Standard_Form_33_-_Solicitation.pdf

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

(15 CFR 700)

RATING

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

RFP-200-1303-WS

SEALED BID (IFB)

X NEGOTIATED

4. TYPE OF SOLICITATION 5. DATE

ISSUED

04/20/2015

6. REQUISITION/PURCHASE

NUMBER

CODE BCO

Federal Bureau of Prisons Residential Reentry Contracting Section

320 FIRST STREET NW

WASHINGTON, DC 20534

William Prebble

(O) (202)307-2541 wprebble@bop.gov

7. ISSUED BY 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 11/16/2015

(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

William Prebble

AREA CODE

(202)

NUMBER

307-2541

EXT.

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

wprebble@bop.gov

11. TABLE OF CONTENTS

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

PART I - SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 2 X I CONTRACT CLAUSES 13

X B SUPPLIES OR SERVICES AND PRICES/COSTS 1 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH

X C DESCRIPTION/SPECS./WORK STATEMENT 1 X J LIST OF ATTACHMENTS 1

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

X E INSPECTION AND ACCEPTANCE 1 X K REPRESENTATIONS CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

X F DELIVERIES OR PERFORMANCE 2

X L INSTRS., CONDS., AND NOTICES TO OFFERORS 6X G CONTRACT ADMINISTRATION DATA 4

X M EVALUATION FACTORS FOR AWARD 5X H SPECIAL CONTRACT REQUIREMENTS 3

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

In compliance with the above, the undersigned agrees, if this offer is accepted within _______________________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

12.

13. DISCOUNT FOR PROMPT PAYMENT

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

10 CALENDAR DAYS(%)

0.00 %

20 CALENDAR DAYS(%)

0.00 %

30 CALENDAR DAYS(%)

0.00 %

0 CALENDAR DAYS(%)

0.00 %

14. ACKNOWLEDGEMENT OF AMENDMENTS

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

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF

OFFEROR

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

OFFER (Type or Print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXT.

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 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

Federal Bureau of Prisons Accounting Operations 320 1st Street NW, Room 5009 Washington, DC 20534

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print) Linda Townsel

(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-200-1303-WS Page 1 of 45

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

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) J List of Attachments K Representations, Certifications and Other Statements of Offerors L Instructions, Conditions and Notices to Offerors

52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation (Feb 1999) 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

Clauses By Full Text

B.1 Services and Prices/Costs

The contract resulting from this solicitation will be a Firm Fixed-Price contract for services.

The period of performance for any contract which the Government may award under the terms and conditions of the RFP will be for a one-year base period with four one-year option periods. Offerors must submit pricing for the base period and each option period. Ser-vices are required to be provided in accordance with Section C, Statement of Work, with documentation as required.

Contractor shall provide Residential Reentry Center (RRC) Services (for In-House RRC beds) and Home Confinement Services (for Home Confinement placements) for male and female Federal offenders held under the authority of various United States statutes. The facility shall be located in Midland, TX.

RRC In-House Services will consist of 90 bed facility (Male beds – 70 / Female beds – 20 Home Confinement placements will consist of 45 placements (combined male and female offenders)

The services will be provided on a Firm-Fixed Price Service type contract with a one year base period, and four one-year option peri-ods. Offerors will be required to submit separate pricing for each of the following requirements: RRC In-House beds and Home Con-finement placements.

It is the intent of the Government to award Line Items 0001 (RRC In-House beds) and 0002 (Home Confinement placements) to a single provider as these services are interconnected and rely upon each other to ensure adequate programming and case management of offenders.

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.

Pursuant to FAR 17.203(b) and (d), the Government's evaluation shall be inclusive of options and offerors may offer varying prices for options.

For the purpose of price evaluation and according to the above instructions, offerors must submit their proposed prices under the Pri-cing Schedule (see attachment No. 1).

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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: Residen-tial Reentry Center, May 2015.

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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.1 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.2 Performance Summary Table

Please see attached table (5 pages).

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

(a) Definition. "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Govern-ment during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and con-venient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the ser-vices again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be cor-rected by reperformance, the Government may--

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

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

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

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

(2) Terminate the contract for default.

(End of clause)

RFP-200-1303-WS Page 6 of 45

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.1 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 Bureau anticipates the period of performance to begin approximately on or by 12/01/2016. However, due to the nature of the procurement this date is approximate.

Therefore, the anticipated periods of performance are:

Base Period: Date of performance through 12 months

Option Year 1: 13 months through 24 months

Option Year 2: 25 months through 36 months

Option Year 3: 37 months through 48 months

Option Year 4: 49 months through 60 months

(c) The contract shall be effective from date of award. The period of performance shall be effective from date of performance through 12 months, with the Government's unilateral right to exercise four individual option periods in accordance with the terms of this con-tract.

(d) The anticipated period(s) of performance are based on the assumptions that funds are available. 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 suc-cessful offeror to result in a binding contract.

RFP-200-1303-WS Page 7 of 45

F.2 Place of Performance

(a)The Place of Performance is: Midland, TX. Home Confinement services will be within 150 miles radius of the RRC.

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

DES-TINATION.

RFP-200-1303-WS Page 8 of 45

Section G - Contract Administration Data

G.1 Contracting Officer's Representative

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

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

(1) Directions to the contractor which re-direct the contract effort, shift work emphasis between areas or tasks, require pursuit of cer-tain lines of inquiry, fill in details or otherwise serve to accomplish the contractual scope of work.

(2) Supply information to the Contractor which assists in the interpretation of technical portions of the Statement of Work.

(3) Review, inspect, and accept reports and information to be provided by the Contractor to the Government under the contract.

(4) Evaluate the performance and certify all invoices for payment.

(c) Technical direction must be within the general scope of work stated in the contract. The COR does not have authority to, and may not issue, any direction which:

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

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

(3) Change any of the expressed terms, conditions, fixed price, or time for contract performance. Any such revisions shall be author-ized in writing only by the Contracting Officer.

(d) In the event the COTR desires a change to the contract within one or more of the categories as defined in (1) through (3) of para-graph (b), he must direct such request to the Contracting Officer. The Contracting Officer will handle such request within applicable laws and regulations.

(e) During the term of the contract, the Contracting Officer, or his successor, shall administer the contract on behalf of the Govern-ment. Technical matters which cannot be resolved by the Contractor and the COR 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 monthly rates identified in the schedule.

G.3 Billing Procedure

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

(b) In accordance with FAR 52.232-33, Payment by Electronic Funds Transfer - System for Award Management (Jul 2013), payment will be made via Electronic Funds Transfer to the account designated by the Contractor.

RFP-200-1303-WS Page 9 of 45

(c) The contractor shall submit a separate invoice for reimbursements which have authorized by the COR (i.e., hospital, prescriptions, ect.) that are not covered in the fixed monthly rate for In-house RRC or Home Confinement Services.

(d) Submit Invoices to:

Federal Bureau of Prisons

727 E. CESAR E. CHAVEZ BLVD., SUITE B-138

SAN ANTONIO, TX 78206

G.4 Key Personnel

In accordance with the clause entitled "Change in Key Personnel" included in Section H.1, the following positions are considered key personnel for Major-Use Facilities:

Facility Director

Case Manager

Social Services Coordinator

Employment Placement Specialist

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-er-wise directed by the Contracting Officer. Normally, these deadlines are April 30th for the period ending March 31st and October 30th for the period ending September 30th. A separate report is also due within 30 days after contract completion. Reports are 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 re-porting period.

Additional information concerning the Electronic Subcontracting Reporting System (eSRS) program can be located at www.acquisition.gov/far.

G.6 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 ac-

RFP-200-1303-WS Page 10 of 45 tions?

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 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 pre-pare 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 sup-port?

What efforts have been made during this rating period to foster positive community relations? Discuss the workings and makeup of the contractor's community relations efforts. During this rating period have there been any concerns relating to the contractor's posi-tion 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 sanita-tion 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 annu-al training requirements? Are 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 strengths and weaknesses, and the effectiveness of any corrective actions?

FACTOR: COMMUNICATION/RESPONSIVENESS

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

Responsiveness: Is the contractor responsive to Bureau requirements, directions, and requests for information? How well does the contractor deal with significant incidents? Have you discussed the strengths and weaknesses, 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 of-fenders are accurately accounted for while on home detention? How effective has the process been this rating period in assisting of-fenders 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 strengths and weaknesses, and the effectiveness of any corrective actions?

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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 re-porting 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 fa-cility 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 over-all 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/Bureau 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/Bureau 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 re-covery 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 re-covery is unlikely. Corrective actions are ineffective and/or not fully implemented.

52.21-603-70 Contracting Officer's Representative (COR) (June 2012)

(a)The Residential Reentry Manager, or designee, is hereby designated 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 provide hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the con-tractor 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 result of technical discussions it is desirable to alter/change contrac-tual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

(End of Clause)

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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 person-nel are equal to or greater than personnel vacating the positions. Such requests for review and approval shall be in writing.

H.2 Contract Performance

(a) Any request to alter the facility following contract award must provide evidence supporting the contractor's right to use the pro-posed facility. Acceptable evidence of right to use is limited to deeds, leases, bills of sale, options to lease, options to buy, 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 en-forcement agency and two levels of public officials of the geographical area in which the new facility is located. The notification shall provide an accurate description of the program services the contractor provides under their contract to include, but not limited to, the contractor's mission statement; the size of the new facility; the specific address location of the new facility; the type of offender the Statement of Work indicates will be placed at the new facility; and the contractor's inmate accountability practices.

*[The offerors shall use the mandatory Sample Community Notification Letter in Section J, Attachment 3, 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-cur-rence as to the propriety of the use of proposed sites is required under any and all applicable laws of the city, town, village, or muni-cipality 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 gov-erned by the Department's regulation guaranteeing "Equal Treatment For Faith-Based Organizations" [28 CFR 38.1(b)], as well as by federal constitutional and statutory law.

(1) An offender may ask for a time and place to individually pray, study, or worship. Federal law requires that a federally-funded Con-tractor allow offenders in an RRC reasonably frequent opportunity to engage on their own in these "inherently religious 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, 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-ern-ment as long as the services are offered in a separate time or location (as defined above in paragraph 2) from the services provided un-der the contract and if attendance or participation by offenders is voluntary. For example, the BOP permits-but would not reim-

RFP-200-1303-WS Page 13 of 45 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 pro-posal and will not be considered in the evaluation process.

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA OR OTHER NATIONAL EMERGENCY (May 2008)

During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absentee-ism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in Government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.

The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce.

Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation. The types of actions a federal contractor should reason-ably take to help ensure performance are:

• Encourage employees to get inoculations or follow other preventive measures as advised by the public health service.

• Cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard ser-vices where telework is not an option.

• Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful remote work in an emergency.

• Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency.

• Establish communication processes to notify employees of activation of this plan.

• Integrate pandemic health crisis response expectations into telework agreements.

• With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period). Se-curity concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees' per-sonal computers and provide them with PCs or laptops as appropriate.

• Determine how all employees who may telework will communicate with one another and with management to accomplish work.

• Practice telework regularly to ensure effectiveness.

• Make it clear that in emergency situations, employees must perform all duties assigned by management, even if they are outside usu-al or customary duties.

• Identify how time and attendance will be maintained.

It is the contractor's responsibility to advise the Government Contracting Officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her ab-sence, another responsible person in the contracting office via telephone or email messages acknowledging the contractor's notifica-tion.

The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to

RFP-200-1303-WS Page 14 of 45 work diligently with the Department to develop a strategy for maintaining the continuity of operations. The Department does reserve the right in such emergency situations to use Federal employees, employees of other agencies, contract support from other existing contractors, or to enter into new contracts for critical support services. Any new contracting efforts would be acquired following the guidance in the Office of federal Procurement Policy issuance "Emergency Acquisitions", May, 2007 and Subpart 18.2. Emergency Acquisition Flexibilities, of the Federal Acquisition Regulations.

[End of Clause]

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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 52.202-1 Definitions (Nov 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 (May 2014)

52.203-8 Cancellation, Rescission, 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)

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

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013)

52.209-6 Protecting The Government's Interest When Subcontracting With Contractors Debarred, Suspended, or

Proposed for Debarment (Aug 2013)

52.210-1 Market Research (APR 2011)

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

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

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

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

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

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

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

Modifications (Oct 2010)

52.219-4 Notice of Price Evaluation preference for HUBZone Small Business Concerns (Oct 2014)

52.219-8 Utilization of Small Business Concerns (Oct 2014)

RFP-200-1303-WS Page 16 of 45

Clause Title 52.219-9 Alt II Small Business Subcontracting Plan (Oct 2014) - Alternate II (Oct 2001)

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

52.219-28 Post-Award Small Business Program Rerepresentation (Jul 2013)

52.222-3 Convict Labor (June 2003)

52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation (May 2014)

52.222-21 Prohibition of Segregated Facilities (Apr 2015)

52.222-26 Equal Opportunity (Apr 2015)

52.222-35 Equal Opportunity for Veterans (Jul 2014)

52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014)

52.222-37 Employment Reports on Veterans (Jul 2014)

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

52.222-41 Service Contract Labor Standards (May 2014)

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (Multiple Year and Option

Contracts) (May 2014)

52.222-50 Combating Trafficking in Persons (Mar 2015)

52.222-54 Employment Eligibility Verification (Aug 2013)

52.223-6 Drug Free Workplace (May 2001)

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

52.224-1 Privacy Act Notification (Apr 1984)

52.224-2 Privacy Act (Apr 1984)

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

52.227-1 Authorization and Consent (Dec 2007)

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

52.229-3 Federal, State and Local Taxes (Feb 2013)

52.232-1 Payments (Apr 1984)

52.232-8 Discounts For Prompt Payment (Feb 2002)

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

52.232-11 Extras (Apr 1984)

52.232-17 Interest (May 2014)

52.232-18 Availability Of Funds (Apr 1984)

52.232-23 Assignment of Claims (May 2014)

52.232-25 Prompt Payment (Jul 2013)

RFP-200-1303-WS Page 17 of 45

Clause Title 52.232-33 Payment by Electronic Funds Transfer - System for Award Management (Jul 2013)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.233-1 Alt I Disputes (May 2014) - Alternate I (Dec 1991)

52.233-3 Protest after Award (Aug 1996)

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

52.237-3 Continuity Of Services (Jan 1991)

52.242-13 Bankruptcy (July 1995)

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

52.244-6 Subcontracts for Commercial Items (Apr 2015)

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

52.248-1 Value Engineering (Oct 2010)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012)

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

52.253-1 Computer Generated Forms (Jan 1991)

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 con-tractor employee whose background investigation (BI) process begins on or after October 27, 2005:

a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form I-9, OMB No. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued pic-ture ID);

b. Contractor Personnel must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed sometime during the clearance process but prior to badge issuance and must be documented by the DOJ official;

c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position.

Outlined below are the minimum BI requirements for each risk level:

• High Risk -Background Investigation (5 year scope)

• Moderate Risk -Limited Background Investigation (LBI) or Minimum Background Investigation (MBI)

• Low Risk -National Agency Check with Inquiries (NACI) investigation

d. The pre-appointment BI waiver requirements for all position sensitivity levels are a: 1) Favorable review of the security 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-vest-igation Criminal History Check (i.e., fingerprint check results).

e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges 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-200-1303-WS Page 18 of 45 above. The pre-appointment waiver re-quirements for short-term contractors are:

a. Favorable review of the security questionnaire form; b. Favorable fingerprint results; c. Favorable credit report, if required;5 and d.

Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commen-sur-ate BI does not need to be initiated.

A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of is-suance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any 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 ex-ample, the water delivery contractor that delivers water one time each week and is working on a one-year contract.

b. Contractors requiring intermittent access should follow the Department's escort policy. Please reference the August 11, 2004, and January 29, 2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted ac-cess.

c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent con-tract-or, the same pre-employment background investigation waiver requirements that apply to short-term contractors are required.

d. If an intermittent contractor is approved for unescorted access, the contractor will only be issued a daily badge. The daily badge will be issued upon entrance into a DOJ facility or space and must be returned upon exiting the same facility or space.

e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year.

4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated BI meeting HSPD-12 and DOJ's BI requirements.

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

Notes:

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-iga-tion, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-II) requires badge issuance to all affected long-term contractors.

3. For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package.

4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating 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-mit-ment, individuals or contractor employees providing services must have:

1. legally resided in the United States (U.S.);

2. worked for the U.S. overseas in a Federal or military capacity; 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-form-ation regarding allied countries: http://www.opm.gov/employ/html/citizen.htm.

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

(End of Clause)

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

(a) Definition.

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

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

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

RFP-200-1303-WS Page 19 of 45

(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

(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) DOJ Fraud Hotline Poster:

Office of Inspector General (OIG), Fraud Detection Office, ATTN: Poster Request, 1300 N. 17th Street, Suite 3200, Arlington, VA 22209

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014)

(a)…