Solicitation123013.pdf

RFPP0700CC1300016 Page 1 of 18

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12,17,23,24 & 30

9.

7. FOR SOLICITATION

INFORMATION CALL:

BY

Federal Bureau of Prisons Central Office

320 FIRST STREET NW

DATE

a. NAME

Construction Contracting Section rm 5006

WASHINGTON, DC 20534

10. THE

o SMALL BUSINESS

O HUBZONE SMALL

BUSINESS

O SERVICE-DISABLED

VETE~WNED

SMALL BUSINESS

02/05/201417:00:00

UNRESTRICTED OR SET ASIDE:

O WOMEN·OWNED SMALL BUSiNESS (WOSB)

ELIGIBLE UNDER THE WOMEN·OWNED

SMALL BUSINESS PROGRAM NAICS 334290

% FOR

o EOWOSB SIZE STANDARD: E05o SIA)

O SEE

SCHEDULE

O 13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15CFR 700)

CODE

SEE SCHEDULE

17a. CONTRACTORI

OFFEROR

CODE

RFP

CODE

This is a Firm Fixed Price Requirements Multiple Year (Base, Plus 4 Options) Contract. The Contractor will be required to provide Private Branch Exchange (PBX) Systems Equipment & Maintenance.

See Continuation Sheet(s) (f 'St' Rt'I't'r.., WI(J or . 1I1ach , lddilmnu/ Slk't'g.as Y2Cf.tltJ0)

A

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1,52.212-4. FAR 52.212-3 AND 52 212-5 ARE ATIACHED. ADDENDA

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL TfEM'SSET FORTH

OR OTHERV\IISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED

3Oa.

3Ob. NAME AND TITLE OF SIGNER (TYPE OR PRfND

31a

3Oc. DATE SIGNED I 31b. NAME

John Hurne

Only)

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV 0212012)

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

RFPP0700CC1300016 Page 2 of 18

19. 20. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES 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 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE REPRESENTATIVE

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

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER

CORRECT FOR

DCOMPLETE DPARTIAL DFINAL

I PARTIAL I IFINAL

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

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

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

42b. RECEIVED AT (Location)

42c. DATE REC'D (YYIMMlDD) I42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 212012) BACK

SttWm

RFPP0700CC1300016 Page 3 of 18

Table of Contents

Description Pal:e Number

Solicitation/Contract Form

Commodity or Services Schedule

Contract Clauses

2852.201-70 Contracting Officer's Technical Representative (COTR) (JAN 1985)

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

52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE

2004)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

OR OTHER NATIONAL EMERGENCY (May 2008)

52.252-6 Authorized Deviations in Clauses (Apr 1984)

2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders--Commercialltems (July 20 13)

52.216-18 Ordering (Oct 1995)

52.216-21 Requirements (Oct 1995)

52.217-8 Option to Extend Services (Nov 1999)

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

52.228-5 Insurance - Work on a Government Installation (Jan 1997) .................................................... II

52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984)

52.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR

2011)

List of Attachments

Solicitation Provisions

52.204-8 Annual Representations and Certifications (July 2013)

52.209-7 Information Regarding Responsibility Matters (Jul 2013)

52.230-7 Proposal Disclosure Cost Accounting Practice Changes (Apr 2005 )

FAO-0021 Business Management Questionnaire

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

52.212-1 Instructions to Offerors-Commercialltems (July 2013)

52.216-1 Type of Contract (Apr 1984)

52.233-2 Service of Protest (Sept 2006)

2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)

52.212-2 Evaluation - Commercial Items (Jan 1999)

RFPP0700CC1300016 Page 4 of 18

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO.

SUPPLIES/SERVICES QUANTITY UNIT

The Statement of Work and CLiN List are in Section 4 Pricing is to be completed on the CLiN List for each period's equipment and maintenance. Quantities are estimated. no guaranteed minimums.

Base Year Private Branch Exchange (PBX) Systems Equipment & Maintenance

Anticipated Period of Performance April 1. 2014 - March 31.2015

Option Year One Private Branch Exchan~e (PBX, Systems 1.000000 Equipment & Maintenance. Anticipated eriod 0 Performance April 1. 2015 March 31. 2016

Option Year Two Private Branch Exchan~e !pBX, Systems 1.000000 Equipment & Maintenance. Anticipated enod 0 Performance April 1, 2016 - March 31, 2017

Option Year Three Private Branch Exchange (PBX~ ~stems 1.000000 Equipment & Maintenance. Anticipated Period of e ormance April 1, 2017 March 31, 2018

Option Year Four Private Branch Exchan~e (PBX) Systems 1.000000 Equipment & Maintenance. Anticipated eriod of Performance April 1. 2018 - March 31,2019

UNIT PRICE

AMOUNT

RFPP0700CC1300016 Page 5 of 18

Section 3 • Contract Clauses

A.1 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 addendum to FAR clause 52.212-4.

Ir"""n"t"" Generated Forms (Jan 1991) of Shipment (RESHIP) (Feb 2006) l<:l.tM_W"..... Order (Aug 1989)

IProtection Of Government Buildings. Equipment, And Vegetation (Apr 1984)

IAPplicable Law for Breach of Contract Claim (Oct 2004)

IUlsDules (July 2002)- Alternate I (Dec 1991)

DING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS(DEVIATION) (AUG

Ini"rrll.nt" For Prompt Payment (Feb 2002)

IP"vml>nt by Electronic Funds Transfer--Central Contractor Registration (Oct 2003)

!Availabilitv Of Funds (Apr 1984)

(Apr 1984)

Free Workplace (May 2001)

IPrnhihilinn of Segregated Facilities (Feb 1999) to the Government of Labor Disputes (Feb 1997)

IUtilization of Small Business Concerns (Jan 2011) http:Ini"rrll.nt

RFPP0700CC1300016 Page 6 of 18

Clause Title

~2.219-16 Liquidated Damages-Subcontracting Plan (Jan 1999)

52.216-19 prder Limitations (Oct 1995)

52.212-4 ¢ontract Terms and Conditions--Commerclalltems (Feb 2012)

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

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

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

52.202-1 Definitions (Jan 2012)

Clauses by Full Text

2852.201-70 Contracting Officer's Technical Representative (COTR) (JAN 1985)

(a) Mr.lMs. Willaim (Bill) Lee of Facilities Management Branch ,500 First Street NW, [Address], 202616-6154, is hereby desig nated to act as Contracting Officer's Technical Representative (COTR) under this contract.

(b) The COTR 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 con tract 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 COTR 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)

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

(a)WiIliam Lee ,Telecommunications Specialist, Facilities, Central Office,(202) 616-6154, 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 ofthis 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, andlor 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.

52.24-403-70 Notice ofContractor Personnel Security Requirements (OCT 2005)

RFPP0700CC1300016 Page 7 of 18

Compliance with Homeland Security Presidential Directive-I 2 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 20 I) I entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase 1.1. 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 (81) 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 1-9, 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:

I) Favorable review ofthe security questionnaire form; 2) Favorable fingerprint results; 3) Favorable credit report, if required;3 4) Waiver request memorandum, including both the Office ofPersonneJ 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.lfthe NAC is not received within five days ofOPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau ofInvest igation Criminal History Check (i.e., fingerprint check results). e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. Ifthe BI results so justify, badges issued under these procedures will be suspended or revoked.2. Short Term Contractor Personnel:

It is the policy of the DOJ that short-term contractors having access to DOJ information systems andlor 001 facilities or space for six months or fewer are subject to the identity proofing requirements listed in items I a. and I b. 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 commensur 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 consecutive short-term appointments are subject to the full PIV-I identity proofing process.

For example, if a contractor employee requires daily access for a three or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a second request is submitted for the same contractor employee within a twelve month period for the purpose of extending the initial contract or for employment under a totally different contract for another three or four-week period, this contractor would now be considered "long-term" and must be cleared according to the long-term requirements as stated in this interim policy.

3. Intermittent Contractors:

An exception to the above-mentioned short-term requirements would be intermittent contractors.

a. For purposes ofthis policy, "intermittent" is defined as those contractor employees needing access to DOJ information systems and!

or DO] 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 29,200 I, 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 001 IT system access for an intermittent contract 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 OOJ 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 Bl meeting HSPD-12 and DOJ's BI requirements.

RFPP0700CC1300016 Page 8 of 18

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

Notes:

I. FIPS 201 is available at: www.csrc.nist.gov/publications/fipslfips20 I/FIPS-20 1-022505.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-l identity proofing process, including initiation and adjudication of the required background investiga 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-I1) requires badge issuance to all affected long-term contractors.

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

4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations to OPM. Per OPM 's instructions, to obtain an Advance NAC Report, a Code" 3" must be placed in block" B "of the " Agency Use Only" section ofthe investigative form. This report is available for all case types.

5 .For contractors in position sensitivity/risk levels above levell, a favorable review ofa 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 commit 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; or3. 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 inform 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]

52.218-000 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 reasonably take to help ensure performance are:

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

• 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 re mote work in an emergency.

• Communicate expectations to aU 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 tele work 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 accom http://www.opm.gov/employ/html/citizen.htm www.csrc.nist.gov/publications/fipslfips20

RFPP0700CC1300016 Page 9 of 18 plish 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 usual or customary duties.

• Identify how time and attendance will be maintained.

It is the contractor's responsibility to advise the Government Contracting Officer iftbey 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 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, ofthe Federal Acquisition Regulations.

[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 I) clause with an authorized devi ation is indicated by the addition of (DEVIAnON) after the date of the clause.

(b) The use in this solicitation or contract of any deviation. (48 CFR FAR 52.232-99 Providing Accelerated Payments to SmalJ Busi ness Subcontractors (Deviations» clause with an authorized deviation is indicated by the addition of (DEVIAnON) after the name ofthe regulation.

(End of clause)

2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996)

(a) "Unsafe condition" as used in this clause means the actual or potential exposure of contractor or Government employees to a haz ardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other materi al or working condition designated by the Contracting Officer's Technical Representative (COTR) as potentially hazardous and requir ing safety controls.

(b) The Occupational Safety and Health Administration (OSHA) is responsible for issuing and administering regulations that require contractors to apprise its employees of all hazards to which they may be exposed in the course of their employment; proper conditions and precautions for safe use and exposure; and related symptoms and emergency treatment in the event ofexposure.

(c) Prior to commencement ofwork, contractors are required to inspect for and report to the contracting officer or designee the pres ence of, or suspected presence of, any unsafe condition including asbestos or other hazardous materials or working conditions in areas in which they will be working.

(d) If during the performance of the work under this contract, the contractor or any of its employees, or subcontractor employees, dis covers the existence of an unsafe condition, the contractor shall immediately notify the contracting officer, or designee, (with written notice provided not later than three (3) working days thereafter) ofthe existence of an unsafe condition. Such notice shall include the contractor's recommendations for the protection and the safety of Government, contractor and subcontractor personnel and property that may be exposed to the unsafe condition.

(e) When the Government receives notice of an unsafe condition from the contractor, the parties will agree on a course of action to mitigate the effects of that condition and, if necessary, the contract will be amended. Failure to agree on a course of action will consti tute a dispute under the Disputes clause of this contract.

(f) Nothing contained in this clause shall relieve the contractor or subcontractors from complying with applicable Federal, State, and local laws, codes, ordinances and regulations (including the obtaining oflicenses and permits) in connection with hazardous material including but not limited to the use, disturbance, or disposal of such material.

(End of Clause)

52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the

RFPP0700CC1300016 Page 10 of 18 individuals or activities designated in the Schedule. Such orders may be issued from [award effective date] through [last day pf current period].

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

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

(End of clause)

52.216-21 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 performance 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 con tract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified un der 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.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Con tractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Con tractor shall not be required to make any deliveries under this contract after 180 days from expiration.

(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 ofrevisions to prevailing labor rates provided by the Secretary of Labor. The option provision

RFPP0700CC1300016 Page 11 of 18 may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Of ficer may exercise the option by written notice to the Contractor within 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 within I day prior to expiration of the current contract period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days days [60 days unless a different number ofdays is inserted] before the contract expires. The preliminary notice does not com mit 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 ( 60 months) or (5 years).

(End of clause)

52.228-5 Insurance - Work on a Government Installation (Jan 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notifY the Contracting Officer in writing that the required insur ance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractor's proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

(End of clause)

Worker's Compensation & Employer's Liability - $100,000

Comprehensive Automobile Liability per accident - $500,000

Comprehensive Auto Liability per person - $200,000

Per occurrence for Bodily Injury - $500,000

Per occurrence for Property Damage - $20,000

52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond the last day of the current period. The Government's ob ligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which pay ment for contract purposes can be made. No Jegalliability on the part of the Government for any payment may arise for performance under this contract beyond the last day of the current period, 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)

RFPP0700CC1300016 Page 12 of 18

52.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR 2011)

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

In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit it to the Past Performance Information Retrieval System (PPIRS). The BOP utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to provide contractor performance evaluations. The contractor shall provide and maintain a current e-mail address throughout the life of the contract. The contractor will receive an e-mail from the Focal Point thru the following website address webptsmh@navy.milwhen the contract is registered in CPARS. The e-mail will contain a "user 10" and temporary password to register in the CPARS system. The contractor must be registered to access and review its evaluation and/or provide a response. Ifassistance is required when registering, please contact the Contracting Staff/Focal Point.

(End of Clause)

[END OF ADDENDUM TO FAR 52.212-4]

52.212-5 Contract Terms and Conditions Reguired to Implement Statutes or Executive Orders--Commercialltems (July 2(JJ3)

Please see attachments for full text

RFPP0700CC1300016 Page 13 of 18

Section 4 - List of Attachments

Exhibits and Attachments Identifier Title Number of

Pages

1 SOW 14

2 Pricing 1 3 FBOP SubContracting Plan 13

RFPP0700CC1300016 Page 14 of 18

Section 5 - Solicitation Provisions

52.212-1 Instructions to Offerors-Commercial Items (July 2013)

Please see attachments for full text

A.2 ADDENDUM TO FAR 52.212-1, Instructions to Offerors-Commercialltems (July 2013)

The terms and conditions for the following provisions are herebyincorporated into this solIcitation as an addendum to FAR provision 52.212-1.

ETY Act Pre-qualification Designation Notice (Feb 2009)

Act Block Designation I Certification. (Feb 2009)

Act Coverage Not Applicable. (Feb 2009)

II-vall'::tflnn of Options (July 1990)

1f;lIhm;~~;nn of Offers in U.S. Currency (Apr 1991)

Name or Equal (Aug 1999) for Award Management (July 2013)

Provisions by Full Text

52.204·8 Annual Representations and Certifications (July 2013) please see attachments for full text

52.209-7 Information Regarding Responsibility Matters (JuI2013)

RFPP0700CC1300016 Page 15 of 18

Please see attachments for full text

52.230-7 Proposal Disclosure Cost Accounting Practice Changes (Apr 2005)

The offeror shall check "yes" below if the contract award will result in a required or unilateral change in cost accounting practice, in cluding unilateral changes requested to be desirable changes.

Yes

No

If the offeror checked "Yes" above, the offeror shall

(1) Prepare the price proposal in response to the solicitation using the changed practice for the period of performance for which the practice will be used; and

(2) Submit a description of the changed cost accounting practice to the Contracting Officer and the Cognizant Federal Agency Official as pricing support for the proposal.

(End of provision)

FAO-0021 Business Management Questionnaire

(a) Provide the work distribution, by percentage, among commercial contracts and Government contracts (including subcontracts under Government contracts).

COMMERCIAL: percent GOVERNMENT: percent

(b) List the last three contracts awarded to your firm which are of a related nature, indicating for each the following:

(I) (a) Customer & Address

(b)

(c)

(d)

(e)

(t)

(Phone)

Contract Number

Person to Contact

Type of Work _

Amount of Contract

Contract Status [--.1 Active [--.1 Complete

(2) (a) Customer & Address

(b)

(c)

(d)

(e)

(f)

(Phone)

Contract Number

Person to Contact

Type of Work _

Amount of Contract

Contract Status [--.1 Active U Complete

(3) (a) Customer & Address

RFPP0700CC1300016 Page 16 of 18

(Phone) _______________

(b) ContractNumber _____________

(c) Person to Contact _____________

(d) TypeofWork _____________

(e) Amount of Contract

(t) Contract Status LJ Active LJ Complete

(4) Bank Reference:

(a) Name of Bank._____________

(b) (Phone)______________

(c) Person to Contact _____________

(5) Total estimated amount of work under this contract that your firm will complete (excluding subcontractors):

_____--'percent

K.2 Subcontract Certification

This contract does [ ] does not [ ] provide for any subcontracting possibilities. If answer is in the affirmative, offeror will submit [ ] a subcontracting plan in accordance with the requirements of FAR 52.219-9.

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

Faith-based and Community-based organizations can submit offers/bids/quotations equally with other organizations for contracts for which they are eligible.

[End of Provision]

52.216-1 Type of Contract (Apr 1984)

The Government contemplates award of a Requirements Firm Fixed Price contract resulting from this solicitation.

(End of provision)

52.233-2 Service of Protest (Sept 2006)

(a) Protests, as defined in section 33.10 I ofthe Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Procurement Executive, Federal Bureau of Prisons, 320 First Street, NW Room 500-5, Washington, DC 20534.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)

(a) The following definitions apply in this provision:

(1) "Agency Protest Official" means the official, other than the contracting officer, designated to review and decide procurement protests filed with a contracting activity of the Department of Justice.

(2) "Deciding Official" means the person chosen by the protestor to decide the agency protest; it may be either the Contracting Officer or the Agency Protest Official.

(3) "Interested Party" means an actual or prospective offeror whose direct economic interest would be affected by the award of a con

RFPP0700CC1300016 Page 17 of 18 tract or by the failure to award a contract.

(b) A protest filed directly with the Department ofJustice must:

(I) Indicate that it is a protest to the agency.

(2) Be filed with the Contracting Officer.

(3) State whether the protestor chooses to have the Contracting Officer or the Agency Protest Official decide the protest. If the protest or is silent on this matter, the Contracting Officer will decide the protest.

(4) Indicate whether the protestor prefers to make an oral or written presentation of arguments in support of the protest to the deciding officia1.

(5) Include the information required by FAR 33.103(d)(2):

(i) Name, address, facsimile number and telephone number of the protestor.

(ii) Solicitation or contract number.

(iii) Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protestor.

(iv) Copies of relevant documents.

(v) Request for a ruling by the agency.

(vi) Statement as to the form of relief requested.

(vii) All information establishing that the protestor is an interested party for the purpose of filing a protest.

(viii) All information establishing the timeliness of the protest.

(c) An interested party fi ling a protest with the Department of Justice has the choice of requesting either that the Contracting Officer or the Agency Protest Official decide the protest.

(d) The decision by the Agency Protest Official is an alternative to a decision by the Contracting Officer. The Agency Protest Official will not consider appeals from the Contracting Officer's decision on an agency protest.

(e) The deciding official must conduct a scheduling conference with the protestor within five (5) days after the protest is filed. The scheduling conference will establish deadlines for oral or written arguments in support of the agency protest and for agency officials to present information in response to the protest issues. The deciding official may hear oral arguments in support ofthe agency protest at the same time as the scheduling conference, depending on availability of the necessary parties.

(t) Oral conferences may take place either by telephone or in person. Other parties may attend at the discretion ofthe deciding official.

(g) The protestor has only one opportunity to support or explain the substance of its protest. Department ofJustice procedures do not provide for any discovery. The deciding official may request additional information from either the agency or the protestor. The decid ing official will resolve the protest through informal presentations or meetings to the maximum extent practicable.

(h) An interested party may represent itself or be represented by legal counsel. The Department of Justice will not reimburse the pro tester for any legal fees related to the agency protest.

(i) The Department of Justice wiJI stay award or suspend contract performance in accordance with FAR 33.1 03(t). The stay or suspen sion, unless over-ridden, remains in effect until the protest is decided, dismissed, or withdrawn.

G) The deciding official will make a best effort to issue a decision on the protest within twenty (20) days after the filing date. The de cision may be oral or written.

(k) The Department of Justice may dismiss or stay proceeding on an agency protest if a protest on the same or similar basis is filed with a protest forum outside the Department of Justice.

(End of Clause)

[END OF ADDENDUM TO FAR 52.212-1]

52.212-2 Evaluation - Commercial Items (Jan 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the soli citation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to eval uate offers:

In descending order of importance: Past Performance, Corporate Resources and Ability to effectively manage the contract, Proposed

Personnel, and Technical Capabilitiesl Approach.

Technical and past performance, when combined, are more important than price, however as proposals become more equal, price be comes more important and may become the determining factor

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

RFPP0700CC1300016 Page 18 of 18

Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance ofan offer, mailed or otherwise furnished to the successful offeror within the time for ac ceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified ex piration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

STATEMENT OF WORK

FOR MAINTENANCE AND REPAIR OF

PRIVATE BRANCH EXCHANGE (PBX) SYSTEMS

I. PURPOSE AND SCOPE

To establish and maintain a comprehensive maintenance program for the MedTel Services llC 2020 /Cerato PBX Systems listed on Schedule A, the Vendor will furnish parts and services required by this Statement of Work (SOW) and in accordance with Special Item Number 132-34 of Federal Supply Schedule Contract GS-35F-0399Y which includes:

1. like for like Replacement Parts

2. 24 x 7 Technical Assistance

3. Guaranteed Telephone Response

4. Configuration Support

5. Troubleshooting Analysis

6. Diagnostic Research

7. Application Support

8. Software Version Updates and Point Releases

9. Software Release Notes

10. Computerized Database for Tracking and Reporting

II. DESCRIPTION OF REQUIRED SERVICES

Like for Like Replacement Parts· To ensure that replacement parts are available for repairs, the Vendor will provide an exchange service of like for like Replacement Parts for the replacement parts that may be required to restore a malfunctioning 2020/Cerato PBX to a normal operating condition providing the exchange is approved by the Technical Assistance Center and the defective parts are returned to the appropriate service center for repair.

1. Service Spares· To ensure that replacement parts are available to quickly restore a malfunctioning 2020/Cerato PBX to a normal operating condition, many FBOP sites will maintain an inventory of recommended service spares. For this reason, this SOW requires the Vendor to repair service spares through the exchange of like for like Replacement Parts.

2. MedTei Service ToLee Voice Mail System· This requires the Vendor to include the the repair of replacement parts for MedTel Svc Tolee Voice Mail System by the

IIPagc exchange of Like for Like Replacement Parts.

3. Telephone Sets - This SOW requires the Vendor to include the repair of of Telephone Sets through the exchange of Like for Like Replacement Replacement Parts.

4. Advance Replacement Service - To ensure that replacement parts are made available in those instances where the required parts are not available on site, the Vendor will provide an Advance Replacement Service to ship any required replacement parts on the day the Technical Assistance Center determines that advance replacement parts are required to restore a malfunctioning 2020/Cerato PBX to a normal operating condition.

5. Shipping Advance Replacement - To deliver parts the FBOP site as soon as possible, this SOW requires the Vendor to pay all of the costs to ship advance replacement parts for overnight delivery.

6. Defective Parts - To ensure a continuous turnover of Like for Like Replacement Parts, the FBOP site will return defective parts to the appropriate service center within thirty (30) days of receipt of advance replacement parts.

7. Shipping Defective Parts to the Repair Center - This SOW requires the FBOP site to pay all of costs to ship defective parts to the appropriate repair facility.

8. Non-returned Parts - In the event defective parts are not returned to the appropriate service center within thirty (30) days of receipt of advance replacement parts, this SOW authorizes the Vendor to invoice the FBOP site for the advance replacement parts at the price listed in Federal Supply Schedule Contract GS-3SF 0399Y.

9. Limitations - Like for Like Replacement Parts is specifically intended to furnish replacement parts that may be required to restore a malfunctioning 2020 /Cerato PBX to a normal operating condition and provide an exchange service for defective service spares. For this reason, this SOW does not require the Vendor to provide new parts except those rare occasions when other replacement parts are not ready for shipment on the day the Technical Assistance Center determines that advance replacement parts are required to restore a malfunctioning 2020/ Cerato PBX to a normal operating condition and under no circumstances is the Vendor required to exchange new parts for service spares sent in for repair.

24 X 7 Technical Assistance - To provide technical assistance and support whenever needed, 21Pagc the Vendor will maintain a Technical Assistance Center which will answer calls 24 hours a day, 7 days a week, 52 weeks a year including Holidays

Guaranteed Telephone Response - To guarantee the highest level of technical assistance and support, the Vendor will ensure the Telephone Assistance Center is'staffed by technicians with field experience and the highest level of 20-20 certifications 24 hours a day, 7 days a week, 52 weeks a year including Holidays

Configuration Support - To support FBOP Communications Specialists and Technicians when they are performing Moves, Adds and Changes to the 2020/ Cerato PBX, the Technical Assistance Center will be available to answer questions, furnish guidance and/or render assistance when problems arise.

1. Limitations - Configuration Support is intended to provide assistance to FBOP Communications Specialist and Technicians when they encounter difficulties and this SOW does not require the Technical Assistance Center to administer Moves, Adds and Changes to the 2020/ Cerato PBX. For this reason, this SOW only requires the Technical Assistance Center to provide this service to FBOP Communications Specialists and Technicians that are registered with the Technical Assistance Center as certified to work on the 2020 PBX.

Troubleshooting Analysis and Diagnostic Research - To assist FBOP Communications Specialists, Technicians and other staff in restoring a malfunctioning 2020/ Cerato PBX to a normal operating condition, the Technical Assistance Center will provide repair and maintenance consultation to those locations with the facilities and equipment for remote diagnostics.

1. Limitations - Troubleshooting analysis and diagnostic research is only available to those locations where the FBOP has installed the facilities and equipment for remote diagnostics. For this reason, this SOW does not require the Technical Assistance Center to provide this service to any location without the facilities and equipment for remote diagnostics.

Application Support - To support software applications implemented at the FBOP, the Technical Assistance Center will provide assistance by remote access and/or by duplicating the application on a 2020/ Cerato system that has been installed at the Technical Assistance Center as an FBOP test system.

1. Limitations - Application Support is available when assistance is needed to diagnose service and configuration issues with 2020/ Cerato systems that are operating at the current generic software release or the generic release immediately preceding the most current one. For this reason, this SOW only requires the Technical Assistance Center to provide this service to those locations with 2020 systems with remote access and operating at the current generic software release or the generic release immediately preceding the most current release. This SOW does not require the Technical Assistance Center to provide this service to sites without remote access or sites where the operating software is obsolete.

Software Version Updates and Point Releases - To enhance the ability of the Technical Assistance Center to diagnose service and configuration issues faster and more efficiently, the Vendor will provide Software Version Updates and/or Point Releases to ensure that the 2020/ Cerato system is operating with the current generic software release or the generic release immediately preceding the…