RFP-TDAT-038-13.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER OMB Clearance Control Number:

5. SOLICITATION NUMBER

RFP-TDAT-038-13

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

03/05/2013

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Robert Carroll, Jr.

b. TELEPHONE NUMBER (No collect calls)

202-307-2594

8. OFFER DUE DATE / LOCAL

TIME

04/04/2013 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

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 621420

SIZE STANDARD: D06

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

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

BWROCODE15. DELIVER TO

Federal Bureau of Prisons Western Regional Office - TDAT Office 1299 Seaside Avenue San Pedro, CA 90733

CODE BCO16. ADMINISTERED BY

Federal Bureau of Prisons TDAT Contracting Section

320 FIRST STREET NW

Room 5005

WASHINGTON, DC 20534

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

BWROCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons Western Regional Office - Business Office 1299 Seaside Avenue San Pedro, CA 90733

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 Services in Fresno, California.

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 REFERENCE 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

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)

Kelly Young

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

RFP-TDAT-038-13 Page 1 of 31

BOP45920

Typewritten Text

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

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

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

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

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

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

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

RFP-TDAT-038-13 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) 52.204-7 Central Contractor Registration (Aug 2012) 52.204-13 Central Contractor Registration Maintenance (Dec 2012) 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)

52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS(DEVIATION) (AUG 2012)

52.237-7 Indemnification and Medical Liability Insurance (Jan 1997) 52.252-6 Authorized Deviations in Clauses (Apr 1984)

52.242.1502 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (April 2011)

4 List of Attachments 5 Solicitation Provisions

52.209-7 Information Regarding Responsibility Matters (Feb 2012) 52.212-2 Evaluation - Commercial Items (Jan 1999) 52.212-3 Offer Representations and Certifications-- Commercial Items (Dec 2012)

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

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)

3.1 INSTRUCTIONS TO OFFERORS- COMMERCIAL ITEMS

RFP-TDAT-038-13 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 Intake Assessment (2011) - 1 per authorized Inmate

BASE YEAR - 07/01/2013 - 06/30/2014

50.000000 EA $____________ $___________________

0002 Individual Counseling (2010) - Estimated 48 Units per Inmate;

Estimated 50 Inmates, 1 Unit= 30 Minutes

BASE YEAR - 07/01/2013 - 06/30/2014

2,400.000000 EA $____________ $___________________

0003 Group Counseling (2020) - Estimated 72 Units per Inmate;

Estimated 50 Inmates, 1 Unit= 30 Minutes

BASE YEAR - 07/01/2013 - 06/30/2014

3,600.000000 EA $____________ $___________________

0004 Family Counseling (2030) - Estimated 12 Units per Inmate;

Estimated 50 Inmates, 1 Unit= 30 Minutes

BASE YEAR - 07/01/2013 - 06/30/2014

600.000000 EA $____________ $___________________

0005 Psychiatric Evaluation and Report (5030) - 1 per authorized Inmate

BASE YEAR - 07/01/2013 - 06/30/2014

17.000000 EA $____________ $___________________

0006 Mental Health Intake Assessment and Report (5011) - Estimated 1 per inmate

BASE YEAR - 07/01/2013 - 06/30/2014

17.000000 EA $____________ $___________________

0007 Mental Health Individual Counseling (6010) - Estimated 12 Units per Inmate; Estimated 17 Inmates, 1 Unit= 30 Minutes

BASE YEAR - 07/01/2013 - 06/30/2014

204.000000 EA $____________ $___________________

0008 Mental Health Group Counseling (6020) - Estimated 24 Units per Inmate; Estimated 17 Inmates, 1 Unit= 30 Minutes

BASE YEAR - 07/01/2013 - 06/30/2014

408.000000 EA $____________ $___________________

0009 Medication Monitoring (6051) - Estimated 6 visits per Inmate;

Estimated 17 Inmates

BASE YEAR - 07/01/2013 - 06/30/2014

102.000000 EA $____________ $___________________

0010 Intake Assessment (2011) - 1 per authorized Inmate

OPTION YEAR ONE - 07/01/2014- 06/30/2015

52.000000 EA $____________ $___________________

0011 Individual Counseling (2010) - Estimated 48 Units per Inmate;

Estimated 52 Inmates, 1 Unit= 30 Minutes

OPTION YEAR ONE - 07/01/2014- 06/30/2015

2,496.000000 EA $____________ $___________________

0012 Group Counseling (2020) - Estimated 72 Units per Inmate;

Estimated 52 Inmates, 1 Unit= 30 Minutes

OPTION YEAR ONE - 07/01/2014- 06/30/2015

3,744.000000 EA $____________ $___________________

0013 Family Counseling (2030) - Estimated 12 Units per Inmate;

Estimated 52 Inmates, 1 Unit= 30 Minutes

OPTION YEAR ONE - 07/01/2014- 06/30/2015

624.000000 EA $____________ $___________________

0014 Psychiatric Evaluation and Report (5030) - 1 per authorized Inmate

OPTION YEAR ONE - 07/01/2014- 06/30/2015

17.000000 EA $____________ $___________________

RFP-TDAT-038-13 Page 4 of 31

0015 Mental Health Intake Assessment and Report (5011) - Estimated 1 per inmate

OPTION YEAR ONE - 07/01/2014- 06/30/2015

17.000000 EA $____________ $___________________

0016 Mental Health Individual Counseling (6010) - Estimated 12 Units per Inmate; Estimated 17 Inmates, 1 Unit= 30 Minutes

OPTION YEAR ONE - 07/01/2014- 06/30/2015

204.000000 EA $____________ $___________________

0017 Mental Health Group Counseling (6020) - Estimated 24 Units per Inmate; Estimated 17 Inmates, 1 Unit= 30 Minutes

OPTION YEAR ONE - 07/01/2014- 06/30/2015

408.000000 EA $____________ $___________________

0018 Medication Monitoring (6051) - Estimated 6 visits per Inmate;

Estimated 17 Inmates

OPTION YEAR ONE - 07/01/2014- 06/30/2015

102.000000 EA $____________ $___________________

0019 Intake Assessment (2011) - 1 per authorized Inmate

OPTION YEAR TWO - 07/01/2015 - 06/30/2016

54.000000 EA $____________ $___________________

0020 Individual Counseling (2010) - Estimated 48 Units per Inmate;

Estimated 54 Inmates, 1 Unit= 30 Minutes

OPTION YEAR TWO - 07/01/2015 - 06/30/2016

2,592.000000 EA $____________ $___________________

0021 Group Counseling (2020) - Estimated 72 Units per Inmate;

Estimated 54 Inmates, 1 Unit= 30 Minutes

OPTION YEAR TWO - 07/01/2015 - 06/30/2016

3,888.000000 EA $____________ $___________________

0022 Family Counseling (2030) - Estimated 12 Units per Inmate;

Estimated 54 Inmates, 1 Unit= 30 Minutes

OPTION YEAR TWO - 07/01/2015 - 06/30/2016

648.000000 EA $____________ $___________________

0023 Psychiatric Evaluation and Report (5030) - 1 per authorized Inmate

OPTION YEAR TWO - 07/01/2015 - 06/30/2016

18.000000 EA $____________ $___________________

0024 Mental Health Intake Assessment and Report (5011) - Estimated 1 per inmate

OPTION YEAR TWO - 07/01/2015 - 06/30/2016

18.000000 EA $____________ $___________________

0025 Mental Health Individual Counseling (6010) - Estimated 12 Units per Inmate; Estimated 18 Inmates, 1 Unit= 30 Minutes

OPTION YEAR TWO - 07/01/2015 - 06/30/2016

216.000000 EA $____________ $___________________

0026 Mental Health Group Counseling (6020) - Estimated 24 Units per Inmate; Estimated 18 Inmates, 1 Unit= 30 Minutes

OPTION YEAR TWO - 07/01/2015 - 06/30/2016

432.000000 EA $____________ $___________________

0027 Medication Monitoring (6051) - Estimated 6 visits per Inmate;

Estimated 18 Inmates

OPTION YEAR TWO - 07/01/2015 - 06/30/2016

108.000000 EA $____________ $___________________

0028 Intake Assessment (2011) - 1 per authorized Inmate

OPTION YEAR THREE - 07/01/2016 - 06/30/2017

56.000000 EA $____________ $___________________

0029 Individual Counseling (2010) - Estimated 48 Units per Inmate;

Estimated 56 Inmates, 1 Unit= 30 Minutes

OPTION YEAR THREE - 07/01/2016 - 06/30/2017

2,688.000000 EA $____________ $___________________

0030 Group Counseling (2020) - Estimated 72 Units per Inmate;

Estimated 56 Inmates, 1 Unit= 30 Minutes

OPTION YEAR THREE - 07/01/2016 - 06/30/2017

4,032.000000 EA $____________ $___________________

0031 Family Counseling (2030) - Estimated 12 Units per Inmate;

Estimated 56 Inmates, 1 Unit= 30 Minutes

OPTION YEAR THREE - 07/01/2016 - 06/30/2017

672.000000 EA $____________ $___________________

RFP-TDAT-038-13 Page 5 of 31

0032 Psychiatric Evaluation and Report (5030) - 1 per authorized Inmate

OPTION YEAR THREE - 07/01/2016 - 06/30/2017

19.000000 EA $____________ $___________________

0033 Mental Health Intake Assessment and Report (5011) - Estimated 1 per inmate

OPTION YEAR THREE - 07/01/2016 - 06/30/2017

19.000000 EA $____________ $___________________

0034 Mental Health Individual Counseling (6010) - Estimated 12 Units per Inmate; Estimated 19 Inmates, 1 Unit= 30 Minutes

OPTION YEAR THREE - 07/01/2016 - 06/30/2017

228.000000 EA $____________ $___________________

0035 Mental Health Group Counseling (6020) - Estimated 24 Units per Inmate; Estimated 19 Inmates, 1 Unit= 30 Minutes

OPTION YEAR THREE - 07/01/2016 - 06/30/2017

456.000000 EA $____________ $___________________

0036 Medication Monitoring (6051) - Estimated 6 visits per Inmate;

Estimated 19 Inmates

OPTION YEAR THREE - 07/01/2016 - 06/30/2017

114.000000 EA $____________ $___________________

0037 Intake Assessment (2011) - 1 per authorized Inmate

OPTION YEAR FOUR - 07/01/2017 - 06/30/2018

58.000000 EA $____________ $___________________

0038 Individual Counseling (2010) - Estimated 48 Units per Inmate;

Estimated 58 Inmates, 1 Unit= 30 Minutes

OPTION YEAR FOUR - 07/01/2017 - 06/30/2018

2,784.000000 EA $____________ $___________________

0039 Group Counseling (2020) - Estimated 72 Units per Inmate;

Estimated 58 Inmates, 1 Unit= 30 Minutes

OPTION YEAR FOUR - 07/01/2017 - 06/30/2018

4,176.000000 EA $____________ $___________________

0040 Family Counseling (2030) - Estimated 12 Units per Inmate;

Estimated 58 Inmates, 1 Unit= 30 Minutes

OPTION YEAR FOUR - 07/01/2017 - 06/30/2018

696.000000 EA $____________ $___________________

0041 Psychiatric Evaluation and Report (5030) - 1 per authorized Inmate

OPTION YEAR FOUR - 07/01/2017 - 06/30/2018

19.000000 EA $____________ $___________________

0042 Mental Health Intake Assessment and Report (5011) - Estimated 1 per inmate

OPTION YEAR FOUR - 07/01/2017 - 06/30/2018

19.000000 EA $____________ $___________________

0043 Mental Health Individual Counseling (6010) - Estimated 12 Units per Inmate; Estimated 19 Inmates, 1 Unit= 30 Minutes

OPTION YEAR FOUR - 07/01/2017 - 06/30/2018

228.000000 EA $____________ $___________________

0044 Mental Health Group Counseling (6020) - Estimated 24 Units per Inmate; Estimated 19 Inmates, 1 Unit= 30 Minutes

OPTION YEAR FOUR - 07/01/2017 - 06/30/2018

456.000000 EA $____________ $___________________

0045 Medication Monitoring (6051) - Estimated 6 visits per Inmate;

Estimated 19 Inmates

OPTION YEAR FOUR - 07/01/2017 - 06/30/2018

114.000000 EA $____________ $___________________

2.1 CONTINUATION OF SF-1449, BLOCK 20

SCHEDULE OF SUPPLIES/SERVICES

The contractor shall be capable of providing outpatient substance abuse and mental health services to offenders confined in com-

RFP-TDAT-038-13 Page 6 of 31 munity-based programs. The location where services are to be provided shall be accessible to local public transportation and within 10 miles of Fresno City Hall, at 2600 Fresno Street, Fresno, California 93721.

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 July 1, 2013.

Transitional Drug Abuse Treatment

Decisional Rule Criteria Lowest Cost Technical Acceptable:

1. 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 shall submit a mission statement that reflects their use of CBT.

2. 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.)

3. The offeror has proof that the agency is appropriately licensed and/ certified to provide drug abuse and mental health treatment in California. The offeror must submit a copy of the current agency license and/or certification as required by the state.

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

5. The offeror clearly demonstrates the facility is accessible to or accommodates inmates with disabilities. The offeror must submit documentation showing the proposed facility is accessible to or accommodates inmates with disabilities. This may be done by ADA documentation or a personal statement detailing a plan for accommodations.

6. The offeror has the name (s) and current license (s) of a Medical Doctor (MD) or Doctor of Osteopathic (DO) to conduct psychiat-ric evaluations and reports. If done by someone other than the MD or DO, the offeror must have a qualified practitioner (i.e. Physician Assistant, Advanced Practice Registered Nurse Practitioner/Specialist) with prescriptive authority who meets the standards of practice established by the state’s professional regulatory board to provide medication monitoring. The offeror must submit a copy of the indi-vidual (s) current license from the licensing board of the State.

7. 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) and identify position(s) of each staff proposed to work on the contract and a re-sume detailing the experience of each staff providing direct services. The resume must include specialized experience and years of experience.

8. The offeror has an individual on staff or has an agreement with a qualified clinical supervisor to provide clinical supervision for all staff providing direct services. The individual must be licensed in California. The offeror must submit a copy of the individual’s cur-rent license from the licensing board.

RFP-TDAT-038-13 Page 7 of 31

9. If the offeror is a primary contractor subcontracting services, the primary contractor must be licensed in California. The offeror must submit a copy of the primary contractor’s current license in the State in which performance occurs.

10. The offeror must demonstrate they have plans for emergency situations to include a contingency plan for suicidal inmates. The of-feror must submit a copy of the offeror’s plan for emergency situations to include a contingency plan for suicidal inmates.

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

12. 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 quoted 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 TDAT Contracting 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. The invoice shall include the business size standard on all invoices submitted for payment.

RFP-TDAT-038-13 Page 8 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.acquisition.gov/far

Clause Title

52.253-1 Computer Generated Forms (Jan 1991)

52.242-15 Stop-Work Order (Aug 1989)

52.242-13 Bankruptcy (July 1995)

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)Jeff Anderson, Lead COR, Dwayne Fontenot, Shane Lightel, Michael Phillips, Daniel Reeser, and Merie Teater,Western Regional Office, 1299 Seaside Avenue, San Pedro, CA. 90731,(310) 732-5185, (602) 514-7081, (310) 732-5137, (310) 732-5138,

(310) 732-5175, and (310) 732-5176, 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.

RFP-TDAT-038-13 Page 9 of 31

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

RFP-TDAT-038-13 Page 10 of 31 cess.

c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contract-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.

RFP-TDAT-038-13 Page 11 of 31

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

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

• Integrate pandemic health crisis response expectations into telework agreements.

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

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

• Practice telework regularly to ensure effectiveness.

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

• Identify how time and attendance will be maintained.

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

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

[End of Clause]

52.204-7 Central Contractor Registration (Aug 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 assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

"Registered in the CCR database" means that--

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, as well as data re-quired by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the CCR database; and

(2) 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.

RFP-TDAT-038-13 Page 12 of 31

(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

(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:

(i) Company legal business.

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

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

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

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

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

(d) 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.

(e) 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-

RFP-TDAT-038-13 Page 13 of 31 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-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 https://www.acquisition.gov or by calling 1-888-227-2423, or 269-961-5757.

(End of clause)

52.204-13 Central Contractor Registration Maintenance (Dec 2012)

(a) Definition. 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, which is used as the identification number for Federal Contractors.

“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 assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(b) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability result-ing from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial regis-tration, 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.

(c)

(d) Contractors may obtain additional information on registration and annual confirmation requirements at ht-tps://www.acquisition.gov .

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)

RFP-TDAT-038-13 Page 14 of 31

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 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)

RFP-TDAT-038-13 Page 15 of 31

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)

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…