Attachment_II_-_Special_Contract_Conditions.pdf

Attachment II – Special Contract Conditions

Type of Contract: The Government contemplates a single award of an indefinite delivery/requirements type contract, with firm- fixed unit prices resulting from this solicitation. Upon mutual agreement of both parties, a bilateral contract will be established in accordance with FAR 4.101. It is anticipated that a contract resulting from this solicitation will be awarded August 1, 2016, with an effective date of August 1, 2016.

The resulting contract will include four 12-month option periods for renewal at the unilateral discretion of the Government. Pursuant to FAR 17.203(b), the Government's evaluation shall be inclusive of options. Quoters are advised that the Government has the unilateral right to exercise option periods in accordance with FAR 43.103(b) and 52.217-9, "Option to Extend the Term of the Contract" and 52.217-8, "Option to Extend Services "Pursuant to FAR 17.203(b), the Government's evaluation shall be inclusive of options. Pursuant to FAR 17.203(d), offerors may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

Non-Personal Services Status: Award of this contract will result in a contractual arrangement only and 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.

Reviews: The Contracting Officer 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 Contracting Officer or other representative of the Bureau of Prisons.

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 Contracting Officer or Contracting Officer’s Representative (COR), whichever is appropriate.

Performance: The periods of performance of the resulting contract shall be as follows:

Base Year: Effective Date of Award (EDOA) through 12 months from Effective Date of Award Option Year 1: 13 through 24 months from EDOA Option Year 2: 25 through 36 months from EDOA Option Year 3: 37 through 48 months from EDOA Option Year 4: 49 through 60 months from EDOA

The Contractor shall commence performance of services under this contract within 30 calendar days from the effective date of award. In accordance with FAR 46.503 and 46.403(a)(6), the place of acceptance for services under this contract is at the destination, the Federal Correctional Institution, Talladega, Alabama. The Contractor shall provide the contract services independent of Government supervision.

Contract Administration

Contracting Officer Responsibility: Authority to negotiate changes in the terms, conditions, or amounts cited in this contract is reserved to the Contracting Officer. After award, this responsibility may be delegated to an Administrative Contracting Office by the Contracting Officer.

Ordering Official: Task orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for the institution with an appropriate certificate of appointment or a delegation of authority for purchases. FAR 52-216-18, Ordering, Task orders issued orally, by facsimile, and/or electronically (email) are authorized.

Contracting Officer’s Representative (COR): The COR for this contract is John Cox, General Foreman, FCI Talladega. The COR shall be responsible for:

a) Monitoring technical progress, including surveillance and assessment of performance and issuing technical changes;

b) Interpreting the scope of work;

c) Technical evaluation as required;

d) Technical inspection and acceptance;

e) Assisting in the resolution of technical problems encountered by the service provider during contract performance;

f) Monitoring funds available for obligation;

g) Ensuring that task orders are issued in accordance with appropriate terms;

h) Ensuring that invoices and payments are processed in a timely manner;

i) Assisting in the resolution of administrative problems encountered by the service provider during the contract performance.

Pursuant to FAR 42.202 and 42.302, upon award, the undersigned Contracting Officer hereby assigns as the Contract Administration Office (CAO) FCI Talladega. This assignment carries with it the authority to perform all of the normal contract administration functions listed in FAR 42.302 (a), Item 1 through 70, to the extent that those functions apply to this contract. This assignment also includes delegation of authority to perform those negotiation functions as specified in FAR 42.302 (b), items 1 through 11.

Contract Security/Investigative Requirements: The employees of the Contractor entering the institution shall meet certain security requirements to receive an institutional pass as required by Bureau of Prisons Program Statement 3000.03 dated December 19, 2007.

The program manager at the institution is responsible for conducting the appropriate vouchering, law enforcement checks, and ensuring that fingerprinting is completed on all contract staff that may need access inside the confines of the secure perimeter. The personnel department will establish a security file that will be maintained on each of the contractor's employees from the beginning of the contract through its duration. The following investigative procedures will be performed:

National Crime Information Center (NCIC) DOJ-99 (name check);

FD-258 (fingerprint check) Law Enforcement Agency checks Vouchering of Employers;

Resume/Personal Qualifications OPM- 329-A (Authority for Release of Information) Complete Contractor Pre-employment form National Agency Check and Inquiries (NACI) check (if applicable) Urinalysis Test (for the detection of marijuana and other drug usage)

By submitting a quote, the Contractor and its employees agree to complete the required documents and undergo the listed procedures. An individual who does not pass the security clearances will be unable to perform services under the contract. The final determination and completion of the security investigation procedures will be made at the sole discretion of the institution. All persons are advised that a urinalysis test for the detection of marijuana and other drug usage shall be performed. Any person(s) testing positive shall be disqualified from performing under the resulting contract. Any individual employed by the Contractor deemed not suitable by the Bureau of Prisons requirements will not be granted access to perform services under the contract. This is a condition of the contract. The Contractor must be in compliance with Department of Justice regulations at 8 CFR 274a regarding the employment of aliens. A copy of this directive is available upon the Contractor's request. In addition, each contract employee must attend an orientation program at the institution.

The purpose of this program is to familiarize contract employee(s) with institution operations, the institution, and general rules of conduct and procedures inside the institution. The contract employee(s) shall adhere to all institution regulations regarding conduct and performance. The contract employee(s) will be allowed access to the institution at the sole discretion of the Chief Executive Officer (CEO). Any individual performing under this contract may be removed if it becomes apparent that his/her conduct does not reflect the conduct of that prescribed for those people performing under non-personal service contracts.

Privacy Act Notification: The contract will require contract staff to operate a system of records and maintain documentation that will require adherence to the Privacy Act of 1974. The system of records will be maintained in accordance with community standards. The Contractor and/or staff 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 SOE for proper disposition.