RFP-NASS-0001-13_Solicitation_Document.pdf

RFP-NASS-0001-13 Page 1 of 43

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER UMtl Clearance Control Number:

OFFEROR TO COMPLETE BLOCKS 12,17,23,24 & 30 1103-0018

2. CONTRACT NO. 3. AWARDIEFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE DATE

RFP-NASS-OOO 1-13 olI0212013

a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE I LOCAL

7. FOR SOLICITATION TIME

INFORMATION CALL: Jan R. Johns (919) 575-2074 OllI81201314:00:00

9. ISSUED BY CODE IBVAR 10. THE ACQUISITION IS o UNRESTRICTED OR 0 SET ASIDE 100.00 % FOR

Federal Bureau of Prisons o SMAll BUSINESS o WOMEN-OIMlED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

National Acquisitions & System Section o HUBZONE SMAlL

SMALL BUSINESS PROGRAM

NAICS 721110

Federal Correctional Complex Butner BUSINESS 0 EDWOSB

Old NC Highway 75, P. O. Box 7000 o SERVlCE·DlSASlED SIZE STANDARD: D07 VETERAN-OIMlED 0Butner, NC 27509 SMAlL BUSINESS 8(A)

11 . DELIVERY FOR FOB DESTINATION 12. DISCOUNT TERMS 13b. RATING

UNLESS BLOCK IS MARKED

13a. THIS CONTRACT IS A

NET 30 D RATED ORDER UNDER DPAS

D SEE (15 CFR 700) 14. METHOD OF SOLICITATION

SCHEDULE

DRFQ D IFB 0 RFP

15. DELIVER TO CODE IBVAR 16. ADMINISTERED BY CODE BCO

Federal Bureau of Prisons Federal Bureau of Prisons National Institute of Corrections Central Office-National Acquisitions & Systems Section 11900 East Cornell Avenue 320 FIRST STREET NW UnitC Room 5005 Aurora, CO 80014 WASHINGTON, DC 20534

178. CONTRACTORI CODEl I FACILITY l 18a. PAYMENT IMLL BE MADE BY CODE LBCO

OFFEROR CODE

Federal Bureau of Prisons Central Office - Accounting Operations

320 FIRST STREET NW

Room 5006

WASHINGTON, DC 20534

TELEPHONE NO.

D17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICEBADDRESS SHOWN IN BLOCK 188 UNLESS BLOCK BELOW IS

~HECKED SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF S U PPLlESlSERVICES Q UANTITY UNIT UNIT PRICE A MOUNT

To provide lodging, meals, meeting space, & round-trip transportation between airport & hotel facility for training participants in pre-scheduled training programs to be held by the National Institute of Corrections at the National Corrections Academy

See Continuation Sheet(s) ( u" "C Rtnll!r~e cmd/{JI" AlfG<;h Addilicmof 5Jr€1'!t.f fl' Nccc.t.mry)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

B o 29. AWARD OF CONTRACT: REF .

I

[29 278. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1.52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ~ ARE ARE NOT ATTACHED o27b. CONTRACTIPURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED o 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RET URN COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ~ET FORTH

OFFER DATED .

YOUR OFFER ON SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR

OR OTHERIMSE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

CHANGES 'M-fICH ARE SET FORTH HEREIN. IS ACCEPTED AS TO ITEMS:

TERMS AND CONDITIONS SPECIFIED

308. SIGNATURE OF OFFERORICONTRACTOR

3Ob. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30e. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNA TURE OF CONTRACTING OFFICER)

31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) 31e. DATE SIGNED

Jan Johns

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 0212012 )

PREVIOUS EDITION IS NOT USABLE PreSClibed by GSA - FAR (48 CFR) 53.212

RFP-NASS-0001-13 Page 2 of 43

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN o RECEIVED 0 INSPECTED 0 ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED _____________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 321. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

329. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

DCOMPLETE DPARTIAL DFINAL

37. CHECK NUMBER

IPARTIAL I IFINAL

38. SIR ACCOUNT NUMBER 39. SIR VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YVIMMIDD) l42d. TOTAL CONTAINERS

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

STANDARD FORM 1449 (REV. 212012) BACK

RFP-NASS-0001-13 Page 3 of 43

Table of Contents

Description Page Number

1 Solicitation/Contract Form

2 Commodity or Services Schedule

3 Contract Clauses

4 List of Attachments

4.1 Special Contract Conditions

5 Solicitation Provisions

RFP-NA55-0001-13 Page 4 of 43

Section 2 - Supplies or Service Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO.

0001a

0001b

0001c

0001d

0002a

0002b

0002c

0002d

0003a

0003b

0003c

0003d

SUPPLIES/SERVICES

To provide lodging, meals, meeting space (limited), and round-trip transportation between airport and hotel facility for training participants for the Base Period from date of award through 12 months

Single Occupancy Participant Days (number of participants x number of days of class) . Participant Package Rate to include lodging, meals, and round-trip transportation.

Early Arrivals/Late Departures (lodging, meals, and transportat ion rate) (estimated at 50 participants per performance period)

Meeting Room Space for Occasional Class/Meeting Session at Hotel (meeting space is estimated at 30 times per performance period)

Upgraded Meal Fee for banquets [additional meal fee x estimated number of participants (includes trainers, "pay own" participants, guests, NIC staff))

To provide lodging, meals, meeting space (limited) , and round-trip transportation between airport and hotel facility for training participants for Option Period 1 from 13 months through 24 months

Single Occupancy Participant Days (number of participants x number of days of class). Participant Package Rate to include lodging, meals, and round-trip transportation.

Early Arrivals/Late Departures (lodging , meals, and transportation rate) (estimated at 50 participants per performance period)

Meeting Room Space for Occasional Class/Meeting Session at Hotel (meeting space is estimated at 30 times per performance period)

Upgraded Meal Fee for banquets [additional meal fee x estimated number of participants (includes trainers, "pay own" participants, guests, NIC staff))

To provide lodging, meals, meeting space (limited), and round-trip transportation between airport and hotel facility for training participants for Option Period 2 from 25 months through 36 months

Single Occupancy Participant Days (number of participants x number of days of class). Participant Package Rate to include lodging, meals, and round -trip transportation.

Early Arrivals/Late Departures (lodging, meals, and transportation rate) (estimated at 50 participants per performance period)

Meeting Room Space for Occasional Class/Meeting Session at Hotel (meeting space is estimated at 30 times per performance period)

Upgraded Meal Fee for banquets [additional meal fee x est imated number of participants (includes tra iners, "pay own" participants, guests, NIC staff))

To provide lodging , meals, meeting space (limited) , and round-trip

QUANTITY

UNIT

PG

RM

EA

UNIT PRICE

AMOUNT

RFP-NASS-0001-13 Page 5 of 43 transportation between airport and hotel facility for training participants for the Option Period 3 from 37 months through 48 months

0004a Single Occupancy Participant Days (number of participants x 3687 PG $ $ number of days of class). Participant Package Rate to include lodging, meals, and round-trip transportation.

0004b Early ArrivalslLate Departures (lodging, meals, and transportation 50 PG $ $ rate) (estimated at 50 participants per performance period)

0004c Meeting Room Space for Occasional Class/Meeting Session at 30 RM $ $ Hotel (meeting space is estimated at 30 times per performance period)

0004d Upgraded Meal Fee for banquets [additional meal fee x estimated 409 EA $ $ number of participants (includes trainers, "pay own" participants, guests, NIC staff)]

0005 To provide lodging, meals, meeting space (limited), and round-trip transportation between airport and hotel facility for training participants for the Option Period 4 from 49 months through 60 months

0005a Single Occupancy Participant Days (number of participants x 3687 PG $ $ number of days of class) . Participant Package Rate to include lodging, meals, and round-trip transportation.

0005b Early ArrivalslLate Departures (lodging, meals, and transportation 50 PG $ $ rate) (estimated at 50 participants per performance period)

0005c Meeting Room Space for Occasional Class/Meeting Session at 30 RM $ $ Hotel (meeting space is estimated at 30 times per performance period)

0005d Upgraded Meal Fee for banquets [additional meal fee x number 409 EA $ $ of participants (includes trainers, "pay own" participants, guests, NIC staff)]

2.1 Pricing Methodology

Total amount for the Base Year and 4 Option Years $ _ _ _ _ _ _ _ _ _ _ _ _ _ _

PRlClNG METHODOLOGY

The Contractor shall provide lodging, meals meeting space (limited), and to and from the Denver International Airport and the hotel facility upon arrival and departure as detailed in the Statement of Work. The Government reserves the right to award without discussion. Therefore, each initial offer should contain the offeror's best terms from a cost or price standpoint.

Services are required to be provided in accordance with the Statement of Work (SOW).

The requirement for these services will consist of a participant package rate that covers the cost, per participant for lodging, meals, and transportation to and from the airport upon arrival and departure; meeting space (limited); and upgraded meal fee for banquets. For trainers and "pay own" participants, a breakdown of cost of lodging and cost per meal (breakfast, dinner, and banquet, when applicable) shall be provided.

The quantities of services to be provided by the Contractor are estimated above. These estimates are not a representation to an offeror or contractor that the estimated quantities will be required or ordered, or that conditions affecting requirements will remain stable or normal. The offerors are required to submit a completed copy of the Schedule of Supplies/Services, located in the table above, inclusive of the base year and all option years.

RFP-NASS-0001-13 Page 6 of 43

Pursuant to FAR 17.203(b), the Government's evaluation shall be inclusive of options. Pursuant to FAR 17.203(d), the offeror may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

Section 3 - Contract Clauses

A.l ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions - Commercial Items (Feb 2012)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendwn to FAR clause 52.212-4.

CIauses 8 e erence Iy R f

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 addressees): www.~ui~itiQD.gQv/far I

Clause Title

52.253-1 Computer Generated Forms (Jan 1991)

52.242-13 Bankruptcy (Jul 1995)

52 .232-18 Availability of Funds (Apr 1984)

52.212-4 Contract Terms and Conditions - Commercial Items (Feb 2012)

52.204-7 Central Contractor Registration (Aug 2012)

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

Clauses by Full Text

52.204-99, System for A ward Management Registration (Sept 2012) (DEVIA nON)

(a) Defmitions. As used in this clause

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

"Commercial and Government Entity (CAGE) code" means

(1) A code assigned by the Defense Logistics Agency (DLA) Logistics fnformation Service to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file.

This type of code is known as an "NCAGE code."

www.~ui~itiQD.gQv/far

RFP-NASS-0001-13 Page 7 of 43

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

"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-chatacter suffix that may be assigned by a business concern.

(D&B has no affiliation with this 4-character suffix.) This 4-chatacter suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart

32.1 I) for the same concern.

"Registered in the SAM database" means that

(I) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, as well as data required by the Federal Funding Accountability and Transparency Act of2006 (see Subpart 4.14) into the SAM database;

(2) The Contractors CAGE code is in the SAM database; and

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

"System for A ward Management (SAM)" means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes

(I) Data collected from prospective federal awardees required for the conduct of business with the Government;

(2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and

(3} The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the non procurement common rule by agencies, Government corporations, or by the Government Accountability Office.

(b) (I) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4.

(3) If indicated by the Government during performance, registration in an alternate system may be required in lieu of SAM.

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

(I) A contractor may obtain a DUNS number

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

(ii) If located outside the United States, by contacting the local DUN and Bradstreet office. The contractor should indicate that it is a contractor for a u .S. Government contact when contacting the local DUM and Bradstreet office.

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

(i) Company legal business name.

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

(iii) Company physical street address, city, state and Zip Code.

http://fedgov.dnb.comlwebform

RFP-NASS-0001-13 Page 8 of 43

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officerlkey manager.

(ix) Line of business (industry).

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

(d) Reserved.

(e) Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing.

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

(g) (I) (i) Ifa Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of name agreements in Subpart 42. 12, the Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed name with a minimum of one business day's written notification of its intention to

{A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

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

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

(h) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https:/ lwww.acguisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls.

(End of Clause) http:https:/lwww.acguisition.gov

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52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the first day of the effective perfonnance period through the last day of the effective perfonnance period.

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

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

(End of Clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount ofless than one session, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(I) Any order for a single item in excess of the estimated quantities identified in the Schedule of Items within the current perfonnance period;

(2) Any order for a combination of items in excess of the estimated quantities identified in the Schedule of Items within the current perfonnance period; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)( I) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

52.216-2 I Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or perfonnance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

RFP-NASS-0001-13 Page 10 of 43

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

(End of Clause)

52.217-8 Option to Extend Services (Nov 1999)

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

(End of Clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor prior to expiration of the current performance period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(End of Clause)

52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond September 30 of the base year or any option year exercised. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30 of the base year or any option year exercised, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

52.232-99 Providing Accelerated Payment to Small Business Subcontractors (Aug 20 12)(Deviation)

This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11,2012.

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.

(c) The accelerated payments under this clause does not provide any new rights under the Prompt Payment Act.

(End of Clause)

52.252-6 Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause.

RFP-NASS-0001-13 Page 11 of 43

(b) The use in this solicitation or contract of any Federal Acquisition Regulation. (48 CFR 48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of (DEVIAnON) after the name of the regulation.

(End of clause)

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

(a) Adria Tafoya, Registrar, Central Office, NlC - Correctional Programs, (303) 338-6624, 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 provided hereunder 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 result of technical discussions it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

(End of Clause)

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 Govenunent contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make 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 reasonably take to help ensure performance are:

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

Contractors should cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services 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 ofa 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). Security concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees' personal 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 performance all duties assigned by management, even if they are outside usual 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

RFP-NASS-0001-13 Page 12 of 43 work with the Bureau of Prisons (BOP) to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her absence, the Contracting Officer's Technical Representative, via telephone or e-mail messages acknowledging the contractor's notification. The incumbent contractor is responsible for assisting the BOP in estimating the adverse impacts of nonperformance and to work diligently with the BOP to develop a strategy for maintaining continuity of operations.

The BOP does reserve the right in such emergency situations to use Federal employees, employees of other agencies, contracting sup port from other existing contractors, or to enter into new contracts for critical supp.ort services. Any new contracting efforts would be acquired following the guidance in the Office of Federal Policy issuance Emergency Acquisiti.ons, dated May 2007 and Subpart 18.2, Emergency Acquisition Flexibilities, of the Federal Acquisition Regulations.

(End of Clause)

52.242.1502 Evaluation .of Contractor Performance Utilizing CPARS (Apr 20 11)

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

In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation .of contractor performance and submit to the Past Performance Informati.on Retrieval System (PPIRS). The BOP utilizes the Department .of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to provide c.ontract.or perf.ormance evaluations. The contractor shall provide and maintain a current e-mail address throughout the life of the contract. The contractor will receive and e-mail from the F.ocal P.oint thru the f.ollowing website address webptsmh@navy.mil when the contract.or is registered in CPARS. The e-mail will c.ontain a "user 10" and temp.orary passw.ord to register in the CPARS system. The contractor must be registered to access and review its evaluation and/or provide a resp.onse. Ifassistance is required when registering, please contact the Contracting StaffIFocal P.oint.

(End of Clause)

[END OF ADDENDUM TO FAR 52.212-4]

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS

(NOV 2012)

(a) The C.ontractor shall comply with the foll.owing Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisi.ons of law.or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U .S.c. 71 04(g).

_ Alternate I (Aug 2007) of 52.222-50 (22 U .S.c. 71 04(g).

(2) 52.233-3, Pr.otest After Award (AUG 1996) (31 U.S.c. 3553).

(3) 52.233-4, Applicable Law for Breach of C.ontract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall c.omply with the FAR clauses in this paragraph (b) that the Contracting Officer has ind icated as being incorporated in this contract by reference t.o implement pr.ovisi.ons of law or Executive orders applicable t.o acquisitions of commercial items:

[Contracting Officer check as appropriate.] xx (1) 52.203-6, Restrictions .on Subcontractor Sales t.o the Government (Sept 2006), with Alternate I (Oct 1995)

(41 U.S.c. 253g and 10 U.S.c. 2402).

_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 20 10) (Pub. L. 110-252, Title VI, Chapter 1 (4 J U.S.c.

251 note».

_ (3) 52.203-15, Whistleblower Protecti.ons under the American Recovery and Reinvestment Act of2009 (June 2010) (Section

1553 of Pub. L. 111-5). (Applies to contracts funded by the American Rec.overy and Reinvestment Act of2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 20 12) (Pub. L. 109-282) eLL U.S.C. 6101 note).

http:contract.or mailto:webptsmh@navy.mil http:c.ontract.or http:Informati.on http:Contract.or

RFP-NASS-0001-13 Page 13 of 43

_ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 20 10) (pub. L. 111-5).

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

Proposed for Debarment. (Dec 20 I 0) (31 U.S.c. 610 I note).

XX (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.c. 2313).

_ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of

Pub. L. 112-74, section 740 of Division C of Pub . L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division

D of Pub. L. 110-161).

_ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.s.c. 657a).

_ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.c. 657a).

_ (1 I) [Reserved]

XX (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.c. 644).

_ (ii) Alternate I (Nov 2011).

_ (iii) Alternate II (Nov 2011).

_ (l3)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

_ (ii) Alternate I (Oct 1995) of 52.219-7 .

_ (iii) Alternate II (Mar 2004) of 52.219-7.

XX (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011)( 15 U.S.c. 637(d)(2) and (3».

_ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U .S.c. 637(d)( 4) .

_ (ii) Alternate I (Oct 200 1) of 52.219-9.

_ (iii) Alternate II (Oct 2001) of 52.219-9.

_ (iv) Alternate III (Jul 20 I 0) of 52.219-9.

XX (16) 52 .219-13, Notice of Set-Aside of Orders (Nov 2011)( 15 U.S.c. 644(r) .

XX (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.c. 637(a)( 14).

_ (18) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.s.c. 637(d)(4)(F)(i).

_ (l9)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008)

(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

_ (ii) Alternate I (June 2003) of 52.219-23.

_ (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010)

(Pub. L. 103-355, section 7102, and 10 U.S.c. 2323).

_ (21) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103

355, section 7102, and 10 U.S.c. 2323).

_ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.c. 657 O.

XX (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U .S.c. 632(a)(2) .

_ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns

(Apr2012)(15 U.S.c. 637(m)).

_ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB

Program (Apr 2012) (15 U.s.c. 637(m)).

XX (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_ (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).

XX (28) 52.222-21 , Prohibition of Segregated Facilities (Feb 1999).

XX (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

XX (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.c. 4212).

XX (31) 52 .222.36, Affirmative Action for Workers with Disabilities (Oct 2012).

XX (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.c. 4212).

XX (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

XX (34) 52.222-54, Employment Eligibility Verification (JUL 20 12). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

RFP·NASS·0001·13 Page 14 of 43

_ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)

(42 U.S.c. 6962(c)(3)(A)(ii). (Not applicable to the acquisition of commercially available off-the-shelf items.)

_ (ii) Alternate I (May 2008) of 52.223-9 (42 U .S.c. 6962(i)(2)(C). (Not applicable to the acquisition of commercially available off-the-shelf items.)

_ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.c. 8259b).

_ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O.

13423).

_ (ii) Alternate I (DEC 2007) of 52.223-16.

XX (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 20 II) (E.O. 13513).

_ (39) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U .S.C. I Oa-l Od).

_ (40)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (Nov 2012) (41 U .S.c. chapter 83, 19 U.S.c. 330 I note, 19 U.S.c. 2112 note, 19 U.s.c. 3805 note, 19 U .S.c. 400 I note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108

302,109-53,109-169,109-283, 110·138,112-41, 112-42, and 112-43).

_ (ii) Alternate I (Mar 2012) of 52 .225-3.

_ (iii) Alternate II (Mar 2012) of 52.225-3.

_ (iv) Alternate III (Nov 2012) of 52.225-3.

_ (41) 52.225-5, Trade Agreements (Nov 2012) (19 U.S.c. 2501, et seq., 19 U.S.c. 3301 note).

XX (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O. 's, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

_ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.c. 5150).

_ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.s.c. 5150).

_ (45) 52.232-29, Tenns for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.c. 255CD, 10 U.S.c. 2307(0).

_ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.c. 255CD, 10 U.S.c. 2307(0).

XX_ (47) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003) (31 U.S.c. 3332).

_ (48) 52 .232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.s.C.3332).

_ (49) 52.232·36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

XX (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U .S.c. 552a).

_ (51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.c. Apox. 1241(b) and

10 U.s.c. 2631).

_ (ii) Alternate I (Apr 2003) of ,52 .247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_ (I) 52.222·41, Service Contract Act of 1965 (Nov 2007) (41 U .S.c. 351, et seq.).

_ (2) 52.222·42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.c. 206 and 41 U.S.c. 351 , et seq.).

_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts)

(Sep 2009) (29 U.S.c. 206 and 41 U.S.c. 351, et seq.).

_ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U .S.c. 206 and 41 U.S.c. 351, et seq.).

_ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 351, et seq.).

_ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services- Requirements

(Feb 2009)(41 U .S.c. 351, et seq.).

_ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

_ (8) 52.237-11, Accepting and Dispensing of$1 Coin (Sept 2008) (31 U.S.c. 5112(p)(\).

RFP-NASS-0001-13 Page 15 of 43

(d) Comptroller General Examination a/Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(I) The Comptroller General of the United States, or an authorized representative of the Comptroller General , shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after fmal payment under this contract or for any shorter period specified in

FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless ofform. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(I) Notwithstanding the requirements of the clauses in paragraphs (a), (b) , (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)( I) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 20 I 0) (Pub. L. 110-252, Title VI, Chapter I (41 U .S.c.

251 note» .

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.c. 637(d)(2) and (3», in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.c. 4212).

(vi) 52.222-36, Affumative Action for Workers with Disabilities (Oct 2010) (29 U.S.c. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.c. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g» .

_Alternate I (Aug 2007) of 52.222-50 (22 U.S.c. 71 04(g».

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S .c. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements

(Feb 2009) (41 U.S.c. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JUL 2012).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.c. Apox . 1241(b) and

10 U.S .c. 2631 ). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

RFP-NASS-0001-13 Page 16 of 43

Section 4 - List of Attachments

Exhibits and Attachments Identifier Title Number of

Pages

1 Statement of Work 5

2 Evaluation Criteria 1

3 Business Management Questionnaire 2

4 Past Performance Questionnaire 4

4.1 Special Contract Conditions

Type of Contract

The Government contemplates a single award of an indefmite delivery/requirements type contract with ftrill-fixed unit prices resulting from this solicitation

The resulting contract will include a base year period from the effective date of award (EDOA) through 12 months, with four (4) possible 12-month option years for renewal at the unilateral discretion of the Government. Pursuant to FAR 17.203(b), the

Government's evaluation shall be inclusive of options. Pursuant to FAR 17.203( d), offerors may propose varying prices for options, depending on the quantities actually ordered and the dates when ordered . Offerors are advised that the Government has the unilateral right to exercise option periods in accordance with FAR 43.l03(b) and 52.217-9, "Option to Extend the Term of the Contract" and

52.217-8, "Option to Extend Services.

Performance

The periods of performance of the resulting contract shall be as follows:

Base year: Effective Date of A ward through 12 months

Option I: 13 months through 24 months

Option 2: 25 months through 36 months

Option 3: 37 months through 48 months

Option 4: 49 months through 60 months

In accordance with FAR 46.503 and 46.403(a) (6), the place of acceptance for services under this contract is at the destination of the

National Corrections Academy. The Contractor shall provide the contract services independent of Government supervision.

Contract Administration

Contracting Officer Responsibility: Authority to negotiate changes in the terms, conditions, or amounts cited in this contract is reserved to the Contracting Officer. This responsibility may be delegated to an Administrative Contracting Officer by the Contracting

Officer.

Ordering Official: Task orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for the Bureau of Prisons with an appropriate certificate of appointment. Each task order will identify the services schedule for that period.

Contracting Officer's Representative: The Contracting Officer will designate in writing a COR who shall be responsible for:

a) Monitoring technical progress, including surveillance and assessment of performance and issuing technical changes;

b) Interpreting the scope of work;

c) Technical evaluation as required;

d) Technical inspection and acceptance;

e) Assisting in the resolution of technical…