Attachment_II_-_Special_Contract_Conditions.pdf

Attachment II - Special Contract Conditions

NON-PERSONAL SERVICES STATUS: Award of this Contract shall not be construed as a personnel appointment with the Bureau of Prisons. The services shall not constitute an employer/employee relationship. Payments to the Contractor shall be based on the provision of an end product or the accomplishment of a specific task. Results to be obtained are within the Contractor's own unsupervised determination. The Contractor will not be subject to Government supervision but its efforts will be monitored for quality assurance.

The resulting Contract shall be a non-personal services contract, as defined in Federal Acquisition Regulations (FAR) 37.101, under which the Contractor is an independent contractor. The Contractor shall indemnify the Government for any liability producing act or omission by the Contractor, its employees and agents occurring during contract performance.

REVIEWS: The Contracting Officer (CO) or designee is authorized to review by on-site survey, review of records, or by any other reasonable manner, the quality of services rendered under this Contract. All records shall be subject to review by the CO or other representative of the Bureau of Prisons (BOP).

Payments will be denied when such service does not support the charges or if the service is deemed not necessary or appropriate. Such determinations may be made by the CO or Contracting Officer's Representative (COR), whichever is appropriate. The BOP reserves the right to require an independent audit of any invoice or bill.

PERFORMANCE: The anticipated periods of performance under the Contract include:

Base Year:

Option Year 1:

Option Year 2:

Option Year 3:

Option Year 4:

Effective Date of Award (EDOA) through 12 months 13 months through 24 months 25 months through 36 months 37 months through 48 months 49 months through 60 months

The Contractor shall commence performance of the services by immediately providing paperwork for background clearance of their employees and commence full performance of the services under this Contract within 15 calendar days after background clearances are obtained. In accordance with FAR

46.503 and 46.403(a) (6), the place of acceptance for services under this Contract is at the destination of the appropriate institution. The Contractor shall provide the services independent of Government supervision.

CONTRACT ADMINISTRATION: Authority to negotiate changes in the terms, conditions, or amounts cited in this Contract is reserved to the CO. After award, this responsibility may be delegated to an Administrative CO(s) by the CO. In accordance with FAR 42.202 and 42.302, the Contracting Office as stated in block 16 of the SF1449, is assigned to be the Contract Administration Office (CAO) for this Contract. This assignment carries with it the authority to perform all normal administration functions listed in FAR 42.302(a), items (1) through (70); to the extent those functions apply to this Contract. This assignment also includes delegation of authority to perform functions specified in FAR 42.302(b), items (1) through (11 ).

Ordering Procedures: Task orders issued under the resulting contract will take the form of a BOP purchase request or purchase card acquisition form. Orders may be issued orally, by facsimile, by mail, or by electronic commerce methods. Task orders may be issued by the awarding CO, Administrative Contracting Officer, or an ordering official for the institution with an appropriate certificate of appointment or a delegation of authority for credit card purchases.

Contracting Officer's Representative (COR): It is anticipated that the COR will be designated after award and, upon designation, will be responsible for: a) Monitoring progress, including surveillance and assessment of performance; b) Interpreting the scope of work; c) Performance evaluation as required; d) Performance inspection and acceptance; e) Assisting in the resolution of performance problems encountered by the service provider during contract performance; f) Monitoring funds available for obligation; g) Ensuring that invoices and payments are processed in a timely manner; h) Assisting in the resolution of administrative problems experienced by the service provider during contract performance.

SCHEDULE OF REQUIRED INSURANCE: As required by FAR clauses 52.228-5 entitled "Insurance-Work on a Government Installation" the Contractor shall, at its own expense, provide and maintain during the entire performance of the resulting contract, at least the kinds and minimum amounts of insurance required as listed below:

Comprehensive General Liability: $500,000 per accident on occurrence for bodily injury. This insurance shall include contractor's protective and liability (FAR 28.307-2(b)), and Automobile liability:

(FAR 28.307-2(c)).

Before commencing work under this Contract, the Contractor shall certify to the CO in writing that the required insurance has been obtained. The policies evidencing required coverage shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the state in which this Contract is to be performed, or (2) until 30 days after insurer or the Contractor gives written notice to the CO, whichever period is longer.

The Contractor shall insert the substance of this clause, including this paragraph, in subcontracts under this Contract that require work on a Government installation and shall require subcontractors to provide and maintain insurance required in the schedule or elsewhere in the Contract. The Contractor shall maintain a copy of all subcontractor's proofs of required insurance, and shall make copies available to the CO upon request.

PRIVACY ACT NOTIFICATION: The Contract may require Contract Employee's to operate a system of records and maintain documentation that will require adherence to the Privacy Act of 197 4. The system of records will be maintained in accordance with community standards for academic records.

The Contractor and/or its employees are not authorized to disclose this or any information pertaining to an inmate to any non-BOP source. Any requests for such information shall be forwarded to the Supervisor of Education for proper disposition.

CONTRACT MONITORING: Throughout the life of the contract, the Contractor will be evaluated on the ability to provide effective management, cooperative and proactive behavior with the technical representative(s) and Contracting Officer, flexibility, responsiveness to inquiries, problem resolution and customer satisfaction. The Contractor will be evaluated on satisfaction of the technical monitors with the overall performance, and final product and services. Evaluation will also be based on consideration of all relevant facts and circumstances. It will include a determination of the Contractor's commitment to customer satisfaction and will include conclusions of informed judgment.

However, the basis for the conclusions of judgment will be substantially documented.