RFQ-CTS-092-15_Garden_Grove _CA_final.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

RFQ-CTS-092-15

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

06/02/2015

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME

Katherine Bowen kbowen@bop.gov

b. TELEPHONE NUMBER (No collect calls)

202-307-2500

8. OFFER DUE DATE / LOCAL

TIME

07/02/2015 12:00:00

CODE BCO

Federal Bureau of Prisons Central Office

320 FIRST STREET NW

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: $17,000,000

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

BWROCODE15. DELIVER TO

Federal Bureau of Prisons Western Regional Office

7338 SHORELINE DRIVE

STOCKTON, CA 95219

CODE BCO16. ADMINISTERED BY

Federal Bureau of Prisons Central Office

320 FIRST STREET NW

WASHINGTON, DC 20534

Katherine Bowen

(O) 202-307-2500 kbowen@bop.gov

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

BWROCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons Western Regional Office

7338 SHORELINE DRIVE

STOCKTON, CA 95219

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

0001 Intake/Assessment & Report - Substance Abuse (2011) (one per inmate) for Estimated 25 Inmates Base Period: Date of award - 12 months

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

25.000000 EA $________________ $_________________

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 Kuykendall

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

RFQ-CTS-092-15 Page 1 of 35

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-092-15 Page 2 of 35

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)

52.27-103-72 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) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014) 52.209-5 Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability (Deviation 2014-01)(November 2013) 52.216-18 Ordering (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) 52.233-3 Protest after Award (Aug 1996) 52.237-7 Indemnification and Medical Liability Insurance (Jan 1997) 52.252-6 Authorized Deviations in Clauses (Apr 1984)

4 List of Attachments 5 Solicitation Provisions

52.204-17 Ownership or Control of Offeror (Nov 2014) 52.209-7 Information Regarding Responsibility Matters (Jul 2013) 52.212-3 Offeror Representations and Certifications--Commercial Items (Mar 2015)

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) 52.217-5 Evaluation of Options (July 1990)

RFQ-CTS-092-15 Page 3 of 35

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Individual Counseling (2010) (30 Minutes = 1 Unit) Estimated 48 Units per Inmate; Estimated 25 Inmates Base Period: Date of award - 12 months

1,200.000000 SS $____________ $___________________

0003 Group Counseling (2020) (30 Minutes = 1 Unit) Estimated 72 Units per Inmate; Estimated 25 Inmates Base Period: Date of award - 12 months

1,800.000000 SS $____________ $___________________

0004 Family Counseling (2030) (30 Minutes = 1 Unit) Estimated 12 Units per Inmate; Estimated 25 Inmates Base Period: Date of award - 12 months

300.000000 SS $____________ $___________________

0005 Psychiatric Evaluation (5030) (one per inmate) for Estimated 8 Inmates Base Period: Date of award - 12 months

8.000000 EA $____________ $___________________

0006 Intake/Assessment & Report - Mental Health (5011) (one per inmate) for Estimated 8 Inmates Base Period: Date of award - 12 months

8.000000 EA $____________ $___________________

0007 Individual Counseling - Mental Health (6010) (30 Minutes = 1 Unit) Estimated 12 Units per Inmate; Estimated 8 Inmates Base Period: Date of award - 12 months

96.000000 SS $____________ $___________________

0008 Group Counseling - Mental Health (6020) (30 Minutes = 1 Unit) Estimated 24 Units per Inmate; Estimated 8 Inmates Base Period: Date of award - 12 months

192.000000 SS $____________ $___________________

0009 Medication Monitoring (6051) (6 visits per inmate) for Estimated 8 Inmates Base Period: Date of award - 12 months

48.000000 EA $____________ $___________________

0010 Transportation (1202) (round trip) Estimated 124 Units per Inmate; Estimated 25 Inmates Base Period: Date of award - 12 months

3,100.000000 EA $____________ $___________________

0011 Intake/Assessment & Report - Substance Abuse (2011) (one per inmate) for Estimated 25 Inmates Option Year 1 - 13 months through 24 months

25.000000 EA $____________ $___________________

0012 Individual Counseling (2010) (30 Minutes = 1 Unit) Estimated 48 Units per Inmate; Estimated 25 Inmates Option Year 1 - 13 months through 24 months

1,200.000000 SS $____________ $___________________

0013 Group Counseling (2020) (30 Minutes = 1 Unit) Estimated 72 Units per Inmate; Estimated 25 Inmates Option Year 1 - 13 months through 24 months

1,800.000000 SS $____________ $___________________

0014 Family Counseling (2030) (30 Minutes = 1 Unit) Estimated 12 Units per Inmate; Estimated 25 Inmates Option Year 1 - 13 months through 24 months

300.000000 SS $____________ $___________________

0015 Psychiatric Evaluation (5030) (one per inmate) for Estimated 8 Inmates Option Year 1 - 13 months through 24 months

8.000000 EA $____________ $___________________

0016 Intake/Assessment & Report - Mental Health (5011) (one per inmate) for Estimated 8 Inmates Option Year 1 - 13 months through 24 months

8.000000 EA $____________ $___________________

RFQ-CTS-092-15 Page 4 of 35

0017 Individual Counseling - Mental Health (6010) (30 Minutes = 1 Unit) Estimated 12 Units per Inmate; Estimated 8 Inmates Option Year 1 - 13 months through 24 months

96.000000 SS $____________ $___________________

0018 Group Counseling - Mental Health (6020) (30 Minutes = 1 Unit) Estimated 24 Units per Inmate; Estimated 8 Inmates Option Year 1 - 13 months through 24 months

192.000000 SS $____________ $___________________

0019 Medication Monitoring (6051) (6 visits per inmate) for Estimated 8 Inmates Option Year 1 - 13 months through 24 months

48.000000 EA $____________ $___________________

0020 Transportation (1202) (round trip) Estimated 124 Units per Inmate; Estimated 25 Inmates Option Year 1 - 13 months through 24 months

3,100.000000 EA $____________ $___________________

0021 Intake/Assessment & Report - Substance Abuse (2011) (one per inmate) for Estimated 25 Inmates Option Year 2 - 25 months through 36 months

25.000000 EA $____________ $___________________

0022 Individual Counseling (2010) (30 Minutes = 1 Unit) Estimated 48 Units per Inmate; Estimated 25 Inmates Option Year 2 - 25 months through 36 months

1,200.000000 SS $____________ $___________________

0023 Group Counseling (2020) (30 Minutes = 1 Unit) Estimated 72 Units per Inmate; Estimated 25 Inmates Option Year 2 - 25 months through 36 months

1,800.000000 SS $____________ $___________________

0024 Family Counseling (2030) (30 Minutes = 1 Unit) Estimated 12 Units per Inmate; Estimated 25 Inmates Option Year 2 - 25 months through 36 months

300.000000 SS $____________ $___________________

0025 Psychiatric Evaluation (5030) (one per inmate) for Estimated 8 Inmates Option Year 2 - 25 months through 36 months

8.000000 EA $____________ $___________________

0026 Intake/Assessment & Report - Mental Health (5011) (one per inmate) for Estimated 8 Inmates Option Year 2 - 25 months through 36 months

8.000000 EA $____________ $___________________

0027 Individual Counseling - Mental Health (6010) (30 Minutes = 1 Unit) Estimated 12 Units per Inmate; Estimated 8 Inmates Option Year 2 - 25 months through 36 months

96.000000 SS $____________ $___________________

0028 Group Counseling - Mental Health (6020) (30 Minutes = 1 Unit) Estimated 24 Units per Inmate; Estimated 8 Inmates Option Year 2 - 25 months through 36 months

192.000000 SS $____________ $___________________

0029 Medication Monitoring (6051) (6 visits per inmate) for Estimated 8 Inmates Option Year 2 - 25 months through 36 months

48.000000 EA $____________ $___________________

0030 Transportation (1202) (round trip) Estimated 124 Units per Inmate; Estimated 25 Inmates Option Year 2 - 25 months through 36 months

3,100.000000 EA $____________ $___________________

0031 Intake/Assessment & Report - Substance Abuse (2011) (one per inmate) for Estimated 25 Inmates Option Year 3 - 37 months through 48 months

25.000000 EA $____________ $___________________

0032 Individual Counseling (2010) (30 Minutes = 1 Unit) Estimated 48 Units per Inmate; Estimated 25 Inmates Option Year 3 - 37 months through 48 months

1,200.000000 SS $____________ $___________________

0033 Group Counseling (2020) (30 Minutes = 1 Unit) Estimated 72 Units per Inmate; Estimated 25 Inmates Option Year 3 - 37 months through 48 months

1,800.000000 SS $____________ $___________________

0034 Family Counseling (2030) (30 Minutes = 1 Unit) Estimated 12 Units per Inmate; Estimated 25 Inmates Option Year 3 - 37 months through 48 months

300.000000 SS $____________ $___________________

RFQ-CTS-092-15 Page 5 of 35

0035 Psychiatric Evaluation (5030) (one per inmate) for Estimated 8 Inmates Option Year 3 - 37 months through 48 months

8.000000 EA $____________ $___________________

0036 Intake/Assessment & Report - Mental Health (5011) (one per inmate) for Estimated 8 Inmates Option Year 3 - 37 months through 48 months

8.000000 EA $____________ $___________________

0037 Individual Counseling - Mental Health (6010) (30 Minutes = 1 Unit) Estimated 12 Units per Inmate; Estimated 8 Inmates Option Year 3 - 37 months through 48 months

96.000000 SS $____________ $___________________

0038 Group Counseling - Mental Health (6020) (30 Minutes = 1 Unit) Estimated 24 Units per Inmate; Estimated 8 Inmates Option Year 3 - 37 months through 48 months

192.000000 SS $____________ $___________________

0039 Medication Monitoring (6051) (6 visits per inmate) for Estimated 8 Inmates Option Year 3 - 37 months through 48 months

48.000000 EA $____________ $___________________

0040 Transportation (1202) (round trip) Estimated 124 Units per Inmate; Estimated 25 Inmates Option Year 3 - 37 months through 48 months

3,100.000000 EA $____________ $___________________

0041 Intake/Assessment & Report - Substance Abuse (2011) (one per inmate) for Estimated 25 Inmates Option Year 4 - 49 months through 60 months

25.000000 EA $____________ $___________________

0042 Individual Counseling (2010) (30 Minutes = 1 Unit) Estimated 48 Units per Inmate; Estimated 25 Inmates Option Year 4 - 49 months through 60 months

1,200.000000 SS $____________ $___________________

0043 Group Counseling (2020) (30 Minutes = 1 Unit) Estimated 72 Units per Inmate; Estimated 25 Inmates Option Year 4 - 49 months through 60 months

1,800.000000 SS $____________ $___________________

0044 Family Counseling (2030) (30 Minutes = 1 Unit) Estimated 12 Units per Inmate; Estimated 25 Inmates Option Year 4 - 49 months through 60 months

300.000000 SS $____________ $___________________

0045 Psychiatric Evaluation (5030) (one per inmate) for Estimated 8 Inmates Option Year 4 - 49 months through 60 months

8.000000 EA $____________ $___________________

0046 Intake/Assessment & Report - Mental Health (5011) (one per inmate) for Estimated 8 Inmates Option Year 4 - 49 months through 60 months

8.000000 EA $____________ $___________________

0047 Individual Counseling - Mental Health (6010) (30 Minutes = 1 Unit) Estimated 12 Units per Inmate; Estimated 8 Inmates Option Year 4 - 49 months through 60 months

96.000000 SS $____________ $___________________

0048 Group Counseling - Mental Health (6020) (30 Minutes = 1 Unit) Estimated 24 Units per Inmate; Estimated 8 Inmates Option Year 4 - 49 months through 60 months

192.000000 SS $____________ $___________________

0049 Medication Monitoring (6051) (6 visits per inmate) for Estimated 8 Inmates Option Year 4 - 49 months through 60 months

48.000000 EA $____________ $___________________

0050 Transportation (1202) (round trip) Estimated 124 Units per Inmate; Estimated 25 Inmates Option Year 4 - 49 months through 60 months

3,100.000000 EA $____________ $___________________

2.1 SF 1449, Schedule of Supplies and Services

SCHEDULE OF SUPPLIES/SERVICES

RFQ-CTS-092-15 Page 6 of 35

Provide Transitional Drug Abuse and Mental Health (TDAT & MH) services to offenders confined in community-based programs and on home confinement located within a 5 mile radius of Garden Grove City Hall, 11222 Acaia Parkway, Garden Grove, California 92840.

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

The anticipated total contract period is a one-year base period (to begin upon the effective date of contract award) and four additional one-year option periods. The anticipated total contract period is five years. The anticipated performance start date is October 1, 2015.

Transitional Drug Abuse Treatment and Mental Health Treatment Services Decisional Rule Criteria Lowest Cost Technically Acceptable:

The quoter demonstrates a philosophy that adheres to the cognitive behavioral therapy (CBT) or they use a theoretical model compatible with CBT (e.g. Motivational Interviewing, Cognitive Mapping, etc.). Quoter shall submit a mission statement that reflects their use of CBT.

The quoter’s proposed facility and/or place of performance is within the geographic restrictions.

The quoter shall submit how this was determined (e.g. MapQuest, Google, etc.).

The quoter has proof that the agency/facility proposed is licensed and/or certified to provide drug abuse and mental health treatment in California. The quoter must submit a copy of the cur-rent agency license and/or certification as required by the state.

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

The quoter clearly demonstrates the facility is accessible to or accommodates inmates with dis-abilities. The quoter must submit documentation showing the proposed facility is accessible to or accommodates inmates with disabilities. This may be done by ADA documentation or a per-sonal statement detailing a plan for accommodations.

The quoter has the name(s) and current license(s) of a Medical Doctor (MD) or Doctor of Osteopathic (DO) to conduct psychiatric evaluations and reports. If done by someone other than the MD or DO, the quoter 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 quoter must submit a copy of the individual(s) current li-cense from the licensing board of the State.

The quoter has included the name(s), position, education, experience and license(s) of those in-dividuals who will provide direct services and the names of all individuals with access to of-fender records including billing. The quoter must submit a list of name(s) and identify posi-tion(s) of each staff proposed to work on the contract and a resume detailing the experience of each staff providing direct services. The resume must include specialized experience and years

RFQ-CTS-092-15 Page 7 of 35 of experience.

The quoter 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 li-censed in California. The quoter must submit a copy of the individual’s current license from the licensing board.

If the quoter is a primary contractor subcontracting services, the primary contractor must be li-censed in California. The quoter must submit a copy of the primary contractor’s current license in the State in which performance occurs.

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

If performance will occur at the residential reentry center (RRC), the quoter must have a letter from the authorized negotiator stating the quoter 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 confiden-tiality and an agreement to turn video cameras/recording devices off during all clinical sessions.

The quoter must include the letter from the authorized negotiator.

The quoter has proof that the RRC adheres to all state licensure requirements to provide drug abuse and mental health services at the site. The quoter must provide a copy of the current RRC license and/or certification to provide drug abuse and mental health service 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 comparable quantities under similar terms and conditions, in addi-tion 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 con-tract shall be ordered by issuance of task orders by a warranted Contracting Officer in the CTS Contracting Section.

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 CTS Coordinator indicated in Item 15 of the SF-1449. Contractors that are classified as a small business are required to indicate their small business size status on each invoice submitted for payment.

RFQ-CTS-092-15 Page 8 of 35

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/far

Clause Title

52.242-15 Stop-Work Order (Aug 1989)

52.203-3 Gratuities (Apr 1984)

52.204-18 Commercial and Government Entity Code Maintenance (Nov 2014)

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

52.242-13 Bankruptcy (July 1995)

52.253-1 Computer Generated Forms (Jan 1991)

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

Clauses By Full Text

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

(a)Jeff Anderson, Lead COR, Herbert Dwayne Fontenot, Michael Phillips, Daniel Reeser, Merle Russo, and Roderick Ashford ,[Title] , Federal Bureau of Prisons , 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 Representat-ive (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-tual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

RFQ-CTS-092-15 Page 9 of 35

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.

[End of Clause]

RFQ-CTS-092-15 Page 10 of 35

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authoriza-tion Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisi-tion threshold.

(End of clause)

52.209-5 Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability (Deviation 2014-01)(November 2013)

(a) In accordance with sections 536 and 537 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2014 (Title II, Division B, Pub. L. 113-76), none of the funds made available by that Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with a corporation –

(1) convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or

(2) that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(b) By accepting this award or order, in writing or by performance, the offeror/contractor represents that –

(1) the offeror is not a corporation convicted of a felony criminal violation under any Federal or State law within the preceding 24 months; and,

(2) the offeror is not a corporation that has any unpaid Federal or State tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agree-ment with the authority responsible for collecting the tax liability.

(End of Clause)

52.216-18 Ordering (Oct 1995)

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

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.216-21 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

RFQ-CTS-092-15 Page 11 of 35 limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this con-tract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified un-der this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Con-tractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Con-tractor shall not be required to make any deliveries under this contract after the last day of the contract's effective period.

(End of clause)

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Of-ficer may exercise the option by written notice to the Contractor within the current contract period.

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written no-tice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] before the contract expires. The pre-liminary notice does not commit the Government to an extension.

(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 30 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-

RFQ-CTS-092-15 Page 12 of 35 ated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30 of the base year or any option year exercised, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.233-3 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)

52.237-7 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 million.

RFQ-CTS-092-15 Page 13 of 35

(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)

[END OF ADDENDUM TO FAR 52.212-4]

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (MAY 2015)

Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (May 2015)

(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 (Dec 2014)

(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:

RFQ-CTS-092-15 Page 14 of 35

[Contracting Officer check as appropriate.]

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

_XX_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (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). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C.

6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_XX_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

XX_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

_XX_ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13) [Reserved]

__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

_XX_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

_XX_ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Oct 2014) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

RFQ-CTS-092-15 Page 15 of 35

_XX_ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

_XX_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_XX_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

_XX_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_XX_ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

_XX_ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).

_XX_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_XX_ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

_XX_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_XX_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

_XX_ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C.

6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-13.

__ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

__ (ii)…