ResidencyAttachments_new.pdf

U.S. Department of Justice

Federal Bureau of Prisons

Washington, DC 20534

June 21, 2004

MEMORANDUM FOR PROCUREMENT SECTION CHIEFS

INSTITUTION ACQUISITION STAFF

/s/ FROM: Darlene Ely

Procurement Executive

SUBJECT: Bureau of Prisons (BOP) Acquisition Guidance Document 04-014, Department of Justice (DOJ) Residency Requirement - Revised

This guidance document is being issued to revise and replace BOP Acquisition Guidance Document 04-004 which implemented procedures for the DOJ Residency Requirement.

The DOJ Residency Requirement was put into effect by a memorandum from Bruce K. Sasser and Keith E. Hall on November 28, 2003. The DOJ Residency Requirement, however, has proven challenging to implement. To reduce the difficulties in implementing this requirement and to better define its applicability, the Acquisitions Management Section (AMS) collaborated with the Security and Background Investigation Section have clarified the procurement procedures.

Effective the date of this memorandum, BOP acquisition staff shall begin using the following procedures:

1. The DOJ Residency Requirement is applicable to all contractors performing services (regardless of the method of procurement) on federally owned or leased property. This includes institutions, Central Office, Regional Offices, Community Corrections Offices, and Training Centers.

2. The DOJ Residency Requirement is applicable to contractors operating privately-owned prisons and residential community corrections centers.

3. The DOJ Residency Requirement is applicable to services performed off-site at non-BOP facilities that involve public trust. Such services involve public safety, health, law enforcement duties, and other services involving access to, operation of, or control of BOP financial records.

Examples of services that are considered to be public trust are as follows: Guard services, Equal Employment Opportunity Investigators, medical services (not applicable to the transportation of inmates), Community Corrections services, and Transitional Drug Treatment services.

4. In addition to the DOJ Residency Requirement, access to DOJ information technology and information systems are subject to unique requirements governed by DOJ Order 2640.2E.

Acquisition staff should refer to this DOJ Order for applicability to information technology requirements.

5. BOP Clause: Acquisition staff need only include the BOP clause for the DOJ Residency Requirement in solicitation documents and contract awards (See Attachment I).

6. Certification: The Certification (See Attachment II) is applicable only to purchase card transactions and must be

(i) completed by a representative for the vendor, and (ii) included with the purchase card acquisition form. A signed certification from each individual performing the services for the company is not required.

7. In addition to the DOJ Residency Requirement, if the individual is a non-U.S. citizen, the individual must be from a country allied with the United States. The following website provides a list of allied countries:

http://www.opm.gov/employ/html/citizen.htm. You may also contact the Department of State, Office of the Legal Advisor, Office of Treaty Affairs, at (202) 647-1736 to obtain a hard copy of the current list.

http://www.opm.gov/employ/html/citizen.htm.

8. The procedures in place for requesting waivers remains the same and can be found in Attachment III.

If you have any questions, please do not hesitate to contact Matthew D. Nace, Chief, AMS, at (202) 307–0985, or the Chief, Security and Background Investigation Section, at

(214) 224-3582.

Attachments cc: Procurement Branch Chiefs Sandra Wells, Chief Security and Background Investigation Section All Regional Comptrollers All Institution Controllers/Business Administrators

Attachment I

DEPARTMENT OF JUSTICE CONTRACTOR RESIDENCY REQUIREMENT

BUREAU OF PRISONS CLAUSE (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 commitment, 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; or

3. 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 information 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.

http://www.opm,gov/employ/html/citizen.htm

Attachment II

DEPARTMENT OF JUSTICE

RESIDENCY REQUIREMENT CERTIFICATION FORM (JUNE 2004)

This certification is required to be completed for all purchase card transactions for services that are subject to the DOJ Residency Requirement.

If the service is to be provided by an individual, that individual must sign the certification and return it to the cardholder for filing with the purchase card acquisition form.

If the service is to be provided by a company, one certification may be submitted by an authorized company representative. By submitting this certification, the company is agreeing to provide the BOP with contract employees that meet the DOJ Residency Requirement.

Individuals

By signing this certification I certify that for three of the five years immediately prior to responding to this solicitation, I have: 1) legally resided in the United States (U.S.); 2) worked for the U.S. overseas in a Federal or military capacity; or 3) have been a dependent of a Federal or military employee serving overseas.

Companies

By signing this certification I certify that for three of the five years immediately prior to responding to this solicitation, the contract employees providing services to the BOP have:

1) legally resided in the United States (U.S.); 2) worked for the U.S. overseas in a Federal or military capacity; or 3) have been a dependent of a Federal or military employee serving overseas.

Name of Individual/Vendor Date

Signature of Individual or Vendor Representative

Attachment III

DEPARTMENT OF JUSTICE

RESIDENCY REQUIREMENT CERTIFICATION WAIVER

PROCEDURES (JUNE 2004)

The DOJ Residency Requirement may be waived for “short-term contracts” (those contracts with a cumulative performance period of 14 days or less) if the requirement is for a critical need and requires specialized and unique skills (i.e., interpreters for rare foreign languages). Individuals performing under these “short-term contracts” must be United States citizens or permanent resident aliens.

Waiver requests shall include a memorandum outlining the extenuating circumstances and the contractor’s clearance security package from Personnel. Offices requesting waivers should forward requests through the CEO to Sandra Wells, Chief, Security and Background Investigation Section. Requests for approval will be sent from the Director to the DOJ Security Officer. The waiver process will take additional time and should be considered when conducting acquisition planning.