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- RFP-TDAT-013-13
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30
1. REQUISITION NUMBER OMB Clearance Control Number:
1103-0018
5. SOLICITATION NUMBER
RFP-TDAT-013-13
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 6. SOLICITATION ISSUE
DATE
08/17/2012
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
Sarah Ellis
b. TELEPHONE NUMBER (No collect calls)
202-616-1647
8. OFFER DUE DATE / LOCAL
TIME
08/31/2012 14:00:00
CODE BCO
Federal Bureau of Prisons TDAT Contracting Section
320 FIRST STREET NW
Room 5005
WASHINGTON, DC 20534
9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN OWNED
SMALL BUSINESS
EMERGING SMALL BUSINESSWOMAN-OWNED
SMALL BUSINESS (WOSB)
ECONOMICALLY DISADVANTAGE
WOMEN-OWNED SMALL BUSINESS
(EDWOSB)
8(A)
NAICS: 621420
SIZE STANDARD:D06
10. THE ACQUISITION IS
SEE
SCHEDULE
11. DELIVERY FOR FOB DESTINATION
UNLESS BLOCK IS MARKED
NET 30
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER DPAS
(15 CFR 700)
13b. RATING
RFQ IFB X RFP
14. METHOD OF SOLICITATION
BMXRCODE15. DELIVER TO
Federal Bureau of Prisons Mid Atlantic Regional Office 302 Sentinel Drive Suite 200 Annapolis Junction, MD 20701
CODE BCO16. ADMINISTERED BY
Federal Bureau of Prisons TDAT Contracting
320 FIRST STREET NW
Room 5005
WASHINGTON, DC 20534
FACILITY
CODE
CODE
TELEPHONE NO.
17a. CONTRACTOR/
OFFEROR
BMXRCODE18a. PAYMENT WILL BE MADE BY
Federal Bureau of Prisons Mid Atlantic Regional Office 302 Sentinel Drive Suite 200 Annapolis Junction, MD 20701
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
SEE ADDENDUM
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS
CHECKED
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
Provide Transitional Drug Abuse Treatment and Mental Health Treatment Services in the Wilmington, Delaware area.
D06 Size Standard = $10,000,001-$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 27A. SOLICITATION INCORPORATES BY REFERENCES FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _____ COPIES TO
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.
29. AWARD OF CONTRACT: REF. __________ OFFER DATED __________.
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 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)
Sarah Ellis
31c. DATE SIGNED
08/17/2012
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 3/2005)
Prescribed by GSA - FAR (48 CFR) 53.212
RFP-TDAT-013-13 Page 1 of 31
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. 3/2005) BACK
RFP-TDAT-013-13 Page 2 of 31
Table of Contents
Section Description Page Number
1 Solicitation/Contract Form 2 Commodity or Services Schedule 3 Contract Clauses
52.21-603-70 Contracting Officer's Representative (COR) (June 2012) 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)
52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE
2004)
52.218-000 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
52.212-3 Offer Representations and Certifications -- Commercial Items (Apr 2012)
52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005)
52.212-1 Instructions to Offerors--Commercial Items (Feb 2012) 52.216-1 Type of Contract (Apr 1984) 52.233-2 Service of Protest (Sept 2006) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) 52.217-5 Evaluation of Options (July 1990)
RFP-TDAT-013-13 Page 3 of 31
Section 2 - Commodity or Services Schedule
SCHEDULE OF SUPPLIES/SERVICES
CONTINUATION SHEET
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 2011 - Substance Abuse Intake Assessment Estimated 15 inmates - 1 unit per inmate Base Period
Line Period of Performance: 10/01/2012 - 09/30/2013
15.000000 SS $____________ $___________________
0002 2010 - TDAT Individual Counseling Estimated 15 inmates x 12 units per inmate 1 unit = 30 minutes Base Period
Line Period of Performance: 10/01/2012 - 09/30/2013
180.000000 SS $____________ $___________________
0003 2010 - TDAT Group Counseling Estimated 15 inmates x 96 units per inmate 1 unit = 30 minutes Base Period
Line Period of Performance: 10/01/2012 - 09/30/2013
1,440.000000 SS $____________ $___________________
0004 5011 - Mental Health Intake Assessment & Report Estimated 5 inmates - 1 unit per inmate Base Period
Line Period of Performance: 10/01/2012 - 09/30/2013
5.000000 SS $____________ $___________________
0005 6051 - Medication Monitoring Estimated 5 inmates x 2 units per inmate Base Period
Line Period of Performance: 10/01/2012 - 09/30/2013
10.000000 SS $____________ $___________________
0006 60200 - Mental Health Group Counseling Estimated 5 inmates x 12 units per inmate 1 unit = 30 minutes Base Period
Line Period of Performance: 10/01/2012 - 09/30/2013
60.000000 SS $____________ $___________________
0007 6010 - Mental Health Individual Counseling Estimated 5 inmates x 24 units per inmate 1 unit = 30 minutes Base Period
Line Period of Performance: 10/01/2012 - 09/30/2013
120.000000 SS $____________ $___________________
0008 5030 Psychiatric Evaluation and Report Estimated 5 inmates - 1 unit per inmate Base Period
Line Period of Performance: 10/01/2012 - 09/30/2013
5.000000 SS $____________ $___________________
0009 2011 - Substance Abuse Intake Assessment Estimated 15 inmates - 1 unit per inmate Option Year 1
Line Period of Performance: 10/01/2013 - 09/30/2014
15.000000 SS $____________ $___________________
0010 2010 - TDAT Individual Counseling Estimated 15 inmates x 12 units per inmate 1 unit = 30 minutes Option Year 1
Line Period of Performance: 10/01/2013 - 09/30/2014
180.000000 SS $____________ $___________________
0011 2010 - TDAT Group Counseling Estimated 15 inmates x 96 units per inmate 1 unit = 30 minutes Option Year 1
Line Period of Performance: 10/01/2013 - 09/30/2014
1,440.000000 SS $____________ $___________________
RFP-TDAT-013-13 Page 4 of 31
0012 5011 - Mental Health Intake Assessment & Report Estimated 5 inmates - 1 unit per inmate Option Year 1
Line Period of Performance: 10/01/2013 - 09/30/2014
5.000000 SS $____________ $___________________
0013 6051 - Medication Monitoring Estimated 5 inmates x 2 units per inmate Option Year 1
Line Period of Performance: 10/01/2013 - 09/30/2014
10.000000 SS $____________ $___________________
0014 60200 - Mental Health Group Counseling Estimated 5 inmates x 12 units per inmate 1 unit = 30 minutes Option Year 1
Line Period of Performance: 10/01/2013 - 09/30/2014
60.000000 SS $____________ $___________________
0015 6010 - Mental Health Individual Counseling Estimated 5 inmates x 24 units per inmate 1 unit = 30 minutes Option Year 1
Line Period of Performance: 10/01/2013 - 09/30/2014
120.000000 SS $____________ $___________________
0016 5030 Psychiatric Evaluation and Report Estimated 5 inmates - 1 unit per inmate Option Year 1
Line Period of Performance: 10/01/2013 - 09/30/2014
5.000000 SS $____________ $___________________
0017 2011 - Substance Abuse Intake Assessment Estimated 15 inmates - 1 unit per inmate Option Year 2
Line Period of Performance: 10/01/2014 - 09/30/2015
15.000000 SS $____________ $___________________
0018 2010 - TDAT Individual Counseling Estimated 15 inmates x 12 units per inmate 1 unit = 30 minutes Option Year 2
Line Period of Performance: 10/01/2014 - 09/30/2015
180.000000 SS $____________ $___________________
0019 2010 - TDAT Group Counseling Estimated 15 inmates x 96 units per inmate 1 unit = 30 minutes Option Year 2
Line Period of Performance: 10/01/2014 - 09/30/2015
1,440.000000 SS $____________ $___________________
0020 5011 - Mental Health Intake Assessment & Report Estimated 5 inmates - 1 unit per inmate Option Year 2
Line Period of Performance: 10/01/2014 - 09/30/2015
5.000000 SS $____________ $___________________
0021 6051 - Medication Monitoring Estimated 5 inmates x 2 units per inmate Option Year 2
Line Period of Performance: 10/01/2014 - 09/30/2015
10.000000 SS $____________ $___________________
0022 60200 - Mental Health Group Counseling Estimated 5 inmates x 12 units per inmate 1 unit = 30 minutes Option Year 2
Line Period of Performance: 10/01/2014 - 09/30/2015
60.000000 SS $____________ $___________________
0023 6010 - Mental Health Individual Counseling Estimated 5 inmates x 24 units per inmate 1 unit = 30 minutes Option Year 2
Line Period of Performance: 10/01/2014 - 09/30/2015
120.000000 SS $____________ $___________________
0024 5030 Psychiatric Evaluation and Report Estimated 5 inmates - 1 unit per inmate Option Year 2
Line Period of Performance: 10/01/2014 - 09/30/2015
5.000000 SS $____________ $___________________
RFP-TDAT-013-13 Page 5 of 31
0025 2011 - Substance Abuse Intake Assessment Estimated 15 inmates - 1 unit per inmate Option Year 3
Line Period of Performance: 10/01/2015 - 09/30/2016
15.000000 SS $____________ $___________________
0026 2010 - TDAT Individual Counseling Estimated 15 inmates x 12 units per inmate 1 unit = 30 minutes Option Year 3
Line Period of Performance: 10/01/2015 - 09/30/2016
180.000000 SS $____________ $___________________
0027 2010 - TDAT Group Counseling Estimated 15 inmates x 96 units per inmate 1 unit = 30 minutes Option Year 3
Line Period of Performance: 10/01/2015 - 09/30/2016
1,440.000000 SS $____________ $___________________
0028 5011 - Mental Health Intake Assessment & Report Estimated 5 inmates - 1 unit per inmate Option Year 3
Line Period of Performance: 10/01/2015 - 09/30/2016
5.000000 SS $____________ $___________________
0029 6051 - Medication Monitoring Estimated 5 inmates x 2 units per inmate Option Year 3
Line Period of Performance: 10/01/2015 - 09/30/2016
10.000000 SS $____________ $___________________
0030 60200 - Mental Health Group Counseling Estimated 5 inmates x 12 units per inmate 1 unit = 30 minutes Option Year 3
Line Period of Performance: 10/01/2015 - 09/30/2016
60.000000 SS $____________ $___________________
0031 6010 - Mental Health Individual Counseling Estimated 5 inmates x 24 units per inmate 1 unit = 30 minutes Option Year 3
Line Period of Performance: 10/01/2015 - 09/30/2016
120.000000 SS $____________ $___________________
0032 5030 Psychiatric Evaluation and Report Estimated 5 inmates - 1 unit per inmate Option Year 3
Line Period of Performance: 10/01/2015 - 09/30/2016
5.000000 SS $____________ $___________________
0033 2011 - Substance Abuse Intake Assessment Estimated 15 inmates - 1 unit per inmate Option Year 4
Line Period of Performance: 10/01/2016 - 09/30/2017
15.000000 SS $____________ $___________________
0034 2010 - TDAT Individual Counseling Estimated 15 inmates x 12 units per inmate 1 unit = 30 minutes Option Year 4
Line Period of Performance: 10/01/2016 - 09/30/2017
180.000000 SS $____________ $___________________
0035 2010 - TDAT Group Counseling Estimated 15 inmates x 96 units per inmate 1 unit = 30 minutes Option Year 4
Line Period of Performance: 10/01/2016 - 09/30/2017
1,440.000000 SS $____________ $___________________
0036 5011 - Mental Health Intake Assessment & Report Estimated 5 inmates - 1 unit per inmate Option Year 4
Line Period of Performance: 10/01/2016 - 09/30/2017
5.000000 SS $____________ $___________________
0037 6051 - Medication Monitoring Estimated 5 inmates x 2 units per inmate Option Year 4
Line Period of Performance: 10/01/2016 - 09/30/2017
10.000000 SS $____________ $___________________
RFP-TDAT-013-13 Page 6 of 31
0038 60200 - Mental Health Group Counseling Estimated 5 inmates x 12 units per inmate 1 unit = 30 minutes Option Year 4
Line Period of Performance: 10/01/2016 - 09/30/2017
60.000000 SS $____________ $___________________
0039 6010 - Mental Health Individual Counseling Estimated 5 inmates x 24 units per inmate 1 unit = 30 minutes Option Year 4
Line Period of Performance: 10/01/2016 - 09/30/2017
120.000000 SS $____________ $___________________
0040 5030 Psychiatric Evaluation and Report Estimated 5 inmates - 1 unit per inmate Option Year 4
Line Period of Performance: 10/01/2016 - 09/30/2017
5.000000 SS $____________ $___________________
RFP-TDAT-013-13 Page 7 of 31
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.acquisitions.gov
Clause Title
52.253-1 Computer Generated Forms (Jan 1991)
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
52.21-603-70 Contracting Officer's Representative (COR) (June 2012)
(a)Cathy Thompson (Lead COR). Joanne Parke-Davison, Steve Confair, Stacy Rimmer, & Sherri Bisci ,MARO TDAT Staff , MARO Regional Office,______________________________, is hereby designated as the Contracting Officer's Representative (COR) under this contract.
(b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provide hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the con-tractor effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.
(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contrac-
RFP-TDAT-013-13 Page 8 of 31 tual obligations or the Scope of Work, the Contracting Officer shall issue such changes.
52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)
Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I.1. Long-Term Contractor Personnel:
In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 con-tractor employee whose background investigation (BI) process begins on or after October 27, 2005:a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form I-9, OMB No.
1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued pic-ture ID);
b. Contractor Personnel must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed sometime during the clearance process but prior to badge issuance and must be documented by the DOJ official;
c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position.
Outlined below are the minimum BI requirements for each risk level:
• High Risk - Background Investigation (5 year scope)
• Moderate Risk - Limited Background Investigation (LBI) or Minimum Background Investigation (MBI)
• Low Risk - National Agency Check with Inquiries (NACI) investigation
d. The pre-appointment BI waiver requirements for all position sensitivity levels are a:
1) Favorable review of the security questionnaire form; 2) Favorable fingerprint results; 3) Favorable credit report, if required;3 4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level;
and 5) Favorable review of the National Agency Check (NAC) 4 portion of the applicable BI that is determined by position sensitivity/ risk level.
A badge may be issued following approval of the above waiver requirements.If the NAC is not received within five days of OPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau of Invest-igation Criminal History Check (i.e., fingerprint check results). e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges issued under these procedures will be suspended or revoked.2. Short- Term Contractor Personnel:
It is the policy of the DOJ that short-term contractors having access to DOJ information systems and/or DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items 1a. and 1b. above. The pre-appointment waiver re-quirements for short-term contractors are:
a. Favorable review of the security questionnaire form; b. Favorable fingerprint results; c. Favorable credit report, if required;5 and d.
Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commensur-ate BI does not need to be initiated.
A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of is-suance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PIV-I identity proofing process.
For example, if a contractor employee requires daily access for a three or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a second request is submitted for the same contractor employee within a twelve-month period for the purpose of extending the initial contract or for employment under a totally different contract for another three or four-week period, this contractor would now be considered "long-term" and must be cleared according to the long-term requirements as stated in this interim policy.
3. Intermittent Contractors:
An exception to the above-mentioned short-term requirements would be intermittent contractors.
a. For purposes of this policy, "intermittent" is defined as those contractor employees needing access to DOJ information systems and/ or DOJ facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For ex-ample, the water delivery contractor that delivers water one time each week and is working on a one-year contract.
b. Contractors requiring intermittent access should follow the Department's escort policy. Please reference the August 11, 2004, and January 29, 2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted ac-cess.
c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contract-
RFP-TDAT-013-13 Page 9 of 31 or, the same pre-employment background investigation waiver requirements that apply to short-term contractors are required.
d. If an intermittent contractor is approved for unescorted access, the contractor will only be issued a daily badge. The daily badge will be issued upon entrance into a DOJ facility or space and must be returned upon exiting the same facility or space.
e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year. 4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated BI meeting HSPD-12 and DOJ's BI requirements.
5. The DOJ's current escorted contractor policy remains unchanged by this acquisition notice.
Notes:
1. FIPS 201 is available at: www.csrc.nist.gov/publications/fips/fips201/FIPS-201-022505.pdf
2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-I identity proofing process, including initiation and adjudication of the required background investiga-tion, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-II) requires badge issuance to all affected long-term contractors.
3. For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package.
4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations to OPM. Per OPM ' s instructions, to obtain an Advance NAC Report, a Code " 3" must be placed in block " B " of the " Agency Use Only " section of the investigative form. This report is available for all case types.
5.For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package.
[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:
1. Legally resided in the United States (U.S.);2. worked for the U.S. overseas in a Federal or military capacity; or3. been a dependent of a Federal or military employee serving overseas.
If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current inform-ation regarding allied countries: http://www.opm.gov/employ/html/citizen.htm By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.
[End of Clause]
52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA OR OTHER NATIONAL EMERGENCY (May 2008)
During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absentee-ism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in Government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.
The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce.
Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation.The types of actions a federal contractor should reasonably take to help ensure performance are:
• Encourage employees to get inoculations or follow other preventive measures as advised by the public health ser-vice.
• Cross-train workers as backup for all positions performing critical services. This is particularly important for work such 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.
RFP-TDAT-013-13 Page 10 of 31
• 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 the first day through the last day of the contract's effective period.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
(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 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 indentified on the SF-1449 (Block 21, Quantity) within the current contract performance period;
(2) Any order for a combination of items in excess of the estimated quantities indentified on the SF-1449 (Block 21, Quantity) within the current contract performance 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
RFP-TDAT-013-13 Page 11 of 31 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 contrac period;
provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to 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 option under the clause 52.217-8, Option to Extend Services).
(End of clause)
RFP-TDAT-013-13 Page 12 of 31
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 30th of the base year or any option year exer-cised. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropri-ated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30th of the base year or any option year exercised, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.
(End of clause)
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)
* 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)
RFP-TDAT-013-13 Page 13 of 31
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-013-13 Page 14 of 31
Section 4 - List of Attachments
Exhibits and Attachments Identifier Title Number of
Pages 1 Additional Clauses and Provisions 2 Statement of Work 26 3 Business Management Questionnaire 2 4 Sample Bank Notification Letter 1 5 Sample Client Notification Letter 1
RFP-TDAT-013-13 Page 15 of 31
Section 5 - Solicitation Provisions
52.212-1 Instructions to Offerors--Commercial Items (Feb 2012)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small busi-ness size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufac-ture, is 500 employees.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show-
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicita-tion. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or sim-ilar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information);
and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and condi-tions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and re-turned at the sender's request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.
RFP-TDAT-013-13 Page 16 of 31
(f) Late submissions, modifications, revisions, and withdrawals of offers.
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government of-fice designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Con-tracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be con-sidered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Govern-ment personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Govern-ment office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements pre-clude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government pro-cesses resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in re-sponse to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via fac-simile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concern-ing facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical stand-point. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be neces-sary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by spe-cific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation.
(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of spe-cifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-
RFP-TDAT-013-13 Page 17 of 31
GSA Federal Supply Service Specifications Section Suite 8100 470 East L' Enfant Plaza, SW Washington, DC 20407
Telephone (202) 619-8925 Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(i) ASSIST (http://assist.daps.dla.mil).
(ii) Quick Search (http://assist.daps.dla.mil/quicksearch).
(iii) ASSISTdocs.com (http://assistdocs.com).
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-
(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from…
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