2_-_Solicitation_RFP-PCC-0025.pdf

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

(15 CFR 700)

RATING

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

RFP-PCC-0025

SEALED BID (IFB)

X NEGOTIATED

4. TYPE OF SOLICITATION 5. DATE

ISSUED

04/18/2017

6. REQUISITION/PURCHASE

NUMBER

CODE BCO

Federal Bureau of Prisons Central Office

320 FIRST STREET NW

WASHINGTON, DC 20534

Jerry Bishop

(O) 616-763-4126 j1bishop@bop.gov

7. ISSUED BY

(O) 661-763-4126

8. ADDRESS OFFER TO (If other than Item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

L.2 See Item 8 14:00:00 06/19/2017

(Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

9. Sealed offers in original and ____________ copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if handcarried, in the depository located in ______________________________________________________ until ________________ local time _________________

10. FOR

INFORMATION

CALL:

A. NAME

Jerry Bishop AREA CODE

NUMBER

763-4126

EXT.

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

j1bishop@bop.gov

11. TABLE OF CONTENTS

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

PART I - SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 4 X I CONTRACT CLAUSES 24

X B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH

X C DESCRIPTION/SPECS./WORK STATEMENT 68 X J LIST OF ATTACHMENTS 132

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

X E INSPECTION AND ACCEPTANCE 2 X K REPRESENTATIONS CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

X F DELIVERIES OR PERFORMANCE 2

X L INSTRS., CONDS., AND NOTICES TO OFFERORS 7X G CONTRACT ADMINISTRATION DATA 2

X M EVALUATION FACTORS FOR AWARD 3X H SPECIAL CONTRACT REQUIREMENTS 4

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

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

12.

13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS(%)

0.00 %

20 CALENDAR DAYS(%)

0.00 %

30 CALENDAR DAYS(%)

0.00 %

0 CALENDAR DAYS(%)

0.00 %

14. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF

OFFEROR

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

OFFER (Type or Print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXT.

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

ITEM

CODE24. ADMINISTERED BY (if other than Item 7) CODE25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print) Jerry Bishop

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA 28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

RFP-PCC-0025 Page 1 of 60

01-60L-17

Federal Bureau of Prisons Attn: Jerry Bishop, CS 1500 Cadet Rd.

Taft, CA 93268 j1bishop@bop.gov

Table of Contents

Section Description Page Number

A Solicitation/Contract Form B Supplies or Services and Prices/Costs

B.1 Services and Prices/Costs B.2 Pricing Instructions B.3 Pricing Schedule

C Description/Specifications/Statement of Work C.1 Performance Work Statement

D Packaging and Marking E Inspection and Acceptance

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

E.2 QUALITY CONTROL AND QUALITY ASSURANCE

E.3 CONTRACTOR'S FAILURE TO PERFORM REQUIRED SERVICES

E.4 INSPECTION BY REGULATORY AGENCIES

E.5 PERFORMANCE EVALUATION MEETINGS

F Deliveries and Performance 52.242-15 Stop-Work Order (Aug 1989) 52.211-11 Liquidated Damages - Supplies, Services, or Research and Development (Sept 2000) F.2 Performance

G Contract Administration Data

G.5 INSPECTION AND RECEIVING REPORT

G.4 BILLING PROCEDURE

G.1 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

G.2 TECHNICAL DIRECTION

G.3 PAYMENT SCHEDULE

H Special Contract Requirements H.1 Special Contract Requirements

I Contract Clauses 52.202-1 Definitions (Nov 2013) 52.203-5 Covenant Against Contingent Fees (May 2014) 52.203-3 Gratuities (Apr 1984) 52.203-7 Anti-Kickback Procedures (May 2014) 52.203-6 Restrictions On Subcontractor Sales To The Government (Sept 2006) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014) 52.203-12 Limitation On Payments To Influence Certain Federal Transactions (Oct 2010) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-13 System for Award Management Maintenance (Oct 2016) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) 52.204-14 Service Contract Reporting Requirements (Oct 2016) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.215-2 Audit and Records - Negotiation (Oct 2010) 52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.210-1 Market Research (Apr 2011) 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) 52.215-15 Pension Adjustments and Asset Reversions (Oct 2010) 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other than Pensions (July 2005) 52.219-16 Liquidated Damages - Subcontracting Plan (Jan 1999) 52.219-28 Post-Award Small Business Program Rerepresentation (Jul 2013) 52.219-8 Utilization of Small Business Concerns (Nov 2016) 52.219-9 Small Business Subcontracting Plan (Jan 2017) 52.222-17 Nondisplacement of Qualified Workers (May 2014) 52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation (May 2014) 52.222-3 Convict Labor (June 2003) 52.222-1 Notice to the Government of Labor Disputes (Feb 1997)

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52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014) 52.222-35 Equal Opportunity for Veterans (Oct 2015) 52.222-26 Equal Opportunity (Sept 2016) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (Multiple Year and Option Contracts) (May 2014) 52.222-41 Service Contract Labor Standards (May 2014) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-37 Employment Reports on Veterans (Feb 2016) 52.223-5 Alt I Pollution Prevention and Right-to-Know Information (May 2011) - Alternate I (May 2011) 52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015) 52.222-54 Employment Eligibility Verification (Oct 2015) 52.222-50 Combating Trafficking in Persons (Mar 2015) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (May 2008) 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving (Aug 2011) 52.223-19 Compliance With Environmental Management Systems (May 2011) 52.224-1 Privacy Act Notification (Apr 1984) 52.223-6 Drug Free Workplace (May 2001) 52.223-10 Waste Reduction Program (Jun 2011) 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Dec 2016) 52.223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007) 52.228-5 Insurance - Work on a Government Installation (Jan 1997) 52.229-3 Federal, State and Local Taxes (Feb 2013) 52.232-1 Payments (Apr 1984) 52.232-8 Discounts For Prompt Payment (Feb 2002) 52.224-2 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) 52.232-25 Prompt Payment (Jan 2017) 52.232-23 Assignment of Claims (May 2014) 52.233-1 Disputes (May 2014) 52.232-33 Payment by Electronic Funds Transfer - System for Award Management (Jul 2013) 52.232-11 Extras (Apr 1984) 52.232-9 Limitation on Withholding of Payments (Apr 1984) 52.232-18 Availability Of Funds (Apr 1984) 52.232-17 Interest (May 2014) 52.242-13 Bankruptcy (July 1995) 52.242-5 Payments to Small Business Subcontractors (Jan 2017) 52.243-1 Changes - Fixed-Price (Aug 1987) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.233-3 Protest after Award (Aug 1996) 52.237-3 Continuity Of Services (Jan 1991) 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (Apr 1984) 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) 52.253-1 Computer Generated Forms (Jan 1991) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012) 52.249-4 Termination for Convenience of the Government (Services) (Short Form) (Apr 1984) 52.245-9 Use and Charges (Apr 2012) 52.248-1 Value Engineering (Oct 2010) 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

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

2004) 52.219-4 Notice of Price Evaluation preference for HUBZone Small Business Concerns (Oct 2014)..23 52.222-42 statement of Equivalent Rates for Federal Hires (May 2014) 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

OR OTHER NATIONAL EMERGENCY (May 2008) 52.215-19 Notification of Ownership Changes (Oct 1997) 52.217-8 Option to Extend Services (Nov 1999) 52.203-14 Display of Hotline Poster (s) (OCT 2015) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of

RFP-PCC-0025 Page 3 of 60

Whistleblower Rights (Apr 2014) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) 52.245-2 Government Property Installation Operation Services (Apr 2012) 52.245-1 Alt I Government Property (Jan 2017) - Alternate I (Apr 2012) 52.243-1 Alt I Changes - Fixed-Price (Aug 1987) - Alternate I (Apr 1984)

52.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR

2011) 52.239-101 DOJ Residency Requirement - Information Technology (NOV 2008) 52.237-7 Indemnification and Medical Liability Insurance (Jan 1997) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.252-6 Authorized Deviations in Clauses (Apr 1984) DJAR-PGD-15-03 Security of Department Information and Systems DJAR-PGD-15-02-2C Contractor Certification of Compliance with Federal Tax Requirements – Award (DEVIATION 2015-02) (March 2015) DJAR-PGD-15-02-2B Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Award - (DEVIATION 2015-02) (March 2015) .43 DJAR-PGD-15-02-2A Corporte Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - Award (DEVIATION 2015-02) (March 2015)

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

52.204-16 Commercial and Government Entity Code Reporting (Jul 2016) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017) DJAR-PGD-15-02-1A Corporte Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - (DEVIATION 2015-02) (March 2015) 52.204-8 Annual Representations and Certifications (Jan 2017) 52.209-7 Information Regarding Responsibility Matters (Jul 2013) DJAR-PGD-15-02-1C Contractor Certification of Compliance with Federal Tax Requirements - Solicitation - (DEVIATION 2015-02) (March 2015) DJAR-PGD-15-02-1B Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Solicitation - (DEVIATION 2015-02) (March 2015)

L Instructions, Conditions and Notices to Offerors 52.237-1 Site Visit (Apr 1984) 52.215-1 Alt I Instructions to Offerors--Competitive Acquisition (Jan 2017) - Alternate I (Oct 1997).51 52.204-22 Alternative Line Item Proposal (Jan 2017) 52.222-46 Evaluation of Compensation for Professional Employees (Feb 1993) 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation (Feb 1999)

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

52.233-2 Service of Protest (Sept 2006) 52.204-7 System for Award Management (Oct 2016) L.2 Proposal Preparation Instructions - General 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) L.4 Proposal Preparation Instructions - Volume #2: Technical Proposal L.3 Proposal Preparation Instructions - Volume #1: Offer and Other Documents

L.5 PROPOSAL PREPERATION INSTRUCTIONS - VOLUME #3: PAST PERFORMANCE AND

EXPERIENCE INFORMATION

L.7 FREEDOM OF INFORMATION ACT

L.8 DISPOSITION OF PROPOSALS

M Evaluation Factors for Award 52.217-5 Evaluation of Options (July 1990) M.2 Decisional Rule Criterion M.3 Evalution of Proposals M.4 Overall Relative Importance of Other (Non-Price) Evaluation Criteria and Price M.5 Risk Assessment

RFP-PCC-0025 Page 4 of 60

Section B - Supplies or Services and Prices/Costs

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Offerors must submit their proposed prices on the attached Pricing Schedule (J5).

0.000000 $____________ $___________________

NO ADDITIONAL LINE INFORMATION

Clauses By Full Text

B.1 Services and Prices/Costs

The contract resulting from this solicitation will be a Firm Fixed-Priced 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 three-year base period with seven one-year option periods.

B.2 Pricing Instructions

Offerors must submit pricing for each year of the base period and each option period.

In the event funds are not available for the second, or third base period the government reserves the right to cancel the contract in ac-cordance with FAR 52.217-2, Cancellation Under Muli-Year 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 com-pensated in accordance with FAR 52.217-2, Cancellation Under Multi-Year Contracts, up to the cancellation ceilings set forth below.

Ceilings exclude amounts for requirements included in prior years:

Base Period 2 - 5% of the remaining Base Period.

Base Period 3 - 5% of the remaining Base Period.

Non-recurring allowable costs are defined in the Federal Acquistion Regulations, Part 17.106-1(c)(2).

B.3 Pricing Schedule

For purposes of price evaluation and according to the above instructions, offerors must submit their proposed prices on the attached Pricing Schedule (J5).

The contractor will be required to house a daily population up to 100% of the accepted contract beds.

The contract requirement found in Section C, regarding the 145 bed Special Housing Unit(SHU), shall not be included in the 100% capacity and shall be additional beds used only for Special Housing Unit (SHU).

The offerors must submit:

SCHEDULE A

1) Monthly Ramp Up Price (MRP)

2) Monthly Operating Price (MOP) for each contract year;

3) Annual Operating Price (AOP) (AOP = MOP* 12) for each contract year;

4) Monthly Ramp Down Price (MRDP)

5) 6-Month Extension Price (In Accordance with FAR 52.217-8)

RFP-PCC-0025 Page 5 of 60

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.

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 five (5) 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% ac-cepted 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.

6-Month Extension Price (FAR 52.217-8 Option to Extend Service (NOV 1999) – This will be used in the event that the Govern-ment exercises its unilateral right to extend the term of the contract (not to exceed six months).

Payment - Monthly payments will begin after Notice to Proceed is issued and inmates begin entering the institution. Notice to Pro-ceed will take effect on the first day of a calendar month.

RFP-PCC-0025 Page 6 of 60

Section C - Description/Specifications/Statement of Work

Clauses By Full Text

C.1 Performance Work Statement

See Attached "Performance Work Statement" for section C (68 pages).

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Section D - Packaging and Marking

This Section Is Intentionally Left Blank

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Section E - Inspection and Acceptance

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

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

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

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

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

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

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

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

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

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

(2) Terminate the contract for default.

(End of clause)

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 per-fect 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 Of-ficer (CO) addressing corrective/preventive actions taken. The Government’s QAP is not a substitute for quality control by the con-tractor.

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

RFP-PCC-0025 Page 9 of 60 withhold payment for any individual item of nonconformance observed. The Government may apply various inspection and extrapol-ation 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 so-licitation. 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 inad-equate 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 Contracting Officer.

E.5 PERFORMANCE EVALUATION MEETINGS

The contractor's representatives shall meet with the Contracting Officer (CO), and 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 the con-tractor's performance, a discussion and resolution of problems and, if applicable, a draft of the contractor's proposed invoice. A mutu-al 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.

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Section F - Deliveries and Performance

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

Clause Title

52.242-15 Stop-Work Order (Aug 1989)

Clauses By Full Text

52.211-11 Liquidated Damages - Supplies, Services, or Research and Development (Sept 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $2,181.00 per calendar day of delay.

(b) If the Government terminates this contract in whole or in part under the Default-Fixed-Price Supply and Service clause, the Con-tractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default-Fixed-Price Supply and Service clause in this contract.

(End of clause)

F.2 Performance

For the purpose of this solicitation, the term “contract award” is defined as the date the SF-33 is signed by the Contracting Officer

(CO).

Within 120 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 determines 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 are at the discretion of the CO. The BOP reserves its right under the contract should the contractor fail to comply with the require-ments 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 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 Option Period 1: 37 months through 48 months Option Period 2: 49 months through 60 months

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Option Period 3: 61 months through 72 months Option Period 4: 73 months through 84 months Option Period 5: 85 months through 96 months Option Period 6: 97 months through 108 months Option Period 7: 109 months through 120 months

The performance period of the contract shall be effective from the NTP through 36 months, with the Government’s unilateral right to exercise the seven one-year option periods in accordance with the terms of this contract.

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Section G - Contract Administration Data

G.5 INSPECTION AND RECEIVING REPORT

The contractor shall prepare an original invoice plus one copy. Invoices shall be furnished to:

Original - Federal Bureau of Prisons Privatization Management Branch Attn: Assistnat Administrator, Privatization 320 First St., NW, Room 200 Washington, DC 20534

Copies - One additional copy of the invoice, clearly marked as "COPY", shall be submitted to the site CO and Senior Secure Institutuion 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 for-warded to the Finance Office for certification and payment.

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:

Address:

City:

State:

Zipcode:

Attention:

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. Additional COR's may be appointed as needed.

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 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 COR does not have the authority to alter the contractor’s obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contrac-tual obligations or the Scope of Work, the Contracting Officer is the government official authorized to 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.

RFP-PCC-0025 Page 13 of 60

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

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

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

(5) Changes in 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 of-ficer 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 cat-egories 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.

G.3 PAYMENT SCHEDULE

The Government shall make payment to the contractor at the rates identified in the schedule. Monthly payment shall be based upon the contractor’s MOP/AOP.

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Section H - Special Contract Requirements

H.1 Special Contract Requirements

A. 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 person-nel as identified by the Contracting Officer, will be required to attend the post-award performance conference.

B. Facility Description

Government-owned contractor operated correctional institution(s) in Taft, CA. The Taft site includes a low security correctional insti-tution and a separate minimum security facility. Unless otherwise noted in this SOW, both facilities are collectively identified as the institution. The population in the low security facility will be a low security adult male population consisting primarily of criminal ali-ens (non-U.S. citizens). The population in the minimum security facility will be an adult male population consisting of U.S. citizens.

The low security facility criminal alien population will ordinarily be low security non-U.S. citizen, primarily Mexican, adult males with 90 months or less remaining to serve on their sentences. The minimum security facility will house U.S. citizens with sentences less than 10 years.

The low security facility has three housing units with space to accommodate up to 590 beds in each unit. The population of the low security facility will have a maximum of 1342 inmates. The minimum security facility has a single housing unit with space for up to 585 beds. The population of the minimum security facility will have a maximum of 434 inmates. The housing units contain a number of support spaces such as shower/toilet rooms, TV/day rooms, offices, laundry facilities, etc. Each housing unit is 72,628 square feet.

Offerors are prohibited from housing non-Bureau of Prisons (BOP) inmates at this facility.

The contractor will be required to house a daily population of 100% of the inmate population.

The Taft Facility has a Camp Facility, which contains a one housing unit, and a Camp core building. The Camp Core Building has separate facilities from the low for administration, health service, food service, education, visitation, control and recreation. The facil-ity houses a maximum of 585 U.S citizen, minimum security male inmates. These inmates require additional programming needs to that of the low security Criminal Alien Requirement. The contractor is to refer to the following list of the most current version of BOP Program Statements as a guide to BOP standards for the below inmate programs.

P.S. 5250.02, Public Works and Community Service Projects

P.S. 5280.09, Inmate Furloughs 1/20/11

P.S. 5325.07, Release Preparation Program 12/31/07

P.S. 5331.02, Early Release Procedures Under 18 USC 3621 e)

P.S. 5355.03, Parenting Program Standards 1/20/95

P.S. 5140.37, Unescorted Trips and Voluntary Surrenders 1/31/03

P.S. 5350.28, Literacy Program (GED Standard, 12/01/03

P.S. 5353.01, Occupational Education Programs, 12/1703

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P.S. 5354.03, Postsecondary Education Programs, 1/20/95

The contractor will be required to house a daily population of 100% of the accepted contract beds.

The Special Housing Unit (SHU), located in the low security institution, has 144 beds. The SHU beds shall be additional beds used only for the SHU and shall not be included in the 100%.

The Infirmary Unit has space for 4 beds, which shall not be included in the 100%.

The institution is located on a 250-acre tract in a predominantly rural area of Kern County, 2 miles south and 3 miles east of the City of Taft and approximately 40 miles southwest of Bakersfield. The institution is approximately 2 miles east of California Route 33, 4 miles north of California Route 166 and 24 miles west of the Route 166/Interstate 5 interchange.

The Northeast portion of the Administration Building is reserved for the Bureau of Prisons On-site personnel. This space consists of seven offices, one conference room, two file rooms, one break room, and one copier/communication room. Each office requires ap-propriate electrical and communication lines. The conference room will require a minimum of four computer lines and three phone lines. The copier room will require a fax line and a phone line. The space shall be able to be secured from the remaining area of the institution. The government has reserved ten parking spaces for Bureau of Prisons personnel.

A description of the site layout, detailed base building design, equipment specifications, property, services and architectural floor plans for the institution will be made available upon request. The successful offeror will be provided a complete set of drawings and specifications after contract award.

Taft Correctional Institution is located in Kern County, which has a high rate for the contraction of Valley Fever. Valley Fever is an illness that usually affects the lungs. It is caused by the fungus Coccidioides immitis that lives in the soil in many parts of California.

All detention hardware security keys, which are proprietary to the BOP will be maintained, inventoried, documented and controlled in accordance with the P.S. 5500.11, Chapter 2, part 203, #3, inventories, #4 compromised keys, #6 Keying, Authorized and Unauthor-ized Locks, and # 7 Preventative Maintenance.

C. Government Furnished Property (GFP)

Definitions:

Property Manager – a contractor employee who is responsible for the accountability and management of all GFP.

Staffing Positons:

The contractor shall incorporate a staffing plan position known as the Property Manager who will have the sole responsibility for the accountability and management of all GFP, and contractor property.

Description:

The Taft facility is a Government Owned Contractor-Operated Facility. The contractor will develop a Property Management System, including but not limited to policies, procedures, and property records that satisfies the requirements of Federal Acquisition Clause 52.245-1, Alternate I.

The contractor will develop policies and procedures to meet the requirements of P.S. 4200.10, Chapter 5, 8, 11, 12, 14, and 16 as it pertains to the maintenance of government furnished property. All contractor policies and procedures will be submitted to the Property Administrator for acceptance. In areas where the Program Statement states, “Regional Facilities Manager Approval” replace with Property Administrator and Contracting Officer Acceptance”

The contractor will be required to insure the government facility and equipment in the minimum amount of $100,000,000.00. The in-surance policy shall disclose the government’s interest in the property.

The contractor shall operate and maintain the entire physical plant (interior and exterior) including but not limited to: buildings, equip-ment utilities; grounds; roadways,; and systems (mechanical, electrical, HVAC, plumbing, alarm and fire suppression, life safety, se-curity , radio, telecommunications, and utility distribution, etc.) in accordance with all applicable federal, state, and local laws, regula-tions, codes and guidelines and policies. All GFP will be maintained in accordance with industry standards (e.g., manufacturer’s sug-gested maintenance, operations manuals, etc.) All equipment shall be maintained in a safe and proper manner, free from damage, in operating condition and in a state of cleanliness.

The contractor is responsible for all GFP. A complete inventory of GFP will be conducted by the contractor prior to NTP and annu-ally (January 15th) thereafter. The initial inventory will be submitted to the Property Administrator for acceptance prior to NTP. The

RFP-PCC-0025 Page 16 of 60 contractor will submit a report of any loss, stolen or damaged property to Property Administrator and Contracting Officer (CO) within 24 hours of the occurrence.

All equipment provided under Federal Acquisition Regulation 52.245-2 and listed in Section J Attachment 30 is considered in “As Is” condition, and is meant for provisional start up use only. The government makes no warranty to its condition. If the equipment is no longer operable, the contractor will be responsible for the cost of repair or replacement of this equipment. Any equipment replaced by the contractor at the contractor’s expense will be considered contractor owned property. Any equipment repaired at the contractor’s expense will remain property of the government. Should the contractor fail or refuse to make a required repair, the government reserve its right under contract to perform the necessary work and hold the contractor fully liable for the resulting cost. Contractor provided replacement parts for GFP shall become government property immediately upon installation.

The contractor shall utilize the Bureau’s preventive maintenance software TMS to monitor, track, manage the maintenance and repair of GFP. The contractor shall ensure the data contained within the TMS system is current and accurate.

GFP shall be used solely for the purposes required by the contract. No GFP shall be removed from the institution without written noti-fication and approval to the Property Administrator and CO.

The contractor shall manage the total work effort associated with maintenance, corrective maintenance, calibration, repair and all other services required herein to ensure adequate and timely completion of maintenance and repair services to Government Furnished Prop-erty (GFP). The contractor shall use preventative maintenance system software to schedule and track preventative maintenance, cor-rective maintenance, calibration, inspections, repairs and test activities, etc. All physical plant assets identified in Section J will be re-corded into the software in accordance with FAR 52.245-1 and will have all manufacturer suggested maintenance scheduled. Work or-ders shall be prioritized, (e.g., urgent, routine, etc.) A record of all work orders and dispositions will be maintained through the life of this contract, with a copy of the records submitted to the CO at contract close-out. Contractor staff shall be trained on the use of the software. The contractor will be responsible for all repairs to infrastructure equipment at the contractor’s expense with title vesting in the government. All repairs and renovations will be completed in accordance with the BOP Technical Design Guidelines and equip-ment/material specifications and standards.

The contractor’s property management systems will be analyzed as conditions warrant by the Property Administrator. The contractor will be notified in writing of deficiencies and shall submit a corrective action plan and schedule to the Property Administrator. If the contractor fails to correct deficiencies, the government may effectuate the maintenance or repair at the contractor’s expense. If it is found the property has lost its useful life due to contractor’s improper maintenance and care, the contractor will be responsible for the cost of the replacement GFP that meets specifications of the property being replaced.

The contractor is responsible for ensuring sensitive drawings and specifications are maintained in a secure area and unavailable to in-mates. Sensitive drawings, specifications, product literature and other documents must be stamped with a red “SENSITIVE” stamp.

Any drawing or specification information to be distributed to a subcontractor must be approved by the Property Administrator. The contractor shall submit an inventory of all drawings to the Property Administrator for acceptance prior to NTP and annually thereafter.

Monthly Reports on all maintenance activities including comparative information from the previous month will be submitted to the Property Administrator. Reports will include but are not limited to work requests, preventative work order requests, corrective main-tenance requests, inmate man power report, staff man power report, and equipment usage report. In addition, a monthly utility usage summary will be completed on a BP-A-0255 and submitted to the Property Administrator. The report will include a reading from all meters. Total quantities are to be matched to the actual utility bill and recorded in the proper space on the form. The total gross square footage for energy conservation purposes is determined by the outer dimensions of a structure.

Annual Reports will be submitted on the identified BOP forms by the contractor to the Property Administrator as follows; Plant Oper-ations Mechanical Utilities (BP-A0252), Utility Usage Summary (BP-A0255), Annual Building and Grounds Inspection(BP-A0882), Facilities Biennial electrical inspections (BP-A0880) and iTMS Evaluation (BPA-0887). In addition, the contractor will submit to the Property Administrator an annual Buildings and Facilities report noting any needed renovations, major infrastructure or equipment re-pairs with a justification of the need. All annual reports will be submitted by May 15th.

The contractor shall be responsible to provide all utilities services and trash pick-up, removal and disposal for the facility. In addition, the contractor will be responsible for payment to Pacific Gas and Electric for Utility Energy Savings Contract. The amount of the payment is calculated in accordance with the terms from the BOP contract with PG&E (e.g., energy use from 2015 equipment/process in place minus energy use proposed energy use from replaced equipment/process in place = payment due). The contractor will be ad-ded as the billable party to the UESC for the length of this contract.

The contractor is responsible for any all taxes applicable to the performance of this contract.

The contractor is responsible for the following:

*labor, equipment, supplies management, security clearances, and oversight of all alterations, repairs, improvements and maintenance to the physical plant, including all equipment and utilities, energy conservation and major operating units. This includes oversight of

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BOP construction projects conducted for the improvement or repair of the facility.

*preparation of design plans and specifications and all cost estimates involving alterations and mechanical work submitted to the BOP for approval.

*budget, personnel and reporting compliance in accordance with the FAR 52.245-1, Alternate I and 52.245-2 and PWS, H.Physical Plant, requirement.

*monitoring of federal state and local regulations.

*assuring required licenses and permits are obtained and on file as prescribed by federal, state, and local laws (licenses and permits maybe required to conduct actions i.e., boiler plant operations, trash and fuel tank storage, etc.)

*Providing emergency back-up utilities in the event of an extended outage. (i.e., back-up generator, boiler, chiller, etc.)

The contractor shall comply with all applicable environmental laws, regulations, executive orders and requirements. The contractor shall report all notices of violation to the Property Administrator and COR within 24 hours of receiving the notice. The report must include; the history, facts, circumstances of the notice and a corrective action plan with schedule of action. The contractor is required to administer the established mitigation plan provided in Section J.

As a government owned facility (Federal Building) the contractor will be required to meet and report the energy conservation meas-ures stated in E.O 13123 to the Property Administrator.

The facility is located on semi-arid alluvial fan deposits. The soils are dry collapsible materials subject to subsidence up to 3’ when wetted. The facility was constructed to mitigate settlement issues that can arise from the building on this type of soil. The following special maintenance are required to ensure the integrity of the soil compaction under each building: 1) positive drainage away from building foundations, 2) no landscaping within 15’ of buildings, 3) sealed planters drainers away from all structures and flatwork, 4) drought tolerant landscaping requiring infrequent watering, 5) no sprinkler piping system within 15’ of buildings, roadways or parking areas, 6) roof drainage connected directly to storm drains or with outlets on paved surfaces, and detention basins and storm water channels located at minimum horizontal distance of 200’ from buildings and 100’ from roadways. All drainage facilities shall be well maintained and any damage repaired immediately. The contractor is responsible for monitoring and reporting any settlement issues found at the facility to the Property Administrator.

Any restoration or repairs shall become the property of the government upon completion as part of the physical structure of the institu-tion. The contractor shall be solely responsible for the financial obligation of any repairs, restorations, or rebuilding as determined by the Contracting Officer.

The Government reserves its right to construct additional buildings, renovate…