SF_1449.pdf

RFP-TDAT -003-12 Page 1 of 17

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

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

1. REQUISITION NUMBER

NO.

7. FOR SOLICITATION

INFORMATION CALL:

9.1SSUED BY

Federal Bureau of Prisons

3. AWARD/EFFECTIVE

DATE

a. NAME

CODE

Transitional Drug Abuse Treatment Contracting

320 FIRST STREET NW

Room 5005

WASHINGTON, DC 20534

11. DELIVERY FOR FOB DESTINA

UNLESS BLOCK IS MARKED

D SEE

SCHEDULE

15. I CODE

RFP-TDAT-003-12

DATE

12112/2012

b. TELEPHONE NUMBER (No collect cells) 8. OFFER

TIME

12/27/2012 14:00:00

10. THE ACQUISITION IS

0 SMALL BUSINESS

0 HUBZONE SMALL

BUSINESS

UNRESTRICTED OR SET ASIDE:

WOMEN-OWNED SMAll BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM NAICS: 621420

EDWOSB

%FOR

0 SERVICE-DISABLED

VETERAN.QWNED

SMALL BUSINESS 0 B(A)

SIZE STANDARD: D06

D 13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15CFR 700)

I

13b. RATING

RFP

Federal Bureau of Prisons North Central Regional Office

400 STATE A VENUE

SUITE 800

L.-------1 Federal Bureau of Prisons

KANSAS CITY, KS 66101

17a. CONTRACTOR/

OFFEROR

CODE

2011- Intake Assessment & Report Base Period: 02/0112013 - 01/31/2014

See Continuation Sheet( s) { U.re Rever.fe und!or Atlach Additional Sheet.r ar Nece.r.~ary)

25. ACCOUNTING AND APPROPRIATION DA

Transitional Drug Abuse Treatment Contracting

320 FIRST STREET NW

Room5005

WASHINGTON, DC 20534

Sa. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons North Central Regional Office

400 STATE A VENUE

SUITE 800

KANSAS CITY, KS 6610 I

CODE

TOTAL AWARD AMOUNT (For Govt. Use Only)

. DATED .

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

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL TI'a1SSET FORTH

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

TERMS AND CONDITIONS SPECIFIED

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

CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30c. DATE I

31a. UNITED STATES OF AMERICA OF CONTRACTING

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

Donald Sinsel

STANDARD FORM 1449 (REV. 0212012)

Prescribed by GSA· FAR (48 CFR) 53.212

BOP41233

Typewritten Text Kelvin Bogan

BOP41233

Typewritten Text 202 616 1647

BOP41233

Typewritten Text

BOP41233

Typewritten Text

RCA 004 13

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

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

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

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

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

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

RFP-TDAT-003-12 Page 2 of 17

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule 3 Contract Clauses

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

2004)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

OR OTHER NATIONAL EMERGENCY (May 2008) 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.232-18 Availability Of Funds (Apr 1984) 52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984) 52.237-7 Indemnification and Medical Liability Insurance (Jan 1997)

52.242.1502 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (April 2011)

4 List of Attachments 5 Solicitation Provisions

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

52.209-5 Certification Regarding Responsibility Matters (Apr 2010) 52.209-7 Information Regarding Responsibility Matters (Feb 2012) 52.233-2 Service of Protest (Sept 2006) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)

2.2 Continuation for Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items

RFP-TDAT-003-12 Page 3 of 17

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 2010- Individual Counseling Base Period: 02/01/2013 - 01/31/2014

768.000000 EA $____________ $___________________

0003 2020- Group Counseling Base Period: 02/01/2013 - 01/31/2014

1,152.000000 EA $____________ $___________________

0004 2030 - Family Units Base Period: 02/01/2013 - 01/31/2014

16.000000 EA $____________ $___________________

0005 1202 - Individual Transportatation Base Period: 02/01/2013 - 01/31/2014

20.000000 EA $____________ $___________________

0006 5011 Intake Assessment & Report - Mental Health Base Period: 02/01/2013 - 01/31/2014

4.000000 SS $____________ $___________________

0007 6010 - Individual Mental Health Base Period: 02/01/2013 - 01/31/2014

192.000000 SS $____________ $___________________

0008 6020 - Group Mental Health Base Period: 02/01/2013 - 01/31/2014

288.000000 SS $____________ $___________________

0009 6051 - Medication Monitoring Base Period: 02/01/2013 - 01/31/2014

4.000000 SS $____________ $___________________

0010 5010 - Psychological Evaluation & Report Base Period: 02/01/2013 - 01/31/2014

1.000000 SS $____________ $___________________

0011 5030 - Psychiatric Evaluation & Report Base Period: 02/01/2013 - 01/31/2014

2.000000 SS $____________ $___________________

0012 5020 - Psychological Testing & Report Base Period: 02/01/2013 - 01/31/2014

1.000000 SS $____________ $___________________

0013 2011- Intake Assessment & Report Option Year One: 02/01/2014 - 01/31/2015

18.000000 EA $____________ $___________________

0014 2010- Individual Counseling Option Year One: 02/01/2014 - 01/31/2015

864.000000 EA $____________ $___________________

0015 2020- Group Counseling Option Year One: 02/01/2014 - 01/31/2015

1,296.000000 EA $____________ $___________________

0016 2030 - Family Units Option Year One: 02/01/2014 - 01/31/2015

16.000000 EA $____________ $___________________

0017 1202 - Individual Transportatation Option Year One: 02/01/2014 - 01/31/2015

22.000000 EA $____________ $___________________

0018 5011 Intake Assessment & Report - Mental Health Option Year One: 02/01/2014 - 01/31/2015

4.000000 SS $____________ $___________________

0019 6010 - Individual Mental Health Option Year One: 02/01/2014 - 01/31/2015

192.000000 SS $____________ $___________________

0020 6020 - Group Mental Health Option Year One: 02/01/2014 - 01/31/2015

288.000000 SS $____________ $___________________

0021 6051 - Medication Monitoring Option Year One: 02/01/2014 - 01/31/2015

4.000000 SS $____________ $___________________

0022 5010 - Psychological Evaluation & Report Option Year One: 02/01/2014 - 01/31/2015

1.000000 SS $____________ $___________________

RFP-TDAT-003-12 Page 4 of 17

0023 5030 - Psychiatric Evaluation & Report Option Year One: 02/01/2014 - 01/31/2015

2.000000 SS $____________ $___________________

0024 5020 - Psychological Testing & Report Option Year One: 02/01/2014 - 01/31/2015

1.000000 SS $____________ $___________________

0025 2011- Intake Assessment & Report Option Year Two: 02/01/2015 - 01/31/2016

20.000000 EA $____________ $___________________

0026 2010- Individual Counseling Option Year Two: 02/01/2015 - 01/31/2016

960.000000 EA $____________ $___________________

0027 2020- Group Counseling Option Year Two: 02/01/2015 - 01/31/2016

1,440.000000 EA $____________ $___________________

0028 2030 - Family Units Option Year Two: 02/01/2015 - 01/31/2016

16.000000 EA $____________ $___________________

0029 1202 - Individual Transportatation Option Year Two: 02/01/2015 - 01/31/2016

24.000000 EA $____________ $___________________

0030 5011 Intake Assessment & Report - Mental Health Option Year Two: 02/01/2015 - 01/31/2016

4.000000 SS $____________ $___________________

0031 6010 - Individual Mental Health Option Year Two: 02/01/2015 - 01/31/2016

192.000000 SS $____________ $___________________

0032 6020 - Group Mental Health Option Year Two: 02/01/2015 - 01/31/2016

288.000000 SS $____________ $___________________

0033 6051 - Medication Monitoring Option Year Two: 02/01/2015 - 01/31/2016

4.000000 SS $____________ $___________________

0034 5010 - Psychological Evaluation & Report Option Year Two: 02/01/2015 - 01/31/2016

1.000000 SS $____________ $___________________

0035 5030 - Psychiatric Evaluation & Report Option Year Two: 02/01/2015 - 01/31/2016

2.000000 SS $____________ $___________________

0036 5020 - Psychological Testing & Report Option Year Two: 02/01/2015 - 01/31/2016

1.000000 SS $____________ $___________________

0037 2011- Intake Assessment & Report Option Year Three: 02/01/2016 - 01/31/2017

22.000000 EA $____________ $___________________

0038 2010- Individual Counseling Option Year Three: 02/01/2016 - 01/31/2017

1,056.000000 EA $____________ $___________________

0039 2020- Group Counseling Option Year Three: 02/01/2016 - 01/31/2017

1,584.000000 EA $____________ $___________________

0040 2030 - Family Units Option Year Three: 02/01/2016 - 01/31/2017

16.000000 EA $____________ $___________________

0041 1202 - Individual Transportatation Option Year Three: 02/01/2016 - 01/31/2017

26.000000 EA $____________ $___________________

0042 5011 Intake Assessment & Report - Mental Health Option Year Three: 02/01/2016 - 01/31/2017

4.000000 SS $____________ $___________________

0043 6010 - Individual Mental Health Option Year Three: 02/01/2016 - 01/31/2017

192.000000 SS $____________ $___________________

0044 6020 - Group Mental Health Option Year Three: 02/01/2016 - 01/31/2017

288.000000 SS $____________ $___________________

0045 6051 - Medication Monitoring Option Year Three: 02/01/2016 - 01/31/2017

4.000000 SS $____________ $___________________

0046 5010 - Psychological Evaluation & Report Option Year Three: 02/01/2016 - 01/31/2017

RFP-TDAT-003-12 Page 5 of 17

0047 5030 - Psychiatric Evaluation & Report Option Year Three: 02/01/2016 - 01/31/2017

2.000000 SS $____________ $___________________

0048 5020 - Psychological Testing & Report Option Year Three: 02/01/2016 - 01/31/2017

1.000000 SS $____________ $___________________

0049 2011- Intake Assessment & Report Option Year Four: 02/01/2017 - 01/31/2018

24.000000 EA $____________ $___________________

0050 2010- Individual Counseling Option Year Four: 02/01/2017 - 01/31/2018

1,152.000000 EA $____________ $___________________

0051 2020- Group Counseling Option Year Four: 02/01/2017 - 01/31/2018

1,728.000000 EA $____________ $___________________

0052 2030 - Family Units Option Year Four: 02/01/2017 - 01/31/2018

16.000000 EA $____________ $___________________

0053 1202 - Individual Transportatation Option Year Four: 02/01/2017 - 01/31/2018

28.000000 EA $____________ $___________________

0054 5011 Intake Assessment & Report - Mental Health Option Year Four: 02/01/2017 - 01/31/2018

4.000000 SS $____________ $___________________

0055 6010 - Individual Mental Health Option Year Four: 02/01/2017 - 01/31/2018

192.000000 SS $____________ $___________________

0056 6020 - Group Mental Health Option Year Four: 02/01/2017 - 01/31/2018

288.000000 SS $____________ $___________________

0057 6051 - Medication Monitoring Option Year Four: 02/01/2017 - 01/31/2018

5.000000 SS $____________ $___________________

0058 5010 - Psychological Evaluation & Report Option Year Four: 02/01/2017 - 01/31/2018

1.000000 SS $____________ $___________________

0059 5030 - Psychiatric Evaluation & Report Option Year Four: 02/01/2017 - 01/31/2018

2.000000 SS $____________ $___________________

0060 5020 - Psychological Testing & Report Option Year Four: 02/01/2017 - 01/31/2018

RFP-TDAT-003-12 Page 6 of 17

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions -- Commercial Items (Feb 2012)

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

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/far

Clause Title

52.242-15 Stop-Work Order (Aug 1989)

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

52.227-1 Authorization and Consent (Dec 2007)

52.224-2 Privacy Act (Apr 1984)

52.224-1 Privacy Act Notification (Apr 1984)

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

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

Clauses by Full Text

52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)

For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commit-ment, individuals or contractor employees providing services must have:

1. Legally resided in the United States (U.S.);2. worked for the U.S. overseas in a Federal or military capacity; or3. been a dependent of a Federal or military employee serving overseas.

If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current inform-ation regarding allied countries: http://www.opm.gov/employ/html/citizen.htm

By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.

[End of Clause]

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA OR OTHER NATIONAL EMERGENCY (May 2008)

During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absentee-

RFP-TDAT-003-12 Page 7 of 17 ism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in Government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.

The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce.

Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation.The types of actions a federal contractor should reasonably take to help ensure performance are:

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

• Cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services where telework is not an option.

• Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful re-mote work in an emergency.

• Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency.

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

• Integrate pandemic health crisis response expectations into telework agreements.

• With the employee, assess requirements for working at home (supplies and equipment needed for an extended tele-work period). Security concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropriate.

• Determine how all employees who may telework will communicate with one another and with management to accom-plish work.

• Practice telework regularly to ensure effectiveness.

• Make it clear that in emergency situations, employees must perform all duties assigned by management, even if they are outside usual or customary duties.

• Identify how time and attendance will be maintained.

It is the contractor's responsibility to advise the Government Contracting Officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her ab-sence, another responsible person in the contracting office via telephone or email messages acknowledging the contractor's notifica-tion. The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations.

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

[End of Clause]

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 first day through the last day of the contracts ef-fective 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.

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one for any

RFP-TDAT-003-12 Page 8 of 17 single item listed on the SF-1449 in blocks 19-24, the Government is not obligated to purchase, nor is the Contractor obligated to fur-nish, 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 the estimated quantities identified on the standard form 1449(block 21, quantity) within the current contract period;

(2) Any order for a combination of items in excess of the estimated quantities identified on the standard form 1449(block 21, quantity) within the current contract period; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in para-graph (b)(1) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limita-tions in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-21 Requirements (Oct 1995)

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

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

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

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

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

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

(End of clause)

52.217-8 Option to Extend Services (Nov 1999)

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

(End of clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within the current contract period;

RFP-TDAT-003-12 Page 9 of 17 provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an ex-tension.

(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 five years (excluding the exercise of any options under the clause 52.217-8, Option to Extend Services).

(End of clause)

52.232-18 Availability Of Funds (Apr 1984)

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

(End of clause)

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

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

(End of clause)

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 con-tractor. 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 spe-cific 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 con-tract 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 in-surability 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 ex-tended 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 en-dorsement 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 endorsement to the effect that any cancellation or material change adversely affecting the Government's interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. If, during the performance period of the contract the Contractor changes insurance providers, the Contract-or must provide evidence that the Government will be indemnified to the limits specified in paragraph (a) of this clause, for the entire period of the contract, either under the new policy, or a combination of old and new policies.

(f) The Contractor shall insert the substance of this clause, including this paragraph (f), in all subcontracts under this contract for health care services and shall require such subcontractors to provide evidence of and maintain insurance in accordance with paragraph

(a) of this clause. At least 5 days before the commencement of work by any subcontractor, the Contractor shall furnish to the Contract-ing Officer evidence of such insurance.

(End of clause)

RFP-TDAT-003-12 Page 10 of 17

* Contracting Officer insert the dollar value(s) of standard coverage(s) prevailing within the local community as to the specific medic-al specialty, or specialties, concerned, or such higher amount as the Contracting Officer deems necessary to protect the Government's interests.

52.242.1502 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (April 2011)

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

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

(End of Clause)

[END OF ADDENDUM TO FAR 52.212-4]

RFP-TDAT-003-12 Page 11 of 17

Section 4 - List of Attachments

Exhibits and Attachments Identifier Title Number of

Pages 1 Business Mgt. Questionaire (This is a separate file in FBO) 2 2 Sample Bank Notification Letter (This is a separate file in FBO) 1 3 Sample Client Notification Letter (This is a separate file in FBO) 1 4 Statement of Work, April 2011, No Master's Required (This is a seprate file in FBO) 26 5 Iowa Clxs.docx 21

RFP-TDAT-003-12 Page 12 of 17

Section 5 - Solicitation Provisions

A.2 ADDENDUM TO FAR 52.212-1, Instructions to Offerors -- Commercial Items (Feb 2012)

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

Provisions By Reference

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.acquisition.gov/far

Clause Title

52.212-1 Instructions to Offerors -- Commercial Items (Feb 2012)

Provisions by Full Text

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

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

[End of Provision]

52.209-5 Certification Regarding Responsibility Matters (Apr 2010)

(a)

(1) The Offeror certifies, to the best of its knowledge and belief, that --

(i) The Offeror and/or any of its Principals --

(A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, viol-ating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

RFP-TDAT-003-12 Page 13 of 17

(D) Have [_], have not [_], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally de-termined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court re-view of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice un-der I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further ap-peal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exer-cised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has [[_] has not [_], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) “Principal,” for the purposes of this certification, means an officer; director; owner; partner; or a person having primary manage-ment or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business seg-ment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility.

Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to ex-ceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when mak-ing award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies avail-able to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of Provision)

52.209-7 Information Regarding Responsibility Matters (Feb 2012)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or li-ability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site vis-its, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or re-

RFP-TDAT-003-12 Page 14 of 17 quirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the informa-tion it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or per-formance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitu-tion, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

52.233-2 Service of Protest (Sept 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Procurement Executive, Federal Bureau of Prisons, 320 First St., NW-Room 5005, Washington DC 20534 .

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

(End of provision)

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

(a) The following definitions apply in this provision:

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

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

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

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

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

(2) Be filed with the Contracting Officer.

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

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

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

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

RFP-TDAT-003-12 Page 15 of 17

(ii) Solicitation or contract number.

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

(iv) Copies of relevant documents.

(v) Request for a ruling by the agency.

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

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

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

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

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

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

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

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

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

(i) The Department of Justice will stay award or suspend contract performance in accordance with FAR 33.103(f). The stay or suspen-sion, unless over-ridden, remains in effect until the protest is decided, dismissed, or withdrawn.

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

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

(End of Clause)

2.2 Continuation for Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items

(The provision at 52.212-1 is hereby tailored to modify paragraph (b) "Submission of Offers".

As a minimum, quoters shall submit all of the following documentation:

•Submit a cover page that includes: Name and address of Company and the address of the proposed facility. Also include on the cover page a point of contact name; mailing address; phone number; fax number; and email address.

•Completed SF-1449 (blocks 12, 17a, 17b, 23, 24, 30a, 30b, and 30c).

•Signed copy of any solicitation amendments.

•Completed copy of the representations and certifications at FAR 52.212-3 (see paragraph (k) of that clause for those representations and certifications that the quoter shall complete electronically at www.orca.bpn.gov).

•Completed Federal Bureau of Prisons Service Contract Business Management Questionnaire.

•Copies of Client and Bank Notification Letters.

•Proof that the proposed facility is within the geographic restriction stated in Section 2.1, Continuation of SF-1449, Block 20, Sched-ule of Supplies and Services on the SF-1449.

•Proof that the proposed facility is licensed/certified (as required by the controlling state, county, city, or other controlling public entit-

RFP-TDAT-003-12 Page 16 of 17 ies authority).

•Copy of the most the recent Fire Code Inspection from the National Fire Protection Association (NFPA).

•If services are to be performed at the local Residential Re-entry Center (RRC) a letter from the RRC's authorized negotiator stating the quoter has permission to use the RRC must be provided with the quote.

•Copy of the deed, lease, bill of sale or option to buy for the proposed facility to where services shall be given.

•Proof that the proposed facility is accessible to or accommodates inmates with disabilities.

•Copies of licensed/certified clinical professional a (e.g. psychologist, social worker, etc.) with documented substance abuse training to oversee the program. Individuals shall be licensed in the state in which services will be provided to offenders.

•Copies of licensed professional with prescriptive authority. Individuals shall be licensed in the state in which services will be provided to offenders.

•A copy of each individuals resume listing the highest degree received.

•List of names and positions of each staff member that will provide direct services to the inmates.

•Copies of Primary contractors and/or subcontractors licenses that shall be providing services.

•Copies of the quoters plan for emergency situations to include a contingency plan for suicidal inmates.

Quoters who fail to furnish any of the above submission requirements may be excluded from consideration.

Quotations shall be submitted on or before the quotation deadline specified in Block 8 of the Standard Form 1449, page 1 of the soli-citation. Quotations shall be submitted to the following address:

Kelvin Bogan, Contracting Officer

Federal Bureau of Prisons

320 First Street, NW - Room 5005

Washington, DC 20534

The following paragraphs are not applicable to the solicitation:

(c) Product Sample

(d) Multiple Offers

(e) Multiple Awards

(f) Availability of requirements documents cited in the solicitation

[END OF ADDENDUM TO FAR 52.212-1]

RFP-TDAT-003-12 Page 17 of 17