Solicitation_RFP-TDAT-008-13.pdf

RFP-TDAT-008-13 Page 1 of 34

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

RCA 0 0' - 3

OMB Clearance Control Number:

1103-0018

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

RFP-TDAT-008-13

6. SOLICITATION ISSUE

DATE

07/18/2012

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Wayne Holstine

b. TELEPHONE NUMBER (No collect calls)

505-285-4982

8. OFFER DUE DATE / LOCAL

TIME

08/17/2012 04:00:00

9. ISSUED BY CODE I 10. THE ACQUISITION IS x UNRESTRICTED OR q SET ASIDE: °/0 FOR

(EDWOSB)SERVICE-DISABLED SIZE STANDARD: DO6

VETERAN OWNED

SMALL BUSINESS 8(A)

Cibola County Correctional Center Attn: Federal Bureau of Prisons - Contracting 2000 Cibola Loop Milan, NM 87021

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

q

SEE

SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b RATING

14. METHOD OF SOLICITATION

RFQ q IFB x RFP

15. DELIVER TO CODE I 16. ADMINISTERED BY CODE

Cibola County Correctional Center Attn: Federal Bureau of Prisons - Contracting 2000 Cibola Loop Milan, NM 87021

Federal Bureau of Prisons North Central Regional Office

400 STATE AVENUE

TOWER II, SUITE 800

KANSAS CITY, KS 66101

17a. CONTRACTOR/ CODE

OFFEROR

I I FACILITY

CODE

I PAYMENT WILL BE MADE BY CODE

Federal Bureau of Prisons North Central Regional Office

400 STATE AVENUE

TOWER II, SUITE 800

KANSAS CITY, KS 66101

TELEPHONE NO.

q 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED q SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Provide community-based outpatient Transiitional Drug Abuse and Mental Health services in the Duluth, Minnesota, area.

Business size status = Other than small business

Size standard D06 = $10,000,001 to $17,000,001

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X q

27A. SOLICITATION INCORPORATES BY REFERENCES FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, 52.212-5 IS ATTACHED. ADDENDA q

ARE q ARE NOT ATTACHED ARE q ARE NOT ATTACHED

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

CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

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

TERMS AND CONDITIONS SPECIFIED HEREIN.

SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31 b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

Wayne Holstine

31c DATE SIGNED

RFP-TDAT-008-13 Page 2 of 34

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

I:I RECEIVED I=1 INSPECTED q 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 TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL I FINAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT RECEIVED BY (Print) 41 b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 3/2005) BACK

RFP-TDAT-008-13 Page 3 of 34

Table of Contents

Section Description Page Number

2852.201-70 Contracting Officer's Technical Representative (COTR) (JAN 1985) 10

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

2004) 11

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

52.242.1502 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (April 2011) 16

RFP-TDAT-008-13 Page 4 of 34

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 2011 Intake Assessment & Report - Estimated 1 per Inmate 15.000000 EA $ $

Base Year - Effective Date of Award (EDOA) throught 12 Months from EDOA

0002 2010 Individual Counseling - Estimated 48 per Inmate 720.000000 EA $ $

Base Period - Effective Date of Award (EDOA) through 12 Months from EDOA

0003 2020 Group Counseling - Estimated 72 per Inmate 1,080.000000 EA $ $

Base Period - Effective Date of Award (EDOA) through 12 Months from EDOA

0004 2030 Family Counseling - Estimated 8 per Inmate 16.000000 EA $ $

Base Period - Effective Date of Award (EDOA) through 12 Months from EDOA

0005 1202 Client Transportation - Estimated 17 Inmates @ Estimated 1,768.000000 EA $ $ 104 One-Way Trips per Inmate

Base Period - Effective Date of Award (EDOA) through 12 Months from EDOA

0006 5011 Mental Health Intake and Assessment - Estimated 1 per 2.000000 EA $ $ Inmate

Base Period - Effective Date of Award (EDOA) through 12 Months from EDOA

0007 6010 Individual Mental Health Counseling - Estimated 48 per 96.000000 EA $ $ Inmate

Base Period - Effective Date of Award (EDOA) through 12 Months from EDOA

0008 6020 Group Mental Health Counseling - Estimated 72 per Inmate 144.000000 EA $ $

Base Period - Effective Date of Award (EDOA) through 12 Months from EDOA

0009 6051 Medication Monitoring - Estimated 1 per Inmate 2.000000 EA $ $

Base Period - Effective Date of Award (EDOA) through 12 Months from EDOA

0010 5010 Psychological Evaluation & Report - Estimated 1 per Inmate 1.000000 EA $ $

Base Period - Effective Date of Award (EDOA) through 12 Months from EDOA

0011 5030 Psychiatric Evaluation & Report - Estimated 1 per Inmate 2.000000 EA $ $

Base Period - Effective Date of Award (EDOA) through 12 Months from EDOA

0012 5020 Psychological Testing & Report - Estimated 1 per Inmate 1.000000 EA $ $

Base Period - Effective Date of Award (EDOA) through 12 Months from EDOA

0013 2011 Intake Assessment & Report - Estimated 1 per Inmate 17.000000 EA $ $

Option Year One - 13 Months from Effective Date of Award (EDOA) through 24 Months from EDOA

0014 2010 Individual Counseling - Estimated 48 per Inmate 816.000000 EA $ $

Option Year One - 13 Months from Effective Date of Award (EDOA) through 24 Months from EDOA

RFP-TDAT-008-13

0015 2020 Group Counseling - Estimated 72 per Inmate 1,224.000000 EA

Option Year One - 13 Months from Effective Date of Award (EDOA) through 24 Months from EDOA

0016 2030 Family Counseling - Estimated 8 per Inmate 16.000000 EA

Option Year One - 13 Months from Effective Date of Award (EDOA) through 24 Months from EDOA

0017 1202 Client Transportation - Estimated 19 Inmates @ Estimated 1,976.000000 EA 104 One-Way Trips per Inmate

Option Year One - 13 Months from Effective Date of Award (EDOA) through 24 Months from EDOA

0018 5011 Mental Health Intake and Assessment - Estimated 1 per 2.000000 EA Inmate

Option Year One - 13 Months from Effective Date of Award (EDOA) through 24 Months from EDOA

0019 6010 Individual Mental Health Counseling - Estimated 48 per 96.000000 EA Inmate

Option Year One - 13 Months from Effective Date of Award (EDOA) through 24 Months from EDOA

0020 6020 Group Mental Health Counseling - Estimated 72 per Inmate 144.000000 EA

Option Year One - 13 Months from Effective Date of Award (EDOA) through 24 Months from EDOA

0021 6051 Medication Monitoring - Estimated 1 per Inmate 2.000000 EA

Option Year One - 13 Months from Effective Date of Award (EDOA) through 24 Months from EDOA

0022 5010 Psychological Evaluation & Report - Estimated 1 per Inmate 1.000000 EA

Option Year One - 13 Months from Effective Date of Award (EDOA) through 24 Months from EDOA

0023 5030 Psychiatric Evaluation & Report - Estimated 1 per Inmate 2.000000 EA

Option Year One - 13 Months from Effective Date of Award (EDOA) through 24 Months from EDOA

0024 5020 Psychological Testing & Report - Estimated 1 per Inmate 1.000000 EA

Option Year One - 13 Months from Effective Date of Award (EDOA) through 24 Months from EDOA

0025 2011 Intake Assessment & Report - Estimated 1 per Inmate 19.000000 EA

Option Year Two - 25 Months from Effective Date of Award (EDOA) through 36 Months from EDOA

0026 2010 Individual Counseling - Estimated 48 per Inmate 912.000000 EA

Option Year Two - 25 Months from Effective Date of Award (EDOA) through 36 Months from EDOA

0027 2020 Group Counseling - Estimated 72 per Inmate 1,368.000000 EA

Option Year Two - 25 Months from Effective Date of Award (EDOA) through 36 Months from EDOA

0028 2030 Family Counseling - Estimated 8 per Inmate 16.000000 EA

Option Year Two - 25 Months from Effective Date of Award (EDOA) through 36 Months from EDOA

0029 1202 Client Transportation - Estimated 21 Inmates @ Estimated 2,184.000000 EA 104 One-Way Trips per Inmate

Option Year Two - 25 Months from Effective Date of Award (EDOA) through 36 Months from EDOA

RFP-TDAT-008-13

0030 5011 Mental Health Intake and Assessment - Estimated 1 per 2.000000 EA Inmate

Option Year Two - 25 Months from Effective Date of Award (EDOA) through 36 Months from EDOA

0031 6010 Individual Mental Health Counseling - Estimated 48 per 96.000000 EA Inmate

Option Year Two - 25 Months from Effective Date of Award (EDOA) through 36 Months from EDOA

0032 6020 Group Mental Health Counseling - Estimated 72 per Inmate 144.000000 EA

Option Year Two - 25 Months from Effective Date of Award (EDOA) through 36 Months from EDOA

0033 6051 Medication Monitoring - Estimated 1 per Inmate 2.000000 EA

Option Year Two - 25 Months from Effective Date of Award (EDOA) through 36 Months from EDOA

0034 5010 Psychological Evaluation & Report - Estimated 1 per Inmate 1.000000 EA

Option Year Two - 25 Months from Effective Date of Award (EDOA) through 36 Months from EDOA

0035 5030 Psychiatric Evaluation & Report - Estimated 1 per Inmate 2.000000 EA

Option Year Two - 25 Months from Effective Date of Award (EDOA) through 36 Months from EDOA

0036 5020 Psychological Testing & Report - Estimated 1 per Inmate 1.000000 EA

Option Year Two - 25 Months from Effective Date of Award (EDOA) through 36 Months from EDOA

0037 2011 Intake Assessment & Report - Estimated 1 per Inmate 21.000000 EA

Option Year Three - 37 Months from Effective Date of Award (EDOA) through 48 Months from EDOA

0038 2010 Individual Counseling - Estimated 48 per Inmate 1,008.000000 EA

Option Year Three - 37 Months from Effective Date of Award (EDOA) through 48 Months from EDOA

0039 2020 Group Counseling - Estimated 72 per Inmate 1,512.000000 EA

Option Year Three - 37 Months from Effective Date of Award (EDOA) through 48 Months from EDOA

0040 2030 Family Counseling - Estimated 8 per Inmate 16.000000 EA

Option Year Three - 37 Months from Effective Date of Award (EDOA) through 48 Months from EDOA

0041 1202 Client Transportation - Estimated 23 Inmates @ Estimated 2,392.000000 EA 104 One-Way Trips per Inmate

Option Year Three - 37 Months from Effective Date of Award (EDOA) through 48 Months from EDOA

0042 5011 Mental Health Intake and Assessment - Estimated 1 per 2.000000 EA Inmate

Option Year Three - 37 Months from Effective Date of Award (EDOA) through 48 Months from EDOA

0043 6010 Individual Mental Health Counseling - Estimated 48 per 96.000000 EA Inmate

Option Year Three - 37 Months from Effective Date of Award (EDOA) through 48 Months from EDOA

0044 6020 Group Mental Health Counseling - Estimated 72 per Inmate 144.000000 EA

Option Year Three - 37 Months from Effective Date of Award (EDOA) through 48 Months from EDOA

0045 6051 Medication Monitoring - Estimated 1 per Inmate 2.000000 EA

Option Year Three - 37 Months from Effective Date of Award

(EDOA) through 48 Months from EDOA

RFP-TDAT-008-13

0046 5010 Psychological Evaluation & Report - Estimated 1 per Inmate 1.000000 EA

Option Year Three - 37 Months from Effective Date of Award (EDOA) through 48 Months from EDOA

0047 5030 Psychiatric Evaluation & Report - Estimated 1 per Inmate 2.000000 EA $

Option Year Three - 37 Months from Effective Date of Award (EDOA) through 48 Months from EDOA

0048 5020 Psychological Testing & Report - Estimated 1 per Inmate 1.000000 EA $

Option Year Three - 37 Months from Effective Date of Award (EDOA) through 48 Months from EDOA

0049 2011 Intake Assessment & Report - Estimated 1 per Inmate 23.000000 EA $

Option Year Four - 49 Months from Effective Date of Award (EDOA) through 60 Months from EDOA

0050 2010 Individual Counseling - Estimated 48 per Inmate 1,104.000000 EA $

Option Year Four - 49 Months from Effective Date of Award (EDOA) through 60 Months from EDOA

0051 2020 Group Counseling - Estimated 72 per Inmate 1,656.000000 EA $

Option Year Four - 49 Months from Effective Date of Award (EDOA) through 60 Months from EDOA

0052 2030 Family Counseling - Estimated 8 per Inmate 16.000000 EA $

Option Year Four - 49 Months from Effective Date of Award (EDOA) through 60 Months from EDOA

0053 1202 Client Transportation - Estimated 25 Inmates @ Estimated 2,600.000000 EA 104 One-Way Trips per Inmate

Option Year Four - 49 Months from Effective Date of Award (EDOA) through 60 Months from EDOA

0054 5011 Mental Health Intake and Assessment - Estimated 1 per 2.000000 EA Inmate

Option Year Four - 49 Months from Effective Date of Award (EDOA) through 60 Months from EDOA

0055 6010 Individual Mental Health Counseling - Estimated 48 per 96.000000 EA Inmate

Option Year Four - 49 Months from Effective Date of Award (EDOA) through 60 Months from EDOA

0056 6020 Group Mental Health Counseling - Estimated 72 per Inmate 144.000000 EA

Option Year Four - 49 Months from Effective Date of Award (EDOA) through 60 Months from EDOA

0057 6051 Medication Monitoring - Estimated 1 per Inmate 2.000000 EA $

Option Year Four - 49 Months from Effective Date of Award (EDOA) through 60 Months from EDOA

0058 5010 Psychological Evaluation & Report - Estimated 1 per Inmate 1.000000 EA $

Option Year Four - 49 Months from Effective Date of Award (EDOA) through 60 Months from EDOA

0059 5030 Psychiatric Evaluation & Report - Estimated 1 per Inmate 2.000000 EA $

Option Year Four - 49 Months from Effective Date of Award (EDOA) through 60 Months from EDOA

0060 5020 Psychological Testing & Report - Estimated 1 per Inmate 1.000000 EA $

Option Year Four - 49 Months from Effective Date of Award (EDOA) through 60 Months from EDOA

RFP-TDAT-008-13 Page 8 of 34

2.1 Continuation of SF-1449, Block 20

SCHEDULE OF SUPPLIES/SERVICES

The Federal Bureau of Prisons, Transitional Drug Abuse Treatment Contracting Office, seeks offers from sources having the ability to provide community-based outpatient Substance Abuse and Mental Health Services for male and female inmates residing in a contract facility or home confinement.

The contractor will provide services within a 10 mile radius of the United States Post Office at 515 West First Street, Duluth, Min-nesota, 55802. In addition, the location in which services are to be provided should be near public transportation routes.

Offerors shall provide prices for all of the services listed.

All references to Residential Re-Entry Center (RRC) and Community Correctional Center (CCC) shall be treated equally for the pur-pose of this contract.

The performance period for the resulting contract will be a one-year base period (to begin upon the effective date of contract award) and four additional one-year option periods. The anticipated total contract period is five years. The anticipated performance start date is October 1, 2012.

DECISIONAL RULE CRITERIA

Each proposal will be initially reviewed to determine that all document submission requirements listed under Addendum to FAR 52.212-1, Instructions to Offerors—Commercial Items, are met. By using the documentation submitted with each proposal, an initial review will also be conducted to determine whether or not it meets the minimum requirements contained in the Decisional Rule Criter-ia below. Any proposal not meeting these criteria may not receive any further consideration for award.

Offers must clearly demonstrate at the time of submission, unless otherwise stated, the capability to meet the Decisional Rule criteria below. Offers will be rated "go" or "no-go" based on the Decisional Rule criteria. Offerors receiving a "no-go" rating will be advised of their elimination from the procurement. Offerors receiving a "go" rating shall be considered for award.

Offerors shall clearly demonstrate the capability to meet all of the following Decisional Rule criteria:

The offeror demonstrates a philosophy that adheres to the cognitive behavioral therapy (CBT) or they use a theoretical model com-patible with CBT (e.g. Motivational Interviewing, Cognitive Mapping, etc.) Offeror must submit a mission statement that reflects the offerors use of CBT.

The offeror's proposed facility and/or place of performance is within the geographic restrictions. The offeror shall submit how this was determined (e.g. MapQuest, Google, etc.).

The offeror has proof that the agency is licensed and/or certified to provide drug abuse and mental health treatment in the State in which service will occur. The offeror shall submit copy of the current agency license and/or certification in the State of Minnesota/ Wisconsin.

The offeror's proposed facility is currently available to provide the services required in the Statement of Work. The offeror must have submitted a deed, leases, bill of sale, options to lease, or option to buy.

The offeror clearly demonstrated proof the facility where services are to be performed meets all fire code standards. The offeror must submit a current Fire Code Inspection.

The offeror clearly demonstrates the facility is accessible to or accommodates inmates with a disability. The offeror must submit documentation showing the proposed facility is accessible to or a plan to accommodate inmates with disabilities.

RFP-TDAT-008-13 Page 9 of 34

The offeror must have the name/s and current license/s of a board-certified/ board eligible member of the American Osteopathic Board of Neurology and Psychiatry on staff to conduct psychiatric evaluations and to monitor medication. The offeror may also have the name/s and license/s of other qualified practitioners with prescriptive authority to refill medications as allowed by law and they must also meet the standards of practice established in the State in which services are to be provided. A copy of the current license/s from the licensing board of the State is required for all individuals providing the medical services listed above.

The offeror has included the name(s), position, education, experience and license (s) of those individuals that will provide direct services. The offeror must submit a list of name(s), titles and position of each staff and a detailed resume of each staff providing dir-ect services.

The offeror has an individual on staff or has subcontracted someone to provide clinical supervision for all staff providing direct ser-vice, as required by the state licensing board. The individual must be licensed in the State in which services are to be provided. A copy of the individual's current license from the licensing board is required.

If the offeror is a primary contractor subcontracting services, the primary contractor must be licensed in the State in which services are to be provided. A copy of the primary contractor's current license in the State in which performance occurs.

The Offeror must demonstrate they have plans for emergency situations to include a contingency plan for suicidal inmates. A copy of the offerors plan for emergency situations to include a contingency plan for suicidal inmates.

If performance will occur at the residential reentry center (RRC), the offeror must have a letter from the authorized negotiator stating the offeror has permission to use the facility for the length of the contract. The letter must state the amount of any fees re-quired for using space and/or equipment. The authorized negotiator must also state an understanding of maintaining confidentiality and an agreement to turn video cameras off during all clinical sessions. The offeror must include the letter from the authorized negoti-ator.

13. The offeror has proof that the RRC adheres to all state licensure requirements to provide drug abuse and mental health services at the site. The offeror must provide a copy of the current RRC license and/or certification to provide drug abuse and mental health ser-vice on site.

PRICING

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

DELIVERIES

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

BILLING INFORMATION

The Government will make payment on a monthly basis via Electronic Fund Transfer. Invoices with the contract number should be submitted on a monthly basis in duplicate to the Regional TDAT Coordinator indicated in Item 15 of the SF-1449.

Services under this contract may be subcontracted.

RFP-TDAT-008-13 Page 10 of 34

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.arnet.gov/far

Clause Title

52.253-1 Computer Generated Forms (Jan 1991)

52.242-15 Stop-Work Order (Aug 1989)

52.232-17 Interest (Oct 2010)

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)

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

Clauses by Full Text

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

Mr./Ms. Kerry Curtis (Lead), Melissa Lohman, Barbara Martinez and Jonathan Walser of Federal Bureau of Prisons North Central Regional Office, 400 State Avenue, Tower II, Suite #800, Kansas City, KS, 66101, 913-551-8327, is hereby designated to act as Con-tracting Officer's Technical Representative (COTR) under this contract.

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

RFP-TDAT-008-13 Page 11 of 34

(c) The COTR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contrac-tual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

(End of Clause)

52.27-103-72 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:

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

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

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

[End of Clause]

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

During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absentee-ism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in Government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.

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

Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation.

The types of actions a federal contractor should reasonably take to help ensure performance are:

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

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

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

Communicate expectations to 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.

RFP-TDAT-008-13 Page 12 of 34

• 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]

52.204-7 Central Contractor Registration (Feb 2012)

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

"Central Contractor Registration (CCR) database" means the primary Government repository for Contractor information required for the conduct of business with the Government.

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be as-signed at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Trans-fer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

"Registered in the CCR database" means that--

The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR data-base; and

The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active". The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number--

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

RFP-TDAT-008-13 Page 13 of 34

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an of-feror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

Company legal business.

Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and ZIP Code.

Company Mailing Address, City, State and ZIP Code (if separate from physical).

Company Telephone Number.

Date the company was started.

Number of employees at your location.

Chief executive officer/key manager.

Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not re-gistered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registra-tion, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)(1)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minim-um of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the re-quirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Con-tracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR in-formation that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect inform-ation within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separ-

RFP-TDAT-008-13 Page 14 of 34 ately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCR accessed through hups://www.acquisition.gov or by calling 1-888-227-2423, or 269-961-5757.

(End of clause)

52.216-18 Ordering (Oct 1995)

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

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)

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

Maximum order. The Contractor is not obligated to honor--

Any order for a single item in excess of the estimated quantities identified on the SF-1449 (Block 21, Quantity) within the current contract period;

Any order for a combination of items in excess of the estimated quantities identified on the SF-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.

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.

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)

RFP-TDAT-008-13 Page 15 of 34

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.

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.

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.

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.

(0 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)

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

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the con-tract expires. The preliminary notice does not commit the Government to an extension.

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 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.

RFP-TDAT-008-13 Page 16 of 34

52.232-19 Availability of Funds for Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond September 30th of the base year or any option year exer-cised. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropri-ated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30 th of the base year or any option year exercised, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.237-7 Indemnification and Medical Liability Insurance (Jan 1997)

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.

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.

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.

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.

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.

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)

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

RFP-TDAT-008-13 Page 17 of 34 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]

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS (MAY 2012)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this con-tract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incor-porated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L.