RFP-PCC-0022_062613.pdf

U.S. Department of Justice

Federal Bureau of Prisons

Washington, DC 20534

June 26, 2013

To All Interested Parties:

The Federal Bureau of Prisons (BOP) has two requirements for the management and operation of a contractor-owned/contractor-leased, contractor-operated correctional facility. Each requirement is to house approximately 1,565 to 2,000 low security, adult male inmates that are primarily criminal aliens, ordinarily with 90 months or less remaining to serve on their sentences.

An offeror may submit for one or both requirements. Faith-based and Community-based organizations can submit offers equally with other organizations for contracts for which they are eligible.

One proposed facility must be located in one of the following states: Ohio, Michigan, Pennsylvania, Delaware, New Jersey or New York. The other proposed facility may be located anywhere in the continental United States.

Potential offerors must submit all potential places of performance to be proposed to the Contracting Officer by Friday, July 19, 2013. Please submit this information using Attachment J-13, Offerors Intent to Propose, located in section J of the solicitation. This information is required in advance of submitting proposals so that the Contracting Officer can request Service Contract Act Wage Determinations for all places of performance. The wage determinations will be incorporated into the solicitation via an amendment.

All questions pertaining to this solicitation must be submitted in writing by July 12, 2013.

All potential offerors are advised that this solicitation includes the clause 52.204-7, Central Contractor Registration (CCR)(DEC 2012). This clause requires that all contractors doing business with the Federal Government after September 30, 2003 be registered in the CCR database. Offerors should include their Data Universal Number System (DUNS) number in their offers on the Standard Form (SF) 33. The Contracting Officer will verify registration in the CCR database prior to award by entering the potential awardees DUNS number into the CCR database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award.

Proposals must be received by 12:00 P.M Eastern Time on August 13, 2013, unless

BOP38335

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BOP38335

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RFP-PCC-0022

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SERVICES AND PRICES/COSTS

The contract resulting from this solicitation will be an

Indefinite-Delivery Indefinite-Quantity Firm Fixed-Priced type contract for services.

The period of performance for any contract which the Government may award under the terms and conditions of this RFP will be for a four-year base period, with three two-year option periods.

PRICING INSTRUCTIONS

Offerors must submit proposals for the total four-year base period and three two-year option periods.

In the event funds are not available after the first, second, third or fourth year of the base period or after the first year of any of the two-year option periods, the Government reserves the right to cancel the contract in accordance with FAR 52.217-2, Cancellation Under Multiyear Contracts.

In the event the contract is cancelled after the first year of the base period because funds are not available, the contractor will be compensated in accordance with FAR 52.217-2, Cancellation

Under Multiyear Contracts, up to the cancellation ceilings set forth below. Ceilings exclude amounts for requirements included in prior years:

Base Year 2 - 30% of the non-recurring allowable costs for the remaining Base Period

Base Year 3 - 15% of the non-recurring allowable costs for

Base Year 4 - 7.5% of the non-recurring allowable costs for

In the event the contract is cancelled during an option period because funds are not available, the contractor will be compensated for the second year of the option period in accordance with FAR 52.217-2, Cancellation Under Multiyear

Contracts, up to the following cancellation ceiling: 7.5% of the second year of that option period price.

PRICING SCHEDULES

For purposes of price evaluation and according to the above instructions, offerors must submit their proposed prices on the attached Pricing Schedule.

The contractor will be required to house a daily population up to

15% over the 100% accepted contract beds.

For example:

If the Accepted Contract Beds (100%) = 1,000 beds

Additional 15% over the number of Accepted Contract beds = 1,150 beds

The contract requirement found in Section C regarding a minimum 100 segregation beds shall not be included in the 115% and shall be additional beds used only for

Special Housing Unit.

Four-Year Base Period - For the Base Period, offerors must submit:

(1) a Monthly Ramp Up Price (MRP);

(2) Ramp Up Per Diem Price (price per inmate per day) for the ramp up period

(3) a Monthly Operating Price (MOP);

(4) a Fixed Incremental Unit Price (FIUP);

(5) a Per Diem Price at 90%, 100%, and 115% capacity; and

(6) an Annual Operating Price (AOP)for each year of the base period, combining the MOP and the

FIUP (calculations should be based on a daily population of 115% of contract beds).

Two-Year Option Periods - Offerors must submit:

(1) MOP;

(2) FIUP;

(3) a Per Diem Price at 90%, 100%, and 115% capacity; and

(4) AOP for each year of the option period, combining the MOP and the FIUP (calculations should be based on a daily population of 115% of contract beds).

Ramp Down Pricing - Offerors must submit:

(1) a Monthly Ramp Down Price (MRDP)

(2) Ramp Down Per Diem Price (price per inmate per day) for the ramp down period

Unless the contract is cancelled because funds are not available, in accordance with FAR 52.217-2, Cancellation Under

Multiyear Contracts, the Government is required to order and the contractor required to furnish at least a guaranteed minimum quantity of 90% of the accepted number of contract beds. In addition, if ordered, the contractor must furnish any additional quantities, not to exceed an estimated maximum of 115% of the accepted number of contract beds. The guaranteed minimum quantity of 90% of the accepted number of contract beds is not applicable during either the ramp up period or the ramp down period.

Monthly Ramp Up Price (MRP) - The MRP applies when the average number of inmates housed in a monthly payment period does not exceed 50% of 100% contract beds. Once the population reaches

50% plus 1 inmate during a monthly payment period, the MRP shall be considered expired for the remainder of the contract. The MOP becomes effective after the expiration of the MRP. During the ramp up period, the Government is required to order and the contractor required to furnish at least a guaranteed minimum quantity of 50% of the accepted number of contract beds.

Monthly Operating Price (MOP) - The MOP will apply after the Ramp

Up Period when the average number of inmates housed in a monthly payment period exceeds 50% of 100% accepted contract beds.

Fixed Incremental Unit Price (FIUP) - The FIUP is the unit price per inmate day that will apply when the average number of inmates housed in a monthly payment period exceeds 90% of 100% contract beds.

Monthly Ramp Down Price (MRDP)- Monthly ramp down refers to a period of time when inmates are transferred from the facility due to the expiration of the contract. This period may become effective approximately three (3) months prior to the expiration of the contract. The MRDP applies when the average number of inmates housed in a monthly payment period reaches 50% of the

100% accepted contract beds. When ramp down becomes effective, the Government is required to order and the contractor required to furnish at least a guaranteed minimum quantity of 50% of the accepted number of contract beds.

Payment - Monthly payments will begin after Notice to Proceed is issued and inmates begin entering the institution. Notice to

Proceed will take effect on the first day of a calendar month.

PRICING SCHEDULE:

Offeror: Location:

Number of contract beds:

50% Contract Beds:

90% Contract Beds:

100% Contract Beds:

115% Contract Beds:

BASE YEAR #1 Ramp-Up Period (estimated 3 months)

Monthly Ramp Up Price (inmates up to 50% - Guaranteed Minimum)

$ Per month

Total Ramp Up Price (for est. 3 months/91 days)

Per Diem (price per inmate/day)

BASE YEAR #1 Post Ramp-Up Period (estimated 9 months)

Monthly Operating Price (MOP) (up to 90%)(Guaranteed Minimum)

Fixed Incremental Unit Price (FIUP) per inmate/day (90% + 1):

$ Per inmate/day

Per diem at 90% capacity:

Per diem 100% capacity:

Per diem at 115% capacity:

Total Annual Operating Price (AOP) for Base Year including Ramp Up Period with FIUP to 115%*:

$ (Estimated Maximum)

BASE YEAR #2 (12 MONTHS)

Per diem at 90%

Per diem at 100%

Per diem at 115%

Total Annual Operating Price (AOP) with FIUP to 115%*:

BASE YEAR #3 (12 MONTHS)

Per diem at 100% capacity:

BASE YEAR #4 (12 MONTHS)

Monthly Operating Price (MOP) (up to 90%) (Guaranteed Minimum)

OPTION PERIOD #1 - YEAR ONE (12 MONTHS)

Price at 90% capacity:

Price at 100% capacity:

Price at 115% capacity:

OPTION PERIOD #1 - YEAR TWO (12 MONTHS)

OPTION PERIOD #2 - YEAR ONE (12 MONTHS)

OPTION PERIOD #2 - YEAR TWO (12 MONTHS)

OPTION PERIOD #3 - YEAR ONE (12 MONTHS)

OPTION PERIOD #3 - YEAR TWO (12 MONTHS)

RAMP-DOWN PRICING

Monthly Ramp Down Price (MRDP)(inmates 50% and below)(Guaranteed Minimum 50%)

Per diem (price per inmate/day at 50% & below): (one month = 30.4 days)

Formula:

*Explanation for Calculation of FIUP total:

FIUP Total = (Fixed Incremental Unit Price per inmate) X (# of inmates above 90% to 115% contract beds) X (365)

(1) First, figure the number of inmates for the FIUP. FIUP will apply to 250 inmates in the following example.

Example: 900 beds = 90%

1,000 beds = 100% 1,150 beds = 115%

Number of FIUP inmates = 115% number - 90% number Or

= 1150 - 900 = 250 inmates

(2) Then calculate the FIUP total.

Example: If the FIUP per inmate day = $10.00, then

FIUP TOTAL = ($10.00) x (250 inmates) x (365 days) = $912,500.

If discrepancies exist between the unit prices, including the FIUP, and the total prices, the unit prices will govern.

*Explanation for Calculation of AOP:

Formula: AOP = (MOP) x (12 months) + (FIUP Total)

Example: If MOP = $1,000,000.00 And FIUP Total = $912,500

AOP = ($1,000,000.00) x (12 months) + ($912,500.00) = $12,912,500.00

[End of Section]

SECTION C – PERFORMANCE WORK STATEMENT

See Separate Attachment.

SECTION D - PACKAGING AND MARKING

This section is intentionally left blank.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

(a) Definitions. "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 Government during contract performance and for as long afterwards as the contract requires.

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

(d) If the Government performs inspections or tests on the premises of the

Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient 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 services again in conformity with contract requirements, at no increase in contract amount.

When the defects in services cannot be corrected by re-performance, 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 conformity 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 QUALITY CONTROL AND QUALITY ASSURANCE

Evaluation techniques for quality assurance of contractor performance and contractor quality control are addressed in Section J.

The Government’s Quality Assurance Plan (QAP) is based on the premise the contractor, and not the Government, is responsible for management and quality control actions to meet the terms of the contract. The QAP procedures recognize the contractor is not a perfect manager, and unforeseen and uncontrollable problems may occur. Effective management and use of an efficient Quality Control Program will allow the contractor to operate within acceptable performance levels.

In accordance with Federal Acquisition Regulation 52.246-4, Inspection of Services--Fixed-Price, each phase of the services rendered under this contract is subject to the Government’s inspection both during the contractor's operations and after completion of the tasks. When the contractor is advised of any unsatisfactory condition(s), the contractor shall submit a written report to the Contracting Officer (CO) addressing corrective/preventive actions taken. The Government’s QAP is not a substitute for quality control by the contractor.

The Government may check the contractor's performance and document any noncompliance. However, only the CO may take formal action against the contractor for unsatisfactory performance.

In accordance with the Inspection of Services--Fixed-Price clause, the Government may reduce the contractor’s invoice or otherwise withhold payment for any individual item of nonconformance observed. The Government may apply various inspection and extrapolation techniques (i.e., 100% surveillance, random sampling, planned sampling, unscheduled inspections, etc.) to determine the quality of services and the total payment due.

E.3 CONTRACTOR'S FAILURE TO PERFORM REQUIRED SERVICES

The rights of the Government and remedies described in this section are in addition to all other rights and remedies set forth in this solicitation. Specifically, the Government reserves its rights under the Inspection of Services and Termination clauses. Any reduction in the contractor's invoice shall reflect the contract's reduced value resulting from the contractor's failure to perform required services. The contractor shall not be relieved of full performance of the services hereunder and may be terminated for default based upon inadequate performance of services, even if a reduction was previously taken for any inadequate performance.

E.4 INSPECTION BY REGULATORY AGENCIES

Work described within the contract is subject to inspection by other regulatory agencies. The contractor shall respond to all requests for information and inspection or review findings by regulatory agencies. The results of all such inspections shall be provided to the CO.

E.5 PERFORMANCE EVALUATION MEETINGS

The contractor's representatives shall meet with the CO, Contracting Officer’s Representative (COR) on a regular basis as determined necessary by the CO.

These meetings will provide a management level review and assessment of contractor performance, a discussion and resolution of problems and, if applicable, a draft of the contractor's proposed invoice. A mutual effort will be made to resolve all problems identified. The contractor is responsible for the preparation of the meeting minutes. The written meeting minutes shall be signed by the contractor's representative and the Government’s representative within a reasonable time frame as determined by the CO/COR. Within five calendar days of receipt of the signed minutes, the contractor shall respond in writing to the CO concerning any areas of disagreement.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov.

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

CLAUSES

NUMBER DATE TITLE

52.242-15 AUG 1989 STOP-WORK ORDER

[End of clause]

F.2 PERFORMANCE

For the purpose of this solicitation, the term “contract award” is defined as the date the award document is signed by the Contracting Officer (CO).

Within 150 days of contract award, the contractor must be determined by the Federal Bureau of Prisons (BOP) to be in compliance with contract requirements and capable of assuming full responsibility for performance. This may occur earlier at the request of the contractor, but only if the BOP determined the contractor is capable of accepting inmates.

The contractor’s ability to perform in accordance with the terms of the contract will be assessed by the BOP prior to issuance of the Notice to Proceed (NTP).

The BOP will perform numerous assessments to ensure contract compliance prior to issuance of the NTP.

In order to receive the NTP, the determination of contractor compliance with contract requirements applicable to issuance of the NTP is at the discretion of the CO. The BOP reserves its right under the contract should the contractor fail to comply with the requirements necessary for issuance of the NTP.

Contract performance shall begin upon written issuance of the NTP signed by the CO.

Acceptance of inmates by the contractor shall occur immediately after the http://www.acquisition.gov/ issuance of the NTP.

The anticipated periods of performance include:

Base Year 1: NTP through 12 months

Base Year 2: 13 months through 24 months

Base Year 3: 25 months through 36 months

Base Year 4: 37 months through 48 months

Option Period 1: 49 months through 72 months

(1 st

yr. & 2 nd yr.)

Option Period 2: 73 months through 96 months

(1 st

yr. & 2

Option Period 3: 97 months through 120 months

(1 st

yr. & 2

The performance period of the contract shall be effective from the NTP through 48 months, with the Government’s unilateral right to exercise the three individual two-year option periods in accordance with the terms of this contract.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

(a) An individual that shall be named after contract award is hereby designated to act as Contracting Officer’s

Representative (COR) under this contract.

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

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

Work, the Contracting Officer shall issue such changes.

G.2 TECHNICAL DIRECTION

(a) The COR may at times provide technical direction on contract performance. Technical Direction includes:

(1) Direction to the Contractor which will assist them in accomplishing the requirements of the contract.

(2) Comments on and approval of services.

(b) Technical Direction does not include:

(1) Additional work outside the scope of the contract.

(2) A change as defined by the “Changes” clause.

(3) Any action that would cause and increase or a decrease in contract pricing.

(4) Any action that would alter the period of performance.

(5) Changes any of the other expressed terms or conditions of the contract.

(c) Technical direction will be issued in writing or confirmed in writing within five (5) days after oral issuance. The contracting officer will be copied on any technical direction issued by the contracting officer representative.

(e) If, in the contractor's opinion, any instruction or direction by the contracting officer representative(s) falls within any of the categories defined in paragraph

(b) of the clause, the contractor shall not proceed but shall notify the contracting officer in writing within three (3) days after receiving it and shall request that the contracting officer take appropriate action as described in this paragraph. Upon receiving this notification, the contracting officer shall:

(1) Advise the contractor in writing as soon as practicable, but no later than 15 days after receipt of the contractor's notification, that the technical direction is within the scope of the contract effort and does not constitute a change under the “Changes” clause of the contract.

(2) Advise the contractor within a reasonable time that the government will issue a written modification to the contract; or

(3) Advise the contractor that the technical direction is outside the scope of the contract and is thereby rescinded.

(f) A failure of the contractor and contracting officer to agree as to whether the technical direction is within the scope of the contract, or a failure to agree upon the contract action to be taken with respect thereto, shall be subject to the provisions of the clause entitled “Disputes” in this contract.

(g) Any action(s) taken by the contractor, in response to any direction given by any person acting on behalf of the government or any government official other than the contracting officer or the contracting officer representative, shall be at the contractor's risk.

(End of clause)

G.3 PAYMENT SCHEDULE

In consideration for the contractor’s satisfactory performance of services called for under this contract, the

Government shall make payment to the contractor at the rates identified in the schedule. For billing purposes, inmate days will be calculated based upon a daily official (SENTRY) inmate count to be specified by the Federal Bureau of

Prisons subsequent to award.

Monthly payment shall be based upon the contractor’s fixed price divided by the number of months within each performance period. For the base period and each option period, the fixed incremental unit price will only apply when the number of inmates within the monthly payment period exceeds an average daily population. Except for inmates receiving outside medical care, inmates not physically located within the facility shall not be included in the average daily population.

The contractor assumes full responsibility and risk to perform required services identified within the Statement of

Work regardless of unforeseen events, including Acts of God.

Should an Act of God occur which results in the contractor being unable to meet contract requirements, the Government reserves its rights under the contract to reduce the contract value.

Should it become necessary during performance to reduce the inmate population within any monthly payment period below an average daily population due to deficient contract performance, the Government shall reduce the base price and payment by a percentage corresponding to the reduced population.

G.4 BILLING PROCEDURE

The Government will make payments to the contractor on a monthly basis, promptly after receipt of a proper invoice.

The contractor shall provide a remittance address below:

G.5 ORDERING

In accordance with Federal Acquisition Regulation (FAR)

16.505, Ordering, and the clause at FAR 52.216-18, Ordering, any supplies or services to be furnished under this contract shall be ordered by issuance of task orders by a warranted Contracting Officer (CO) in the Privatized Corrections Contracting Office.

G.6 INSPECTION AND RECEIVING REPORT

The contractor shall prepare an original invoice plus two copies. Invoices shall be furnished to:

Original - Federal Bureau of Prisons

Privatization Management Branch Attn: Administrator Privatization - Contract Invoice Enclosed 320 First St., NW Room 4002

Copies - Two additional copies of the invoice, clearly marked as “COPY,” shall each be submitted to the site CO and Senior Secure Institution

Manager (SSIM) to increase efficiency in the certification process.

The CO and SSIM will verify services were satisfactorily performed and invoices are proper and correct.

Invoices shall be certified for receipt of services by the

Assistant Administrator, Privatization Management Branch, before being forwarded to the Finance Office for certification and payment.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 CHANGE IN ESSENTIAL PERSONNEL

Following contract award, any change in essential personnel during contract performance is subject to the review and approval of the Contracting Officer’s Representative. Such requests for review and approval shall be in writing.

Failure of the contractor to fill any essential position may result in an invoice reduction from the day of the vacancy.

The following positions are considered essential personnel:

Project Coordinator

Warden(s) Associate Warden(s) Administrator, Religious Services Case Management Coordinator Chief, Correctional Services Computer Services Manager Correctional Shift Supervisors Facilities Manager/Administrator Food Service Administrator Human Resource Manager Inmate Systems/Records Office Manager Intelligence Officer Medical Services Administrator Quality Control Specialist Safety/Environmental Specialist

H.2 POST-AWARD PERFORMANCE CONFERENCE

A post-award performance conference between the Federal

Bureau of Prisons (BOP) and the contractor will be held prior to issuance of the Notice to Proceed.

The purpose of the post-award performance conference is to discuss and develop a mutual understanding concerning scheduling and administering the work, introduce BOP and contractor staff and resolve as many potential problems as possible before performance.

Contractor participation in the post-award performance conference is required. The Project Coordinator, and other contractor personnel as identified by the Contracting

Officer, will be required to attend the post-award performance conference.

PART II - CONTRACT CLAUSES SECTION I - CONTRACT CLAUSES

I.1 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.

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

CLAUSES

NUMBER DATE TITLE

52.202-1 JAN 2012 DEFINITIONS

52.203-3 APR 1984 GRATUITIES

52.203-5 APR 1984 COVENANT AGAINST CONTINGENT FEES

52.203-6 SEP 2006 RESTRICTIONS ON SUBCONTRACTOR

SALES TO THE GOVERNMENT

52.203-7 OCT 2010 ANTI-KICKBACK PROCEDURES

52.203-8 JAN 1997 CANCELLATION, RESCISSION, AND

RECOVERY OF FUNDS FOR ILLEGAL OR

IMPROPER ACTIVITY

52.203-10 JAN 1997 PRICE OR FEE ADJUSTMENT FOR

ILLEGAL OR IMPROPER ACTIVITY

52.203-12 OCT 2010 LIMITATION ON PAYMENTS TO

INFLUENCE CERTAIN FEDERAL

TRANSACTIONS

52.203-13 APR 2010 CONTRACTOR CODE OF BUSINESS

ETHICS AND CONDUCT

52.204-4 MAY 2011 PRINTED OR COPIED DOUBLE-SIDED ON

RECYCLED PAPER

52.204-9 JAN 2011 PERSONAL IDENTITY VERIFICATION OF

CONTRACTOR PERSONNEL

52.204-10 AUG 2012 REPORTING EXECUTIVE COMPENSATION

AND FIRST-TIER SUBCONTRACT AWARDS

52.204-13 DEC 2012

221212FFF

FFF

CENTRAL CONTRACTOR REGISTRATION

MAINTENANCE

52.209-6 DEC 2010 PROTECTING THE GOVERNMENT’S

INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED,

OR PROPOSED FOR DEBARMENT

52.209-9 FEB 2012 UPDATES OF PUBLICLY AVAILABLE

INFORMATION REGARDING

RESPONSIBILITY MATTERS

52.210-1 APR 2011 MARKET RESEARCH

52.215-2 OCT 2010 AUDIT AND RECORDS-NEGOTIATION

52.215-8 OCT 1997 O RDER OF PRECEDENCE—UNIFORM

CONTRACT FORMAT

52.215-11 AUG 2011 PRICE REDUCTION FOR DEFECTIVE

CERTIFIED COST OR PRICING DATA –

MODIFICATIONS

52.215-13 OCT 2010 SUBCONTRACTOR CERTIFIED COST OR

PRICING DATA – MODIFICATIONS

52.215-15 OCT 2010 PENSION ADJUSTMENTS AND ASSET

REVERSIONS

52.215-18 JUL 2005 REVERSION OR ADJUSTMENT OF PLANS

FOR POSTRETIREMENT BENEFITS (PRB)

OTHER THAN PENSIONS

52.215-21 OCT 2010 REQUIREMENTS FOR COST OR PRICING

DATA OR INFORMATION OTHER THAN

COST OR PRICING DATA–MODIFICATIONS

52.217-2 OCT 1997 CANCELLATION UNDER MULTIYEAR

CONTRACTS

52.219-8 JAN 2011 UTILIZATION OF SMALL BUSINESS

CONCERNS

52.219-9 JAN 2011 SMALL BUSINESS SUBCONTRACTING PLAN

Alternate II (OCT 2001)

52.219-16 JAN 1999 LIQUIDATED DAMAGES–SUBCONTRACTING

PLAN

52.219-25 DEC 2010 SMALL DISADVANTAGED BUSINESS

PARTICIPATION

PROGRAM–DISADVANTAGED STATUS AND

REPORTING

52.219-26 OCT 2000 SMALL DISADVANTAGE BUSINESS

PARTICIPATION PROGRAM-INCENTIVE

CONTRACTING

52.219-28 APR 2012 POST-AWARD SMALL BUSINESS PROGRAM

REPRESENTATION

52.222-1 FEB 1997 NOTICE TO THE GOVERNMENT OF LABOR

DISPUTES

52.222-3 JUN 2003 CONVICT LABOR

52.222-4 JUL 2005 CONTRACT WORK HOURS AND SAFETY

STANDARDS ACT–OVERTIME

COMPENSATION

52.222-21 FEB 1999 PROHIBITION OF SEGREGATED

FACILITIES

52.222-26 MAR 2007 EQUAL OPPORTUNITY

52.222-35 SEP 2010 EQUAL OPPORTUNITY FOR SPECIAL

DISABLED VETERANS, VETERANS OF THE

VIETNAM ERA, AND OTHER ELIGIBLE

VETERANS

52.222-36 OCT 2010 AFFIRMATIVE ACTION FOR WORKERS W

WITH DISABILITIES

52.222-37 SEP 2010 EMPLOYMENT REPORTS ON SPECIAL

DISABLED VETERANS, VETERANS OF THE

VIETNAM ERA, AND OTHER ELIGIBLE

VETERANS

52.222-40 DEC 2010 NOTIFICATION OF EMPLOYEE RIGHTS

UNDER THE NATIONAL LABOR

RELATIONS ACT

52.222-41 NOV 2007 SERVICE CONTRACT ACT OF 1965

52.222-43 SEP 2009 FAIR LABOR STANDARDS ACT AND

SERVICE CONTRACT ACT–PRICE

ADJUSTMENT (MULTIPLE YEAR AND

OPTION CONTRACTS)

52.222-50 FEB 2009 COMBATING TRAFFICKING IN PERSONS

52.222-54 JUL 2012 EMPLOYMENT ELIGIBILITY VERIFICATION

52.223-6 MAY 2001 DRUG-FREE WORKPLACE

52.223-12 MAY 1995 REFRIGERATION EQUIPMENT AND AIR

CONDITIONERS

52.223-18 AUG 2011 ENCOURAGING CONTRACTOR POLICIES

TO BAN TEXT MESSAGING WHILE

DRIVING

52.224-1 APR 1984 PRIVACY ACT NOTIFICATION

52.224-2 APR 1984 PRIVACY ACT

52.225-13 JUN 2008 RESTRICTIONS ON CERTAIN FOREIGN

PURCHASES

52.227-1 DEC 2007 AUTHORIZATION AND CONSENT

52.227-2 DEC 2007 NOTICE AND ASSISTANCE REGARDING

PATENT AND COPYRIGHT INFRINGEMENT

52.229-3 FEB 2013 FEDERAL, STATE, AND LOCAL TAXES

52.232-1 APR 1984 PAYMENTS

52.232-8 FEB 2002 DISCOUNTS FOR PROMPT PAYMENT

52.232-9 APR 1984 LIMITATION ON WITHHOLDING OF

PAYMENTS

52.232-11 APR 1984 EXTRAS

52.232-17 OCT 2010 INTEREST

52.232-18 APR 1984 AVAILABILITY OF FUNDS

52.232-23 JAN 1986 ASSIGNMENT OF CLAIMS

52.232-25 OCT 2008 PROMPT PAYMENT

52.232-33 OCT 2003 PAYMENT BY ELECTRONIC FUNDS

TRANSFER-- CENTRAL CONTRACTOR

REGISTRATION

52.233-1 JUL 2002 DISPUTES Alternate I (DEC 1991)

52.233-3 AUG 1996 PROTEST AFTER AWARD

52.233-4 OCT 2004 APPLICABLE LAW FOR BREACH OF

CONTRACT CLAIM

52.237-3 JAN 1991 CONTINUITY OF SERVICES

52.242-13 JUL 1995 BANKRUPTCY

52.243-1 AUG 1987 CHANGES - FIXED-PRICE Alternate I

(APR 1984)

52.244-6 DEC 2010 SUBCONTRACTS FOR COMMERCIAL

ITEMS

52.245-1 APR 2012 GOVERNMENT PROPERTY

52.245-9 APR 2012 USE AND CHARGES

52.248-1 OCT 2010 VALUE ENGINEERING

52.249-2 APR 2012 TERMINATION FOR CONVENIENCE OF

THE GOVERNMENT (FIXED-PRICE)

52.249-8 APR 1984 DEFAULT (FIXED-PRICE SUPPLY AND

SERVICE)

52.253-1 JAN 1991 COMPUTER GENERATED FORMS

[End of Clause]

I.2 52.203-14 DISPLAY OF HOTLINE POSTER(S) (DEC 2007)

(a) Definition.

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

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

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

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

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

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

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

Office of the Inspector General (OIG) Fraud Detection Office

Attn: Poster Request

1300 N. 17 th

Street, Ste 3200 Arlington, VA 22209

Each request for posters must state the contract number and awarding component/bureau, provide a point of contact (with telephone number), mailing and/or Fed Ex address, and the quantity of posters requested.

Although Department of Homeland Security (DHS) posters are mentioned, always use the DOJ poster developed by our OIG.

(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.

I.3 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

(a) The Contractor shall make the following notifications in writing:

(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days.

(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.

(b) The Contractor shall --

(1) Maintain current, accurate, and complete inventory records of assets and their costs;

(2) Provide the ACO or designated representative ready access to the records upon request;

(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor’s ownership changes; and

(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.

(c) The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).

I.4 52.216-18 Ordering (Oct 1995)

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

(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.

I.5 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 90% of the accepted contract beds, other than during the ramp up or ramp down periods, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of 115% of the accepted contract beds;

(2) Any order for a combination of items in excess of 115% of the accepted contract beds; or

(3) A series of orders from the same ordering office within five (5) days that together call for quantities exceeding the limitation in paragraph (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 Regulation (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 limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within three (3) 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.

I.6 52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

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

I.7 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor prior to the expiration of the current period.

[End of Clause]

I.8 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a)The Government may extend the term of this contract by written notice to the Contractor prior to the 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 before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c)The total duration of this contract, including the exercise of any options under this clause, shall not exceed 10 years.

[End of Clause]

I.9 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE

SMALL BUSINESS CONCERNS (JAN 2011)

(a) Definition. See 13 CFR 125.6(e) for definitions of terms used in paragraph (d).

(b) Evaluation preference.

(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except—

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) A concern that is both a HUBZone small business concern and a small disadvantaged business concern will receive the benefit of both the HUBZone small business price evaluation preference and the small disadvantaged business price evaluation adjustment (see FAR clause 52.219-23). Each applicable price evaluation preference or adjustment shall be calculated independently against an offeror’s base offer. These individual preference amounts shall be added together to arrive at the total evaluated price for that offer.

(4) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraphs (d) and (e) of this clause do not apply if the offeror has waived the evaluation preference.

Offer elects to waive the evaluation preference.

(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction.

(i) At least 15 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor’s employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor’s employees or on a combination of the prime contractor’s employees and employees of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns; or

(4) Construction by special trade contractors.

(i) At least 25 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor’s employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor’s employees or on a combination of the prime contractor’s employees and employees of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns.

(e) A HUBZone joint venture agrees that the aggregate of the HUBZone small business concerns to the joint venture, not each concern separately, will perform the applicable percentage of work requirements.

(f)

(1) When the total value of the contract exceeds $25,000, a HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business concern manufacturers.

(2) When the total value of the contract is equal to or less than $25,000, a HUBZone small business concern nonmanufacturer may provide end items manufactured by other than a HUBZone small business concern manufacturer provided the end items are produced or manufactured in the United States.

(3) Paragraphs (f)(1) and (f)(2) of this section do not apply in connection with construction or service contracts.

(g) Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award f this contract. The HUBzone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR 126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone offeror is not a HUBzone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror.

I.10 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES

(MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE

DETERMINATION.

EMPLOYEE CLASS MONETARY WAGE-FRINGE

BENEFITS

Warehouse Specialist WS-5 $16.62 Chief Cook/Steward WS-8 $21.20 Instructor GS-11 $27.51 Secretary IV GS-7 $18.59 Secretary III GS-6 $16.73 Corrections Officer GS-7 $18.59 Personnel Assistant IV GS-7 $18.59 Personnel Assistant II GS-5 $15.00 Nursing Assistant GS-7 $18.59 Carpenter, Maintenance WS-8 $21.20 Automotive Worker WS-8 $21.20 Librarian GS-11 $27.51 Paralegal/Legal Assistant GS-11 $27.51 Stationary Engineer WS-8 $21.20 Licensed Practical Nurse GS-7 $18.59

[End of Clause]

I.11 52.222-49 SERVICE CONTRACT ACT - PLACE OF

PERFORMANCE UNKNOWN (MAY 1989)

(a) This contract is subject to the Service Contract Act, and the place of performance was unknown when the solicitation was issued. In addition to places or areas identified in wage determinations, if any, attached to the solicitation, wage determinations have also been requested for the following:

Unavailable at this time. The Contracting Officer will request wage determinations for additional places or areas of performance if asked to do so in writing by or within 15 days of the release of the solicitation.

(b) Offerors who intend to perform in a place or area of performance for which a wage determination has not been attached or requested may nevertheless submit bids or proposals. However, a wage determination shall be requested and incorporated in the resultant contract retroactive to the date of contract award, and there shall be no adjustment in the contract price.

I.12 52.232-99 Providing Accelerated Payment to Small Business

Subcontractors (DEVIATION) (August 2012)

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

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

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

(End of Clause)

I.13 52.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE

(JAN

1997)

(a) It is expressly agreed and understood that this is a nonpersonal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over professional aspects of the services rendered, including by example, the Contractor’s professional medical judgment, diagnosis, or specific medical treatments. The Contractor shall be solely liable for and expressly agrees to indemnify the Government with respect to any liability producing acts or omissions by it or by its employees or agents. The Contractor shall maintain during the term of this contract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: $1,000,000.00.

(b) An apparently successful offeror, upon request by the Contracting Officer, shall furnish prior to contract award evidence of its insurability concerning the medical liability insurance required by paragraph (a) of this clause.

(c) Liability insurance may be on either an occurrences basis or on a claims-made basis. If the policy is on a claims-made basis, an extended reporting endorsement (tail) for a period of not less than 3 years after the end of the contract term must also be provided.

(d) Evidence of insurance documenting the required coverage for each health care provider who will perform under this contract shall be provided to the Contracting Officer prior to the commencement of services under this contract. If the insurance is on a claims-made basis and evidence of an extended reporting endorsement is not provided prior to the commencement of services, evidence of such endorsement shall be provided to the Contracting Officer prior to the expiration of this contract. Final payment under this contract shall be withheld until evidence of the extended reporting endorsement is provided to the Contracting Officer.

(e) The policies evidencing required insurance shall also contain an…