RFQ-CTS-025-17.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

RFQ-CTS-025-17

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

12/20/2016

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME

Victor McCall vmccall@bop.gov

b. TELEPHONE NUMBER (No collect calls)

(O) 202-307-1942 (F) 202-616-6224

8. OFFER DUE DATE / LOCAL

TIME

01/17/2017 14:00:00

CODE BCO

Federal Bureau of Prisons Central Office CTS Contracting

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: $15,000,000

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

X RFQ IFB RFP

14. METHOD OF SOLICITATION

BMXRCODE15. DELIVER TO

Federal Bureau of Prisons Baltimore Regional Office 302 Sentinel Drive Suite 200 Annapolis Junction, MD 20701

CODE BCO16. ADMINISTERED BY

Federal Bureau of Prisons Central Office CTS 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 Baltimore 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

Delivery Date: 04/01/2017

Provide Community Treatment Services in Charleston, West Virginia

D06 Size Standard = $10,000,001-$15,000,000

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. FAR 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)

Victor McCall

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

RFQ-CTS-025-17 Page 1 of 36

025-17

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

RFQ-CTS-025-17 Page 2 of 36

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2.1 CONTINUATION OF SF-1449, BLOCK 20

3 Contract Clauses

52.21-603-70 Contracting Officer's Representative (COR) (June 2012)

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) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (Nov 2016) 52.216-19 Order Limitations (Oct 1995) 52.216-18 Ordering (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.216-21 Requirements (Oct 1995) 52.232-18 Availability Of Funds (Apr 1984) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.233-3 Protest after Award (Aug 1996) 52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984)

52.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR

2011) 52.237-7 Indemnification and Medical Liability Insurance (Jan 1997) 52.252-6 Authorized Deviations in Clauses (Apr 1984) 52.244-2 Subcontracts (Oct 2010)

4 List of Attachments 5 Solicitation Provisions

52.209-7 Information Regarding Responsibility Matters (Jul 2013) 52.212-3 Offeror Representations and Certifications--Commercial Items (Mar 2015) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) 52.216-1 Type of Contract (Apr 1984) 52.233-2 Service of Protest (Sept 2006) 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016)

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

52.217-5 Evaluation of Options (July 1990)

RFQ-CTS-025-17 Page 3 of 36

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Client Transportation (1202)- Base Period: Date of Award- 12 months

1,500.000000 EA $____________ $___________________

0003 Sex Offender-Specific Evaluation and report (5012) - 30 min. = 1 unit Base Period: Date of Award- 12 months Estimated 15 units per inmate;

15.000000 EA $____________ $___________________

0004 Penile Plethysmograph and Report (5021) Base Period: Date of Award- 12 months Estimated 1 per inmate;

30.000000 EA $____________ $___________________

0005 Polygraph Exam and Report (5022) Base Period: Date of Award- 12 months Estimated 1 per inmate;

15.000000 EA $____________ $___________________

0006 Polygraph Maintenance or Monitoring test (5023) Base Period: Date of Award- 12 months Estimated 1 per inmate;

30.000000 EA $____________ $___________________

0007 Abel Assessment for Sexual Interest (6010) Base Period: Date of Award- 12 months Estimated 10 inmates,

15.000000 EA $____________ $___________________

0008 Individual Counseling 6012:

Base Period: Date of Award- 12 months

720.000000 EA $____________ $___________________

0009 Group Counseling (6022) Base Period: Date of Award- 12 months

1,080.000000 EA $____________ $___________________

0010 Family Counseling (6032) Base Period: Date of Award- 12 months 540.000000 EA $____________ $___________________

0011 Administration Fee (1201)- Option Year One 13 months through 24 months Estimated

672.000000 EA $____________ $___________________

0012 Client Transportation Expenses (1202) - Option Year One 13 months through 24 months

1,500.000000 EA $____________ $___________________

0013 Sex Offender-Specific Evaluation and Report (5012) Option Year One 13 months through 24 months

15.000000 EA $____________ $___________________

0014 Penile Plethysmograph and Report (5021) Option Year One 13 months through 24 months Estimated

30.000000 EA $____________ $___________________

0015 Polygraph Exam and Report(5022) Option Year One 13 months through 24 months Estimated 1 per inmate;

15.000000 EA $____________ $___________________

0016 Polygraph Maintenance or Monitoring Test (5023) Option Year One 13 months through 24 months

30.000000 EA $____________ $___________________

0017 Abel Assessment for sexual Interests (5025) Option Year One 13 months through 24 months

15.000000 EA $____________ $___________________

0018 Individual Counseling (6012)- Option Year One 13 months through 24 months Estimated

720.000000 EA $____________ $___________________

0019 Group Counseling (6022)- Option Year One 13 months through 24 months Estimated

1,080.000000 EA $____________ $___________________

0020 Family Counseling (6032)- Option Year One 13 months through 24 months Estimated

540.000000 EA $____________ $___________________

0021 Administration Fee (1201) - Six month Extension

0.000000 EA $____________ $___________________

0022 Client Transportation Expenses (1202) Six month Extension 350.000000 EA $____________ $___________________

RFQ-CTS-025-17 Page 4 of 36

0023 Sex Offender specific Evaluation and Report (5012) Six month Extension

7.000000 EA $____________ $___________________

0024 Penile Plethysmograph and report (5021) Six month Extension

7.000000 EA $____________ $___________________

0025 Polygraph Exam and report(5022) Six month Extension 7.000000 EA $____________ $___________________

0026 Polygraph Maintenance or monitoring Test (5023) Six month Extension

7.000000 EA $____________ $___________________

0027 Abel Assessment for Sexual interest (5025) Six month Extension

7.000000 EA $____________ $___________________

0028 Individual Counseling- (6012) Six month Extension 168.000000 EA $____________ $___________________

0029 Group Counseling- (6022) Six month Extension 252.000000 EA $____________ $___________________

0030 Family Counseling- (6032) Six month Extension 126.000000 EA $____________ $___________________

2.1 CONTINUATION OF SF-1449, BLOCK 20

Please complete the chart below with total quoted price for the base period and each option year:

Year Total Base $ Option Year 1 $ Option Year 2 $ Six Month Extension $ Total of All Years $

Section 2.1 CONTINUATION OF SF-1449, BLOCK 20

The location where services are to be provided should be accessible by local transportation, within 10 miles of the United States District Courthouse located at Robert C. Byrd United States Courthouse, 300 Virginia Street, East, Suite 2400 Charleston, WV 25301 and must be located within a 0.5 mile walk from community base transportation.

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 two additional one-year option periods. The anticipated total contract period is Three years. The anticipated performance start date is April 01, 2017.

Community Treatment Services

RFQ-CTS-025-17 Page 5 of 36

Decisional Rule Criteria Lowest Cost Technical Acceptable:

OPERATIONS:

1. Quoter must demonstrate adherence to Cognitive Behavioral Therapy (CBT) or a compatible theoretical model.

• Quoter may submit a mission statement or treatment philosophy to satisfy this criterion.

• Quoter must clearly explain how any additional treatment protocols will be used and how the additional treatment protocols are compatible with CBT.

2. Quoter must submit a plan for addressing Crisis Intervention Assessments required to be completed within 24 hours of request by CTS staff. Quoter must provide crisis intervention procedures for emergency referral and evaluation of inmates if the inmate cannot be evaluated by the agency’s mental health provider.

3. Quoter must submit a plan that details how treatment files for Bureau inmates shall be maintained.

• Quoter must clearly detail how Bureau inmate files will be maintained separately from non-Bureau files, kept on-site, and secured.

• Any use or intended use of electronic database systems must be detailed and address the electronic system’s ability to meet the Bur-eau’s electronic security requirements. All persons with access to the electronic system must be identified and included on the Tech-nical Personnel document.

4. Quoter must submit a plan to provide treatment services to non-English speaking inmates as necessary.

5. Quoter must have a comprehensive inmate accountability program to be used in conjunction with the Bureau provided Treatment Services and Accountability Log that ensures every inmate is accounted for upon arrival, during treatment, and departure from the proposed performance site.

FACILITY:

6. Quoter must demonstrate that the proposed performance site is within the geographic restrictions, will be available on the contract effective date, able to accommodate the volume of treatment services required in the Statement of Work, and in compliance with Americans with Disabilities Act (ADA) requirements.

• Quoter shall submit a map (e.g. MapQuest, Google, etc.) plotting the proposed performance site(s) and the geographic restriction point(s). The submitted map must demonstrate the proposed performance site(s) is within the geographic restrictions.

• Quoter must submit a deed, lease, bill of sale, options to lease, or option to buy in the name of the Quoter. If the proposed perform-ance site is at an RRC, the Quoter must submit a statement that services will be provided in a space dedicated to treatment. All docu-mentation submitted must show the proposed performance site will be available on the contract effective date.

• Quoter shall submit documentation (e.g., written summary, pictures) identifying the performance site layout and number of rooms.

• Quoter shall address site compliance with ADA, or a plan for ADA accommo-dation to include restroom accommodations.

7. Quoter must submit state and local licensing statutes to operate an outpatient treatment facility and provide the necessary license to satisfy the requirements.

• Documents must be in the name of the prime contractor, sub-contractor licensing is not acceptable.

• If the quoter is in the process of obtaining a valid license, they may submit the completed application, provisional license, official email correspondence, certified letter, business license and/or other official documentation.

• If local law does not require facility licensing, the quoter must provide the statute that this factor does not apply, and submit official documents that allow services to be performed.

STAFFING:

8. Quoter must complete and sign the Technical Staff document attached to the solicitation posting.

• Quoter must identify the position and responsibility of all personnel proposed to meet the Statement of Work (SOW) requirements, to include all employees, subcontractors, volunteers, and interns who have face-to-face interaction with inmates or who have access to their personally identifiable information, treatment records, contract documentation, billing invoices, or any other inmate information.

• All authorized negotiators must be identified on this document.

9. Quoter must ensure all personnel providing direct clinical services to Bureau inmates meet the experiential, educational and licens-ing requirements outlined in the SOW with appropriate licensure/certification to practice independently (i.e., without direct supervi-sion) as required by the state authority where the services are being provided. Quoter must provide the state/local statutes that address the treatment services that each license type (listed on the Technical Staff document) can provide.

RFQ-CTS-025-17 Page 6 of 36

• Quoter must have a qualified practitioner (i.e., Physician, Physician Assistant, Advanced Practice Registered Nurse Practitioner/Spe-cialist) with prescriptive authority meeting the standards of practice established by his/her State’s professional regulatory board to provide medication monitoring and psychiatric evaluations.

• Resumes for all personnel providing direct clinical services to Bureau inmates must be submitted.

• A current valid license to provide services in the State where treatment services will be provided must be submitted for each staff member identified by the Quoter as providing direct clinical services. License verification printouts are not acceptable.

• A provisional license is not acceptable as a valid license to provide services. Interns or trainees must work directly (i.e. in the same room) with a licensed staff member when providing direct clinical services.

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 CTS 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 Coordinator indicated in Item 15 of the SF-1449. The invoice shall include the business size standard on all invoices submitted for payment.

RFQ-CTS-025-17 Page 7 of 36

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (May 2015)

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

Clause Title

52.203-3 Gratuities (Apr 1984)

52.204-18 Commercial and Government Entity Code Maintenance (Jul 2015)

52.212-4 Contract Terms and Conditions--Commercial Items (May 2015)

52.224-1 Privacy Act Notification (Apr 1984)

52.224-2 Privacy Act (Apr 1984)

52.227-1 Authorization and Consent (Dec 2007)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.242-15 Stop-Work Order (Aug 1989)

52.253-1 Computer Generated Forms (Jan 1991)

Clauses By Full Text

BOP 2852.201-71 Contracting Officer's Representative (COR) (June 2012)

(a)Amber Newman, Lead COR (301)317-3228, Alicia Carr(301)317-3215, Sheena Carter (301)317-3211, Stacy Freeman (301)317-3198, Ginna Fuchs (301)317-3233, Nelson Richardson (301)317-3217 ,302 Sentinel Dr , Suite 200,Annapolis Junction, MD 20701, 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-

RFQ-CTS-025-17 Page 8 of 36 tual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

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; 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 inform-ation regarding allied countries: http://www.opm.gov/employ/html/citizen.htm By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.

[End of Clause]

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

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

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

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

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

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

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

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

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

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

• Integrate pandemic health crisis response expectations into telework agreements.

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

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

• Practice telework regularly to ensure effectiveness.

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

• 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.

RFQ-CTS-025-17 Page 9 of 36

[End of Clause]

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management data-base via https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments -

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by -

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for -

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the is-sue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government.

The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor com-ments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past perform-ance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act proced-ures, including, where appropriate, procedures promulgated under E.O. 12600.

(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

RFQ-CTS-025-17 Page 10 of 36 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)

52.216-18 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)

52.217-8 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)

52.216-21 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)

52.232-18 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)

52.217-9 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-

RFQ-CTS-025-17 Page 11 of 36 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)

52.233-3 Protest after Award (Aug 1996)

(a) Upon receipt of a notice of protest (as defined in FAR 33.101) or a determination that a protest is likely (see FAR 33.102(d)), the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop performance of the work called for by this contract. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Con-tractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stop-page. Upon receipt of the final decision in the protest, the Contracting Officer shall either--

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the Contractor shall re-sume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the perform-ance of any part of this contract; and

(2) The Contractor asserts its right to an adjustment within 30 days after the end of the period of work stoppage; provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon a proposal at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall al-low, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(e) The Government's rights to terminate this contract at any time are not affected by action taken under this clause.

(f) If, as the result of the Contractor's intentional or negligent misstatement, misrepresentation, or miscertification, a protest related to this contract is sustained, and the Government pays costs, as provided in FAR 33.102(b)(2) or 33.104(h)(1), the Government may re-quire the Contractor to reimburse the Government the amount of such costs. In addition to any other remedy available, and pursuant to the requirements of Subpart 32.6, the Government may collect this debt by offsetting the amount against any payment due the Con-tractor under any contract between the Contractor and the Government.

(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)

BOP 2852.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR 2011)

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

RFQ-CTS-025-17 Page 12 of 36

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)

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.

52.252-6 Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized devi-ation is indicated by the addition of (DEVIATION) after the date of the clause.

(b) The use in this solicitation or contract of any JAR. (48 CFR [Chap 28]) clause with an authorized deviation is indicated by the ad-dition of (DEVIATION) after the name of the regulation.

(End of clause)

52.244-2 Subcontracts (Oct 2010)

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

RFQ-CTS-025-17 Page 13 of 36

"Approved purchasing system" means a Contractor's purchasing system that has been reviewed and approved in accordance with Part 44 of the Federal Acquisition Regulation (FAR).

"Consent to subcontract" means the Contracting Officer's written consent for the Contractor to enter into a particular subcontract.

"Subcontract" means any contract, as defined in FAR Subpart 2.1, entered into by a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(b) When this clause is included in a fixed-price type contract, consent to subcontract is required only on unpriced contract actions (including unpriced modifications or unpriced delivery orders), and only if required in accordance with paragraph (c) or (d) of this clause.

(c) If the Contractor does not have an approved purchasing system, consent to subcontract is required for any subcontract that--

(1) Is of the cost-reimbursement, time-and-materials, or labor-hour type; or

(2) Is fixed-price and exceeds--

(i) For a contract awarded by the Department of Defense, the Coast Guard, or the National Aeronautics and Space Administration, the greater of the simplified acquisition threshold or 5 percent of the total estimated cost of the contract; or

(ii) For a contract awarded by a civilian agency other than the Coast Guard and the National Aeronautics and Space Administration, either the simplified acquisition threshold or 5 percent of the total estimated cost of the contract.

(d) If the Contractor has an approved purchasing system, the Contractor nevertheless shall obtain the Contracting Officer's written consent before placing the following subcontracts:

(e)(1) The Contractor shall notify the Contracting Officer reasonably in advance of placing any subcontract or modification thereof for which consent is required under paragraph (b), (c), or (d) of this clause, including the following information:

(i) A description of the supplies or services to be subcontracted.

(ii) Identification of the type of subcontract to be used.

(iii) Identification of the proposed subcontractor.

(iv) The proposed subcontract price.

(v) The subcontractor's current, complete, and accurate certified cost or pricing data and Certificate of Current Cost or Pricing Data, if required by other contract provisions.

(vi) The subcontractor's Disclosure Statement or Certificate relating to Cost Accounting Standards when such data are required by oth-er provisions of this contract.

(vii) A negotiation memorandum reflecting--

(A) The principal elements of the subcontract price negotiations;

(B) The most significant considerations controlling establishment of initial or revised prices;

(C) The reason certified cost or pricing data were or were not required;

(D) The extent, if any, to which the Contractor did not rely on the subcontractor's certified cost or pricing data in determining the price objective and in negotiating the final price;

(E) The extent to which it was recognized in the negotiation that the subcontractor's certified cost or pricing data were not accurate, complete, or current; the action taken by the Contractor and the subcontractor; and the effect of any such defective data on the total price negotiated;

(F) The reasons for any significant difference between the Contractor's price objective and the price negotiated; and

RFQ-CTS-025-17 Page 14 of 36

(G) A complete explanation of the incentive fee or profit plan when incentives are used. The explanation shall identify each critical performance element, management decisions used to quantify each incentive element, reasons for the incentives, and a summary of all trade-off possibilities considered.

(2) The Contractor is not required to notify the Contracting Officer in advance of entering into any subcontract for which consent is not required under paragraph (b), (c), or (d) of this clause.

(f) Unless the consent or approval specifically provides otherwise, neither consent by the Contracting Officer to any subcontract nor approval of the Contractor's purchasing system shall constitute a determination--

(1) Of the acceptability of any subcontract terms or conditions;

(2) Of the allowability of any cost under this contract; or

(3) To relieve the Contractor of any responsibility for performing this contract.

(g) No subcontract or modification thereof placed under this contract shall provide for payment on a cost-plus-a-percentage-of-cost basis, and any fee payable under cost-reimbursement type subcontracts shall not exceed the fee limitations in FAR 15.404-4(c)(4)(i).

(h) The Contractor shall give the Contracting Officer immediate written notice of any action or suit filed and prompt notice of any claim made against the Contractor by any subcontractor or vendor that, in the opinion of the Contractor, may result in litigation related in any way to this contract, with respect to which the Contractor may be entitled to reimbursement from the Government.

(i) The Government reserves the right to review the Contractor's purchasing system as set forth in FAR Subpart 44.3.

(j) Paragraphs (c) and (e) of this clause do not apply to the following subcontracts, which were evaluated during negotiations:

(End of clause)

[END OF ADDENDUM TO FAR 52.212-4]

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (Nov 2016)

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

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5).