Amendment 001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE OMB Clearance Control

Number : 1103-0018

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

03/07/2011

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

COCODE

Federal Bureau of Prisons Privatized Corrections Contracting 320 FIRST STREET NW-Room 5005

WASHINGTON, DC 20534

6. ISSUED BY CODE7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NO.

RFP-PCC-0020

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

01/28/2011

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning __1__copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitaiton/contract subject matter where feasible.)

See Block 14 Continuation Sheet(s)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Kelly Young

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

03/07/2011

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

RFP-PCC-0020/0001 Page 1 of 30

Table of Contents

Section Description Page Number

A Solicitation/Contract Form B Supplies or Services and Prices/Costs C Description/Specifications/Statement of Work D Packaging and Marking E Inspection and Acceptance

52.246-4 Inspection of Services--Fixed-Price (Aug 1996) F Deliveries and Performance

52.242-15 Stop-Work Order (Aug 1989) G Contract Administration Data

2852.201-70 Contracting Officer's Technical Representative (COTR) (JAN 1985) H Special Contract Requirements

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)

I Contract Clauses 52.202-1 Definitions (July 2004) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant Against Contingent Fees (Apr 1984) 52.203-6 Restrictions On Subcontractor Sales To The Government (Sept 2006) 52.203-7 Anti-Kickback Procedures (Oct 2010) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (Jan 1997) 52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity (Jan 1997) 52.203-12 Limitation On Payments To Influence Certain Federal Transactions (Oct 2010) 52.203-13 Contractor Code of Business Ethics and Conduct (Apr 2010) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (Aug 2000) 52.204-7 Central Contractor Registration (Apr 2008) 52.204-10 Reporting Subcontract Awards (Jul 2010) 52.215-2 Audit and Records--Negotiation (Oct 2010) 52.215-8 Order of Precedence--Uniform Contract Format (Oct 1997) 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--Modifications (Oct 2010). . 14 52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications (Oct 2010) 52.215-15 Pension Adjustments and Asset Reversions (Oct 2010) 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other than Pensions (July 2005) 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data--Modifications (Oct 2010) 52.217-2 Cancellation Under Multiyear Contracts (Oct 1997) 52.219-16 Liquidated Damages-Subcontracting Plan (Jan 1999) 52.222-3 Convict Labor (June 2003) 52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation (July 2005) 52.222-21 Prohibition of Segregated Facilities (Feb 1999) 52.222-26 Equal Opportunity (Mar 2007) 52.222-35 Equal Opportunity for Veterans (Sep 2010) 52.222-36 Affirmative Action for Workers with Disabilities (Oct 2010) 52.222-37 Employment Reports Veterans (Sep 2010) 52.222-41 Service Contract Act of 1965. (Nov 2007) 52.222-43 Fair Labor Standards Act and Service Contract Act - Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) 52.222-50 Combating Trafficking in Persons (Feb 2009) 52.222-54 Employment Eligibility Verification (Jan 2009) 52.223-6 Drug Free Workplace (May 2001) 52.224-1 Privacy Act Notification (Apr 1984) 52.224-2 Privacy Act (Apr 1984) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) 52.227-1 Authorization and Consent (Dec 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007) 52.229-3 Federal, State and Local Taxes (Apr 2003) 52.232-1 Payments (Apr 1984) 52.232-8 Discounts For Prompt Payment (Feb 2002)

RFP-PCC-0020/0001 Page 2 of 30

52.232-9 Limitation on Withholding of Payments (Apr 1984) 52.232-11 Extras (Apr 1984) 52.232-18 Availability Of Funds (Apr 1984) 52.232-23 Assignment Of Claims (Jan 1986) 52.232-25 Prompt Payment (Oct 2008) 52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003) 52.233-1 Alt I Disputes (July 2002)- Alternate I (Dec 1991) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.237-3 Continuity Of Services (Jan 1991) 52.242-13 Bankruptcy (July 1995) 52.243-1 Alt I Changes--Fixed Price (Aug 1987)- Alternate I (Apr 1984) 52.246-25 Limitation of Liability--Services (Feb 1997) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (May 2004) 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) 52.253-1 Computer Generated Forms (Jan 1991) 52.203-14 Display of Hotline Poster(s) (Dec 2007) 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (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) 52.219-28 Post-Award Small Business Program Rerepresentation (Apr 2009) 52.223-18 Contractor Policy to Ban Text Messaging While Driving (Sep 2010) 52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984)

J List of Attachments K Representations, Certifications and Other Statements of Offerors

52.204-8 Annual Representations and Certifications (Oct 2010) 52.209-7 Information Regarding Responsibility Matters (Apr 2010)

L Instructions, Conditions and Notices to Offerors

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005). . . 21

52.215-1 Instructions to Offerors--Competitive Acquisition (Jan 2004) 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)

M Evaluation Factors for Award 52.217-5 Evaluation of Options (July 1990)

RFP-PCC-0020/0001 Page 3 of 30

Section B - Supplies or Services and Prices/Costs

Block 14 Continuation: The purpose of this amendment is to change the inmate days, clarify the Notice to Proceed date in section F.3, and extend the closing date of the solicitation.

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Period: 10/01/2011 through 09/30/2012 Previous :

11,680.000000

Change:

-3,648.000000

Current :

8,032.000000

DY $____________ $___________________

0002 Option Year One: 10/01/2012 through 09/30/2013 Previous:

11,680.000000

Change:

-3,648.000000

Current :

8,032.000000

DY $____________ $___________________

0003 Option Year Two: 10/01/2013 through 09/30/2014 Previous:

11,680.000000

Change:

-3,648.000000

Current :

8,032.000000

DY $____________ $___________________

0004 Option Year Three: 10/01/2014 through 09/30/2015 Previous:

11,680.000000

Change:

-3,648.000000

Current :

8,032.000000

DY $____________ $___________________

0005 Option Year Four: 10/01/2015 through 09/30/2016 Previous:

11,680.000000

Change:

DY $____________ $___________________

RFP-PCC-0020/0001 Page 4 of 30

-3,648.000000

Current :

8,032.000000

0006 Psychological Evaluations

Base Period: 10/01/2011 through 09/30/2012

Previous:

64.000000

Change: 0.000000

Current :

64.000000

SS $____________ $___________________

0007 Psychological Evaluations

Option Year One: 10/01/2012 through 09/30/2013

Previous:

64.000000

Change: 0.000000

Current :

64.000000

SS $____________ $___________________

0008 Psychological Evaluations

Option Year Two: 10/01/2013 through 09/30/2014

Previous:

64.000000

Change: 0.000000

Current :

64.000000

SS $____________ $___________________

0009 Psychological Evaluations

Option Year Three: 10/01/2014 through 09/30/2015

Previous:

64.000000

Change: 0.000000

Current :

64.000000

SS $____________ $___________________

0010 Psychological Evaluations

Option Year Four: 10/01/2015 through 09/30/2016

Previous:

64.000000

Change: 0.000000

Current :

64.000000

SS $____________ $___________________

0011 Psychological Testing

Base Period: 10/01/2011 through 09/30/2012

Previous:

32.000000

Change: 0.000000

Current :

32.000000

SS $____________ $___________________

0012 Psychological Testing

Option Year One: 10/01/2012 through 09/30/2013

Previous: SS $____________ $___________________

RFP-PCC-0020/0001 Page 5 of 30

32.000000

Change: 0.000000

Current :

32.000000

0013 Psychological Testing

Option Year Two: 10/01/2013 through 09/30/2014

Previous:

32.000000

Change: 0.000000

Current :

32.000000

SS $____________ $___________________

0014 Psychological Testing

Option Year Three: 10/01/2014 through 09/30/2015

Previous:

32.000000

Change: 0.000000

Current :

32.000000

SS $____________ $___________________

0015 Psychological Testing

Option Year Four: 10/01/2015 through 09/30/2016

Previous:

32.000000

Change: 0.000000

Current :

32.000000

SS $____________ $___________________

Clauses By Full Text

B.1 SERVICES AND PRICES/COST

The contractor shall be capable of providing inpatient substance abuse and mental health services to offenders confined in District of Columbia (DC), Department of Corrections, Secure Residential Treatment Program Unit. The contractor shall have documented experience working with an inmate population and understand the criminal justice system. The contractor shall ensure that all personnel providing direct clinical services to in-mates are appropriately licensed/certified by the District of Columbia to provide the services listed. All con-tractors and subcontractors must have the appropriate business/treatment licenses applicable for DC. Contract-ors who administratively manage subcontractors from a State outside of DC must ensure they have all of the ap-propriate licenses for the State in which they are located as well as for DC.

The performance period for the resulting contract will be a one-year base period (to begin upon the effective date of contract award) and four additional one-year option periods. The anticipated total contract period is five years. The anticipated performance start date is October 1, 2011.

Services under this contract may be subcontracted.

RFP-PCC-0020/0001 Page 6 of 30

Services are required to be provided in accordance with Part I, Section C, the Statement of Work, with docu-mentation as required.

PRICING

Prices offered to the Government shall be as low as or lower than those charges to the supplier’s most favored customer for comparable quantities under similar terms and conditions, in addition to any discounts offered for prompt payment.

BILLING INFORMATION

The Government will make payment on a monthly basis via Electronic Fund Transfer. Invoices with the con-tract number should be submitted on a monthly basis in duplicate to the Regional TDAT Coordinator indicated in Item 25 of the SF-33.

Section C - Description/Specifications/Statement of Work

Clauses By Full Text

C.1 Statement of Work

A description of the services to be performed is given in the Statement of Work (see attachment) in this section identified as: Federal Bureau of Prisons, Secure Residential Treatment Program, SRTP Statement of Work (August 2010).

Section D - Packaging and Marking

No Clauses

Section E - Inspection and Acceptance

Clauses By Full Text

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

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

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

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

RFP-PCC-0020/0001 Page 7 of 30 work.

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

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

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

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

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

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

(2) Terminate the contract for default.

(End of clause)

E.2 PLACE OF ACCEPTANCE

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

Section F - Deliveries and Performance

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far

Clause Title

52.242-15 Stop-Work Order (Aug 1989)

Clauses By Full Text

F.2 DELIVERIES

In accordance with Federal Acquisition Regulation (FAR) 16.505, and the clause located in FAR 52.216-18, Ordering, states that any supplies or services to be furnished under this contract shall be ordered by issuance of task orders by a warranted Contracting Officer in the Privatized Corrections Contracting Section, Washington, DC.

F.3 PERFORMANCE

(a) The Contractor must be fully operational and ready for performance to begin within 60 days after the date of contract award. (For the purpose of this soliciation, "contract award" is defined as the date the award document (either the Standard Form 33 or Standard Form 26) is signed by the Contracting Officer).

RFP-PCC-0020/0001 Page 8 of 30

(b) The anticipated periods of performance are:

Base Period: 10/01/2011 through 09/30/2012

Option Year One: 10/01/2012 through 09/30/2013

Option Year Two: 10/01/2013 through 09/30/2014

Option Year Three: 10/01/2014 through 09/30/2015

Option Year Four: 10/01/2016 through 09/30/2016

(c) The contract shall be effective from date of award through September 30, 2012 with the Government's unilateral right to exercise four individual option periods in accordance with the terms of this contract.

(d) Performance requirements of this solicitation and resulting contract are estimates only. These estimates are not representations to offerors or contractors that the estimated requirements will be ordered.

(e) The anticipated period(s) of performance are based on the assumptions that funds are available and the Government will make award by July 1, 2011. The initial performance period will depend on the actual date of award and the issuance of a written award or acceptance of offer mailed or otherwise furnished to the successful offeror to result in a binding contract.

F.4 PLACE OF PERFORMANCE

(a) The Place of Performance is:

Secure Residential Treatment Program Unit

Correctional Treatment Facility

DC Department of Corrections

1901 E Street, SE

Washington, DC 20003

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

TINATION.

Section G - Contract Administration Data

Clauses By Full Text

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

(a) Mr./Ms. Steve Confair, DATOS of Federal Bureau of Prisons Mid-Atlantic Regional Office, ____________________, ____________________, ____________________, is hereby designated 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)

RFP-PCC-0020/0001 Page 9 of 30

G.1 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE

(a) Steve Confair, the Mid-Atlantic Region Drug Abuse Treatment Oversight Specialist (DATOS), or his successor, is designated as the Contracting Officer's Technical Representative (COTR).

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

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

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

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

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

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

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

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

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

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

(e) During the term of the contract, the Contracting Officer, or his successor, shall administer the contract on behalf of the Govern-ment. Technical matters which cannot be resolved by the Contractor and the COTR as well as other contractual difficulties, are to be brought to his immediate attention. The Contracting Officer may be reached at the address and telephone number shown on the SF- 33, block 10.

G.2 PAYMENT SCHEDULE

In consideration of the Contractor's satisfactory performance of services called for under this contract, the Government shall make payment to the Contractor at the fixed daily rates identified in the schedule. The rates cover one person per inmate day.

G.3 BILLING PROCEDURE

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

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

(c) Submit Invoices to:

Federal Bureau of Prisons

Attn: Transitional Drug Abuse Treatment Coordinator

302 Sentinel Dr.

Suite 200

Annapolis Junction, MD 20701

G.4 KEY PERSONNEL

In accordance with the clause entitled "Change in Key Personnel" included in Part I, Section H, the following positions are considered key personnel:

RFP-PCC-0020/0001 Page 10 of 30

Facility Director

G.5 ELECTRONIC SUBCONTRACTING REPORTING SYSTEM (eSRS)

In accordance with FAR 52.219-9, the offeror agrees to submit the Individual Subcontracting Report (ISR), formerly the SF-294, and Summary Subcontracting Report (SSR), formerly the SF-295, as applicable. Pursuant to FAR 19.704, the Federal Bureau of Prisons requires submission of these reports as follows:

The ISR is due semi-annually and at contract completion, always within 30 days after the close of each reporting period unless other-wise directed by the Contracting Officer. Normally, these deadlines are April 30th for the period ending March 31st and October 30th for the period ending September 30th. A seperate report is also due within 30 days after contract completion. Reports are required when due, regardless of whether there has been any subcontracting activity since the inception of the contract or since the last report-ing period.

The SSR must be submitted annually (for twele months ending September 30th). Reports are due 30 days after the close of each re-porting period.

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

Section H - Special Contract Requirements

Clauses By Full Text

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

RFP-PCC-0020/0001 Page 11 of 30 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 all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency.

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

• Integrate pandemic health crisis response expectations into telework agreements.

• With the employee, assess requirements for working at home (supplies and equipment needed for an extended 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-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 if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her ab-sence, another responsible person in the contracting office via telephone or email messages acknowledging the contractor's notifica-tion. The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations.

The Department does reserve the right in such emergency situations to use Federal employees, employees of other agencies, contract support from other existing contractors, or to enter into new contracts for critical support services. Any new contracting efforts would be acquired following the guidance in the Office of federal Procurement Policy issuance "Emergency Acquisitions", May, 2007 and Subpart 18.2. Emergency Acquisition Flexibilities, of the Federal Acquisition Regulations.

[End of Clause]

H.1 CHANGE IN KEY PERSONNEL

Following contract award, any change in key personnel during contract performance is subject to the review and approval of the Transitional Drug Abuse Treatment Coordinator. The Contractor shall submit evidnece that the qualifications of the prospective replacement personnel are equal to or greater than personnel vacating the positions. Such requests for re-view and approval shall be in writing.

Section I - Contract Clauses

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far

Clause Title

52.253-1 Computer Generated Forms (Jan 1991)

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

52.249-2 Termination for Convenience of the Government (Fixed-Price) (May 2004)

RFP-PCC-0020/0001 Page 12 of 30

Clause Title

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

52.244-6 Alt I Subcontracts for Commercial Items (DEC 2010) Alternate I (JUN 2010)

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

52.242-13 Bankruptcy (July 1995)

52.237-3 Continuity Of Services (Jan 1991)

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

52.233-3 Protest after Award (Aug 1996)

52.233-1 Alt I Disputes (July 2002)- Alternate I (Dec 1991)

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

52.232-8 Discounts For Prompt Payment (Feb 2002)

52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003)

52.232-25 Prompt Payment (Oct 2008)

52.232-23 Assignment Of Claims (Jan 1986)

52.232-18 Availability Of Funds (Apr 1984)

52.232-17 Interest (DEC 2010)

52.232-11 Extras (Apr 1984)

52.232-1 Payments (Apr 1984)

52.229-3 Federal, State and Local Taxes (Apr 2003)

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

52.227-1 Authorization and Consent (Dec 2007)

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

52.224-2 Privacy Act (Apr 1984)

52.224-1 Privacy Act Notification (Apr 1984)

52.223-6 Drug Free Workplace (May 2001)

52.222-54 Employment Eligibility Verification (Jan 2009)

52.222-50 Combating Trafficking in Persons (Feb 2009)

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

(Sep 2009)

52.222-41 Service Contract Act of 1965. (Nov 2007)

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

52.222-37 Employment Reports Veterans (Sep 2010)

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

RFP-PCC-0020/0001 Page 13 of 30

Clause Title

52.222-35 Equal Opportunity for Veterans (Sep 2010)

52.222-3 Convict Labor (June 2003)

52.222-26 Equal Opportunity (Mar 2007)

52.222-21 Prohibition of Segregated Facilities (Feb 1999)

52.219-9 Alt II Small Business Subcontracting Plan (JAN 2011)- Alternate II (OCT 2001)

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

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

52.217-2 Cancellation Under Multiyear Contracts (Oct 1997)

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

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

Data--Modifications (Oct 2010)

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

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

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

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

52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--Modifications (Oct 2010)

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

Proposed for Debarment (DEC 2010)

52.204-7 Central Contractor Registration (Apr 2008)

52.204-4 Printed or Copied Double-Sided on Recycled Paper (Aug 2000)

52.204-10 Reporting Subcontract Awards (Jul 2010)

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

52.203-7 Anti-Kickback Procedures (Oct 2010)

52.203-6 Restrictions On Subcontractor Sales To The Government (Sept 2006)

52.203-5 Covenant Against Contingent Fees (Apr 1984)

52.203-3 Gratuities (Apr 1984)

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

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

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

52.202-1 Definitions (July 2004)

RFP-PCC-0020/0001 Page 14 of 30

Clauses By Full Text

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

(a) Definition.

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

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

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

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

Poster(s) Obtain from DOJ Fraud Hotline Poster

Office of In-spector Gener-al (OIG), Fraud Detec-tion Office, ATTN: Poster Request, 1300 N. 17th Street, Suite 3200, Arlington, VA 22209

(Contracting Officer shall insert- (i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster); and

(ii) The website(s) or other contact information for obtaining the poster(s).)

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed $5,000,000, except when the subcontract--

(1) Is for the acquisition of a commercial item; or

(2) Is performed entirely outside the United States.

(End of clause)

52.216-18 Ordering (Oct 1995)

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

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

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

(End of clause)

RFP-PCC-0020/0001 Page 15 of 30

52.216-19 Order Limitations (Oct 1995)

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

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

(1) Any order for a single item in excess of the estimated quantities identified on the SF-33 (Section B, Supplies or Services and Prices/Costs) within the current contract performance period;

(2) Any order for a combination of items in excess of the estimated quantities identified on the SF-33 (Section B, Supplies or Services and Prices/Costs) within the current contract performance period; or

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

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

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

(End of clause)

52.216-21 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 the last day of the base period or the last day of any addi-tional option period should the Government exercise the option clause as specified in the schedule.

(End of clause)

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Of-ficer may exercise the option by written notice to the Contractor within the current 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 within the current performance period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to

RFP-PCC-0020/0001 Page 16 of 30 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 (excluding the exercise of any option under the clause 52.217-8, Option to Extend Services).

(End of clause)

52.219-28 Post-Award Small Business Program Rerepresentation (Apr 2009)

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

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

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

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

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at ht-tp://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e)Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor’s current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or up-dated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the con-tracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it __ is, __ is not a small business concern under NAICS Code ______________ assigned to contract number ______________.

[Contractor to sign and date and insert authorized signer's name and title].

(End of clause)

52.223-18 Contractor Policy to Ban Text Messaging While Driving (Sep 2010)

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

"Driving"– (1) Means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary

RFP-PCC-0020/0001 Page 17 of 30 because of traffic, a traffic light, stop sign, or otherwise.

(2) Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary.

"Text messaging" means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include glancing at or listening to a navigational device that is se-cured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park.

(b) This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, dated October 1, 2009.

(c) The Contractor should--

(1) Adopt and enforce policies that ban text messaging while driving--

(i) Company-owned or -rented vehicles or Government- owned vehicles; or

(ii) Privately-owned vehicles when on official Government business or when performing any work for or onbehalf of the Government.

(2) Conduct initiatives in a manner commensurate with the size of the business, such as--

(i) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and

(ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts that exceed the micro-purchase threshold.

(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 30th of the base year or any option year exer-cised. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropri-ated 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 30th 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)

Section J - List of Attachments

No Clauses

Exhibits and Attachments Identifier Title Number of

Pages 1 Business Management Questionnaire 2 2 Bank Notification Letter 1 3 Client Notification Letter 1 4 Federal Bureau of Prisons Subcontracting Plan 12

Section K - Representations, Certifications and Other Statements of Offerors

Provisions By Full Text

52.204-8 Annual Representations and Certifications (Oct 2010)

RFP-PCC-0020/0001 Page 18 of 30

(a)(1) The North American Industry Classification System…