1987)- Alternate I (Apr 1984)

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 (MAY 2014)- 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--System for Award Management (Jul 2013)

52.232-25 Prompt Payment (Jul 2013)

52.232-23 Assignment Of Claims (MAY 2014) 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 (Feb 2013)

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 (Aug 2013)

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. (MAY 2014) 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 (MAY 2014) 52.222-37 Employment Reports Veterans (JUL 2014) http://www.acquisition.gov/far/

BOP00443

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BOP00443

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BOP00443

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BOP00443

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52.222-36 Affirmative Action for Workers with Disabilities (JUL 2014) 52.222-35 Equal Opportunity for Veterans (JUL 2014) 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 (Jul 2013)- Alternate II

(Oct 2001)

52.219-8 Utilization of Small Business Concerns (MAY 2014) 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 Proposed for

Debarment (Aug 2013)

52.203-3 Gratuities (Apr 1984)

52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (Sept

2006)

52.203-7 Anti-Kickback Procedures (Oct 2010)

52.203-8 Cancellation, Recession, and Recovery of Funds for Illegal or Improper Activity (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity

(MAY 2014)

52.203-12 Limitation on Payments to Influence Certain Federal

Transactions (OCT 2010)

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

52.203-17 Contractor Whistleblower Rights and Requirements to inform

Employees of Whistleblower Rights (APR 2014) 52.204-4 Printed or Copied Double-sided on Post consumer Fiber

Content Paper (MAY 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards (JUL 2013)

52.204-12 Data Universal Numbering System Maintenance (DEC 2012)

52.204-13 System for Award Management (JUL 2013)

52.209-6 Protecting the Government’s Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment (AUG 2013)

52.215-9 Changes or Additions to Make-or-Buy Program (OCT 1997)

52.215-11 Price Reduction for Defective Certified Cost or Pricing

Data-Modifications (AUG 2011)

52.221-1 Notice to the Government of Labor Disputes (FEB 1997)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.232-40 Providing Accelerated payments to Small Business

Subcontractors (DEC 2013)

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Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014)

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 (BI)(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; 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) 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 Investigation 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 requirements for short-term contractors are:

a. Favorable review of the security questionnaire form;

b. Favorable fingerprint results;

c. Favorable credit report, if required; and

d. Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commensurate 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 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 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 access.

c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contractor, 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:

1. FIPS 201 is available at:

http://csrc.nist.gov/publications/fips/fips201-1/FIPS-201-1-chng1.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 investigation, 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.

http://csrc.nist.gov/publications/fips/fips201-1/FIPS-201-1-chng1.pdf http://csrc.nist.gov/publications/fips/fips201-1/FIPS-201-1-chng1.pdf

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 commitment, 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.

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

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:

Office of Inspector General (OIG), Fraud Detection 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 (Jul 2013)

(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 (CCR) database at www.ccr.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…