Guard_Service_-_Rochester_(2014)_(FAC_2005-72)_1-30-14.pdf

U.S. Department of Justice

Federal Bureau of Prisons

Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

January 30, 2014

RE: RFQP04121400010, Unarmed Guard Services

Federal Medical Center (FMC) – Rochester, MN

Dear Quoter:

This solicitation package has been prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the acquisition of unarmed guard services. This solicitation contains all necessary information for submitting a quote for evaluation for performing these services for FMC Rochester, MN.

In submitting quotes, quoters should consider all information provided herein. Please carefully follow all instructions located in the solicitation package concerning the content, format and submission of quotes.

All potential quoters are advised that this solicitation includes the clause at FAR 52.212-4, Contract Terms and Conditions-Commercial Items, which requires all contractors doing business with the Federal Government to be registered in the System for Award Management (SAM) database. Quoters should include their Data Universal Number System (DUNS) number in their quotes. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardee's DUNS number into the SAM database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award.

Sealed quotes shall be received on or before March 31, 2014 at 2:00 pm Central Standard Time. Quotes shall be submitted in writing to the following address:

U.S. Armed Forces Reserve Complex

346 Marine Forces Drive Grand Prairie, Texas 75051 Attn: Paul Baker, Contract Specialist

Mailed and hand-carried quotes must be delivered to the Contracting Officer at the address listed above no later than the time specified as the deadline for receipt of quotes. The official point of receipt for hand-carried quotes will be at the first floor reception area of the address listed above. Please do not submit quotes to any location other than the one listed above. Quotes received after the deadline for receipt of quotes will be handled in accordance with FAR 52.212-1(f). Faxed quotes will not be accepted.

Please place any questions you may have in writing and fax them to 972-352-4545 or e-mail to pbaker@bop.gov. We will consider all questions received and provide responses where appropriate.

Sincerely, //s// Paul Baker, Contract Specialist

Field Acquisition Office

RFQP04121400010 Page 1 of 38

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER OMB Clearance Control Number:

1103-0018

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

a. NAME

7. FOR SOLICITATION

4. ORDER NUMBER 5. SOLICITATION NUMBER

RFQP04121400010

b. TELEPHONE NUMBER (No collect calls)

6. SOLICITATION ISSUE

DATE

01/30/2014

8. OFFER DUE DATE / LOCAL

TIME

INFORMATION CALL: Paul Baker 972-352-4559 03/31/2014 14:00:00

9. ISSUED BY

CODE BFAO 10. THE ACQUISITION IS

X SMALL BUSINESS

UNRESTRICTED OR X SET ASIDE:100.00 % FOR

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

Field Acquisition Office U.S. Armed Forces Reserve Complex 346 Marine Forces Drive Grand Prairie, TX 75051

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 561612

SIZE STANDARD: D07

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

SEE

SCHEDULE

15. DELIVER TO

FMC Rochester

2110 EAST CENTER STREET

Rochester, MN 55904

12. DISCOUNT TERMS

CODE

BRCH

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

16. ADMINISTERED BY

FMC Rochester

PO BOX 4600

Attn: Contracting Office

13b. RATING

14. METHOD OF SOLICITATION

X RFQ IFB RFP

CODE BRCH

17a. CONTRACTOR/

OFFEROR

TELEPHONE NO.

FACILITY

ROCHESTER, MN 55903-4600

18a. PAYMENT WILL BE MADE BY

FMC Rochester

PO BOX 4600

Attn: Accounts Payable

ROCHESTER, MN 55903-4600

BRCH

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Provide Unarmed Guard services for FMC Rochester (See Section 2)

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. 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) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

Paul Baker

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

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

RFQP04121400010 Page 2 of 38

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2.1 Schedule Continued

2.2 Statement of Work

3 Contract Clauses 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (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) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 1989) 52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984)

52.232-40 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

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

52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE

2004) 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

52.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR

2011)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

OR OTHER NATIONAL EMERGENCY (May 2008) 52.212--5 Contract Terms and Conditions Required to Implement Statutes or Executive Order--Commercial Items (Jan 2014)

4 List of Attachments

4.1 Special Contract Conditions

5 Solicitation Provisions

5.1 Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items 52.209-7 Information Regarding Responsibility Matters (July 2013) 52.233-2 Service of Protest (Sept 2006) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)

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

52.212--3 Offeror Representations and Certifications--Commercial Items (Nov 2013)

5.3 Business Management Questionnaire

RFQP04121400010 Page 3 of 38

RFQP04121400010 Page 4 of 38

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Base Year, Effective Date of Award (EDOA) through 12 months from the EDOA

Option Year 1, 13 months through 24 months from the EDOA

Option Year 2, 25 months through 36 months from the EDOA

Option Year 3, 37 months through 48 months from the EDOA

Option Year 4, 49 months through 60 months from the EDOA

20,000.000000

SS

SS

Total Quote for the Base Year plus Four Option Years:

The Size Standard D07 = $19.0 Million. A session equals one man-hour.

2.1 Schedule Continued

Please complete the above information when preparing your quote for the base period and options years. Any resulting contract will be an indefinite delivery/requirements contract. As such, quantities listed are estimates only and are not a representation to an offeror or contractor that the estimated quantities will be required or ordered or that conditions affecting requirements will be stable or normal (FAR 16.503(a)(1)). Quotes will be evaluated for award based upon price and contractor responsibility.

Pursuant to FAR 17.203(b), the Government's evaluation shall be inclusive of options. Pursuant to FAR 17.203 (d), quoters may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

NOTE: Award shall be made to the responsive/responsible offeror(s) submitting the lowest TOTAL OFFERED AMOUNT. Rate of remuneration will be based on a each rate. This price will include all overhead, profit, administrative costs, etc., being charged by the Contractor. This service is covered by the Service Contract Act. The price must cover the minimum wage, health and welfare benefit ($3.81 per hr), federal holidays & vacation that the individual providing the service is entitled to in accordance with the wage determ-ination attached.

Nondisplacement of Qualified Workers: The Contractor and its subcontractors shall in good faith offer those service employees employed under the predecessor contract whose employment will be terminated a right of first refusal of employment under this con-tract.

2.2 Statement of Work

Objective

The objective of this work statement is to provide unarmed guard service for federal prisoners held in the custody of the Department of Justice, Federal Bureau of Prisons, Federal Medical Center, Rochester, Minnesota, requiring confinement in a hospital for medical treatment. These services shall be requested on an "as-needed-basis", by the Federal Medical Center, henceforth referred to as the

FMC.

Scope of Work

The contractor, upon verbal request from the FMC Chief Correctional Supervisor or designee, who will serve as the Contracting Of-ficer's Representative (COR), shall assign a guard to receive a federal prisoner at the hospital, designated by the COR. The contractor shall furnish the necessary personnel to provide for the protection and safekeeping of prisoners held under the authority of any United States statute, including the detention of a person who is a non-resident or non-citizen of the United States.

The contractor shall be responsible for the secure custody of all federal prisoners from the time the prisoners are accepted for custody by the contractor, until they are properly removed from custody by an authorized Federal official designated by the FMC. Adequate secure custody requires that physical control of the prisoner by the contractor shall be sufficient to prevent escape, especially when the prisoner is not within the confines of a holding facility (cell) or restrained through the use of restraining devices. The contractor is re-sponsible for maintaining constant guard over, and direct visual observation of the prisoner at all times. The contractor shall apply the minimum restraints Bureau policy requires. FMC Rochester will supply restraints.

The contractor shall accept all federal prisoners offered for custody by the COR for the FMC. The FMC official relinquishing custody of a federal prisoner to the contractor shall present identification or credentials and his/her authority for offering the prisoner's custody at the time of prisoner acceptance. The contractor shall present identification or credentials and accept custody of federal prisoners at any time, day or night, and any day of the week. PLEASE NOTE: NORMALLY, THERE WILL NOT BE MORE THAN (10) PRIS- ONERS CONFINED IN VARIOUS HOSPITALS AT ONE TIME; HOWEVER, THE CONTRACTOR WILL NOT BE REQUIRED TO FURNISH IN EXCESS OF FIVE (5) GUARDS PER EIGHT (8) HOUR SHIFT. The contractor shall honor any verbal order ex-ceeding five (5) guards unless the FMC is notified within one hour after verbal order has been made. When the Government requires services covered by this contract in an amount of less than two hours, the contractor is not obligated to furnish the service. The Chief Correctional Supervisor or the designated Operations Lieutenant or his/her designee will be authorized to place oral orders under the terms of this contract.

Institution staff shall relinquish custody to the contract guard by completing a Transfer Receipt form BP-283(58). The releasing insti-tution staff member shall retain a copy of this receipt.

Location

The place of performance will be at local hospitals, either St. Mary's, Rochester Methodist, or Olmsted Community. All are located in Rochester, MN.

Specific Requirements

The contractor shall be notified by the COR of any special instructions. If the federal prisoner is allowed to have visitors, the contract guard shall receive an approved visitor's list from the FMC. The guard shall screen and search visitors to ensure against unauthorized visitors and contraband. The screening and search of visitors will be limited to the search of all ladies' purses and the use of a metal detector. There will be no actual physical search of any visitor(s).

Contract guards shall require all approved visitors to produce photographic identification (e.g., driver's license, state identification card, etc.) before they are allowed to visit. This identification shall be matched with the information the institution provided to verify a visitor's identity.

The contractor agrees to provide these services upon request from the COR. Request for these services are subject to being initiated at any time of the day. The contractor will be given as much advance notice as possible. The request for guard services shall be limited to the scheduled times as authorized by the COR. The contractor shall complete all preparations required to start work and report to the site immediately upon notification by the COR. The COR shall attempt to provide a minimum of twenty four (24) hours notice.

However, in many situations, the contractor must respond within two (2) hours of notification.

At a minimum, the contractor shall comply with the following standards and procedures:

RFQP04121400010 Page 5 of 38

1. At the onset of duty, each guard is required to check in at the nurses’ station of the assigned hospital and present their identification card.

2. Contract personnel shall not permit visits to prisoners while in their custody, without prior authorization from the FMC.

3. Contract personnel shall not permit telephone calls to be made or received by prisoners, while in their custody, without prior au-thorization from the FMC.

4. Contract personnel shall not allow prisoners to received or send mail, or to receive or send any other correspondence, while in their custody. Packages, mail, and other correspondence coming into the hands of contract personnel shall be delivered to the FMC for dis-position.

5. Contract personnel shall not allow prisoners to receive money or any commodity from anyone other than FMC personnel. Prison-ers released to the custody of the contractor will have necessary writing utensils, personal toiletries, and hygiene articles. No other property or articles should be possessed by the prisoners and should not be accepted by employees of the contractor.

6. Restraining equipment will be placed on all federal prisoners and remain in place at all times, while in the custody of contract per-sonnel. Restraint requirements will be clearly spelled out for each prisoner, and contract personnel shall not ordinarily deviate from these requirements. During a temporary life threatening medical emergency, where the restraints prevent lifesaving procedures or treatments, they may be temporarily removed and the institution notified as soon as possible without jeopardizing the requirement for constant visual observation. The COR will routinely advise contract personnel if restraints may be removed for the prisoner to use the bathroom, bathe, medical examination, etc.

In an emergency, additional restraints may be applied to the inmate. The institution shall be notified as soon as possible after the situ-ation is under control. If the institution orders restraints, but medical facility staff request the removal of such restraints for medical or other reasons, the Captain or Operations Lieutenant must be contacted for direction.

7. Contract personnel shall refrain from the intake of alcoholic beverages for a minimum of eight (8) hours prior to reporting for duty. No alcoholic beverages may be consumed while on duty. No contract guard shall be permitted to supervise a Bureau inmate if there is any detection of alcohol or medication that may impair mental or physical performance.

8. Contract personnel will position themselves in the room or at a place in close proximity of the prisoner maintaining constant visual observation and the ability to respond at all times to any eventuality.

9. Contract personnel shall not represent themselves to be employees of the United States Government and/or specifically the FMC.

10. Contract personnel shall not accept any gratuity or articles of value from a prisoner, any member of the prisoner's family, or any other person connected in any way with the prisoner.

11. Contract personnel are to maintain a guard watch-log, which will consist of the guard's name, hours worked, inmate name and re-gistration number, and anything else relative to the guard shift.

12. Contract personnel are responsible for maintaining good relations between the contractor, the Department of Justice, Federal Bur-eau of Prisons, and the local hospital employees. Any conflict and/or difficulties involving contract personnel and the hospital em-ployees must be reported to the FMC.

13. Contract guards shall notify the institution whenever an inmate's housing location within the medical facility changes (i.e., ICU, CCU, different room). This does not include temporary movement for tests, treatment, therapy, etc.

14. Contract guard personnel shall not leave the inmate's room for any reason (i.e., to smoke, eat, etc.) or order food from food estab-lishments to be delivered to the room.

15. The contractor shall prepare a written report when the guard believes that an inmate has committed a prohibited act. The report shall be forwarded to the institution by the end of the work day.

RFQP04121400010 Page 6 of 38

16. The contractor's personnel may not be permitted to smoke anywhere at any time during the tour of duty.

17. The contractor will ensure all security guards performing services under this contract have initial and annual training on OSHA's standards for Management of Blood borne Pathogens and TB, are respirator fit-tested, and capable of working with inmate patients who require airborne, droplet, contact, or strict isolation. The contractor will also ensure all security guards performing services un-der this contract have been offered Hepatitis B vaccine, offered influenza vaccine each fall, and screened for TB with a 2-step TB skin test or chest x-ray and found to be noncontagious. If a security guard subsequently develops a medical condition which might reason-ably be expected to place other workers, patients, or the public at risk, they will be removed from such activities and replaced by the contractor immediately.

All individuals serving as contract guards will receive a minimum of four hours of training, from the FMC, prior to contact with any federal prisoner and four hours of refresher training annually thereafter should the contract continue. Failure of a contract guard to at-tend this training will result in the removal of the individual from the duty roster until training is obtained.

General Provisions

The contractor may assume under normal circumstances that one (1) guard per prisoner shall be sufficient for the purpose of maintain-ing security. However, due to any unusual circumstances, the COR shall have the authority to determine when and if more than one guard is necessary. The contractor shall comply with this determination. The contractor shall replace any contract personnel who for any reason are not acceptable to the contract monitor. These personnel shall not be further used to guard federal prisoners without the written approval from the FMC Contracting Officer.

The contractor shall provide two guards for IN custody inmates and one guard for OUT custody inmates unless the Warden or design-ee directs otherwise. At no time may two guards be used for the security of more than one inmate. If two inmates are housed in one room, three guards must be present. At no time may one guard be utilized for security of more than one prisoner. To protect the in-mate's privacy, at least one contract guard shall be of the same sex as the inmate, since it may become necessary for contract guards to conduct visual searches of inmates.

The contractor shall provide a staffed office, twenty-four (24) hours a day, seven (7) days a week, or provide a telephone number that the contractor can be reached twenty-four (24) hours a day, seven (7) days a week. Any information provided to the contractor regard-ing individuals being guarded shall be treated as CONFIDENTIAL RECORDS and shall not be divulged to anyone except the con-tract monitor or his/her designee.

The contractor shall provide guards dressed in appropriate uniform attire with name tags and/or clip-on identification cards. Dress code must be consistent and standard for all guards. The guards are to wear uniforms in colors other than white shirts and gray pants.

Guards are to wear a solid colored, dark blazer other than the color navy blue. On rare occasions, the contractor may be required to provide non-uniformed personnel. Then, the contractor must comply with the institution's request for non-uniformed personnel.

Whether in uniform or plain clothes, security personnel must present a neat appearance at all time.

The contractor shall be responsible for orientation and indoctrination of employees to be utilized in providing the service herein de-scribed. This orientation must be sufficient at a minimum to insure all employees comply with the rules and regulations set forth in the Specific Requirements Section of this document.

The contractor shall provide a duty roster for all employees assigned to a specific detail. This roster shall be used for recording the signature of each employee reporting for duty and any/all activities that occur during the employee's tour of duty relative to a specific prisoner. Duty rosters shall be provided to the COR by the contractor upon request and must be maintained for a minimum period of ten (10) years. Watch logs are to be submitted upon completion of the guard detail to the contract monitor.

The contractor shall provide adequate supervisory personnel to secure frequent and random security checks on employees. These se-curity checks should be reflected on the logs maintained by security personnel assigned to the detail. The contractor shall perform the services stated herein with full knowledge that the authorities vested in him/her can only be exercised in furtherance of the objectives of this contract and extended only so far as may be necessary to faithfully fulfill that objective. No master-servant, employer-employ-ee or agency relationship is created by this contract. The contractor understands that services performed pursuant to this agreement does not entitle the contractor to pension, health benefits, injury compensation, or other related federal employee benefits and ser-vices.

RFQP04121400010 Page 7 of 38

In connection with the performance of the work under this contract, the contractor agrees not to employ any person undergoing sen-tence of imprisonment except as provided by Public Law 89-176, September 10, 1965 (18 USC 4982), (C), and Executive Order 11755, December 29, 1973.

Security personnel assigned to guard federal prisoners must have had a minimum of seven (7) hours of off duty time prior to commen-cing a new tour of duty. A continuous tour of duty will not exceed twelve (12) hours duration and at least seven (7) hours off duty time must be provided between tours of duty. Exceptions may be granted by the Chief Executive Officer during emergency situ-ations. The contractor shall provide and maintain a current list of all employees to be utilized in the custody of federal prisoners. This list shall be furnished to the institution and maintained in current status for verification of employment by authorized personnel prior to delivery of a federal prisoner to contractor's employees.

The contractor must provide employees to be used in providing guard service with suitable photo identification cards, which must be displayed to institution personnel before custody of the prisoner is transferred to the contractor's employee, and upon request at any time from Bureau staff during security visits.

The contractor shall agree that no guard will bring with him/her or view pre-recorded video tapes on the television at the duty station.

Additionally, the contractor agrees that no guards will view premium cable channels on the television at the duty station or any other television channels that incur expense.

Federal Medical Center (FMC) inmates are admitted to Mayo Hospitals to receive acute specialty medical care. A television is in the Mayo Hospital rooms for use by the inmate when hospitalized. TV watching serves as a time passing or a diversion patient care activ-ity from procedures and/or discomfort from illness experienced while hospitalized. In addition to the regular television channels, there are religious services, music, patient education and meditation channels available on Mayo televisions.

The FMC inmate will have the opportunity to choose the television channel and view television at his discretion, by adjusting the con-trols on the hospital bed and the remote control. When the FMC inmate wants to sleep and does not want the television on, he has the right to turn off the television. A priority of medical care is to provide rest, healing and comfort.

If a Mayo Nurse or other health care provider requests that the inmate turn down the television volume or turn the television off, the inmate will comply with this direction.

If you have any questions related to the security of the inmate, contact the Operations Lieutenant at 507-424-7 400. If you have a non-emergency patient care issue, please contact Health Service Administration at 507-424-7540.

Use of Force Involving Contract Personnel

All incidents involving the use of force on an inmate by contract guard personnel shall be reported immediately to the Captain or Op-erations Lieutenant. Additionally, each contract guard who was involved in and/or witnessed the incident shall submit a memorandum to include all aspects of the incident:

- any injury to guards, the inmate, or medical personnel

- type of restraint(s) used

- description of the incident

- any other significant information regarding the use of force incident

After the incident is reported to the institution, the institution's Special Investigative Agent (SIA) or Special Investigative Supervisor (SIS) shall conduct a thorough investigation and prepare a written report to the Warden.

At the conclusion of the SIS/SIA investigation, an after-action review team shall review all facts pertaining to the incident. This re-view team shall include the Warden, Associate Warden (Correctional Services), Health Services Administrator, and Captain. Should the review team determine contract guard personnel used excessive force, this will be reported to the Bureau's Office of Internal Af-fairs.

Termination of Contract Supervision Requirements

RFQP04121400010 Page 8 of 38

RFQP04121400010 Page 9 of 38

Upon the inmate's release from the hospital, contract guard supervision of the inmate is no longer needed. The supervising contract guard shall contact the institution Captain or Operations Lieutenant. Institution staff shall be dispatched to take custody of the in-mate.

Upon arrival, Bureau staff shall take custody of the inmate, adhering to the following instructions:

1. Bureau staff shall furnish appropriate official photo identification to contract guard staff prior to assuming custody of the inmate.

2. The inmate shall be thoroughly searched.

3. Appropriate restraints shall be applied to the inmate.

4. The contractor's personnel shall relinquish custody to Bureau staff by completing a Transfer Receipt form BP-283(58). The releas-ing contract guard retains a copy of this receipt.

5. The inmate shall be transported to the institution or other location, in accordance with procedures as outlined in the Program State-ment on Escorted Trips.

Experience Requirements

The contractor shall possess a license issued by the State of Minnesota Board of Private Detective and Protective Agent Services.

Minimum standards for individual contract guards employed by a guard service company are as follows:

- Experience Requirement: One (1) year (2040 hours) of experience which involved guard duty of detainees or prisoners on a regular basis or equivalent experience in maintaining law and order, protecting lives, or other duties of a similar nature.

- Substitution of training/education for experience: Advance post-high school training in courses such as corrections, or police science may be substituted for experience in the ratio of two (2) hours of instruction for one hour of experience. A Bachelor of Science or arts degree in any field meets the experience requirements.

Physical Requirements

All persons used for this contract must meet the following minimum physical requirements:

- Amputations, deformities, or disabilities which prevent satisfactory performance of guard duties are disqualified.

- Applicants must have vision correctable to 20/30 (Snellen) in the better eye and must be able to read typewritten material with or without glasses. The ability to distinguish basic colors is required.

- The ability to hear conversational voice without the use of a hearing device is required.

- The history or presence of a significant psychiatric disorder is disqualifying. The service to be performed requires the use of tact in dealing with prisoners and visitors of prisoners, a keen sense of perception, mental alertness and the ability to resolve crisis situations through verbal communications. Guards may be required to work under trying conditions for long periods of time without relief.

Emotional and mental stability is essential.

Security Clearance

The nature of the contract guard services demands frequent and unsupervised contact between the contractor's employees and the

FMC inmates. Contract guard companies must have completed a thorough pre-employment background investigation on all of its em-ployees and certify that all personnel assigned to guard federal prisoners have satisfactory clearance. The background requirements are located in Section 4.1, Special Contract Conditions. If derogatory information is uncovered (e.g. FBI fingerprint/name check or urinalysis) after the individual has been hired by the contractor, a decision must be made by the FMC Personnel Security Specialist as to: (1) the suitability of the individual, and (2) whether or not to permit him/her to continue performance on the contract. This de-cision should be made in consultation with FMC's Warden and/or Captain. Positive urinalysis tests will result in the disqualification of the contract employee. If it is determined that the employee cannot be allowed further access to performance, the Captain or his de-signee will notify the contractor as soon as possible.

Primary considerations in making this determination are the extent to which the individual's past or present conduct may effect his/her performance as a guard, and/or extent to which such conduct may indicate a significant risk for abusing the BOP's mission. Examples of disqualifying conduct are:

1. Criminal, dishonest, infamous, or notoriously disgraceful conduct;

2. Habitual use of intoxicating beverages to excess;

3. Use and/or distribution of narcotics, drugs, or other controlled substances; and

4. Reasonable doubt of loyalty to the United States Government.

The Warden or their designee will have full and final determination as to who will be permitted to provide guard services under this contract. Employees of the contractor must receive security clearance in accordance with the aforementioned provisions prior to providing any services involving the direct supervision of an inmate. Any exceptions to the above requirements must be approved in writing by the Warden, and a copy of the approval must be maintained by the FMC Personnel Security Specialist.

Firearms

It is the general policy of the BOP that contract guards are not to carry firearms while providing contract services over federal prison-ers. The BOP, the FMC, or the Contracting Officer will not authorize a guard to carry a firearm at any time, nor will firearms be present whether being worn or stored. If the Warden determines weapons are required to supervise inmates housed in outside medical facilities, qualified Bureau staff shall be used.

Prisoner Assignment

The BOP is responsible for assigning each hospitalized prisoner under the Department of Justice, Federal Bureau of Prisons, custody with a security level and determining whether or not to entrust a prisoner to a contract guard. The FMC must consider the medical status of the prisoner, the prisoner's past history, and information from the local police agencies concerning possible threats to the safety and security of the prisoner from outside persons and the security level of the hospital.

System of Records

In accordance with FAR 52.224-1 and 52.224-2, the contractor will occasionally use, disseminate, and/or handle inmate's records that will contain confidential medical and/or criminal history. All medical records will be handled in accordance with the Bureau of Pris-ons' Health Information Management Program Statement (6090.03) medical records policies, as amended. All criminal records will be viewed only by the guard on duty or his/her immediate supervisor and only for duty-related purposes. Information concerning the medical or criminal history of an inmate may only be released by the Executive Assistant of the FMC in accordance with the Privacy Act of 1974.

RFQP04121400010 Page 10 of 38

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions - Commercial Items (Sept 2013)

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

52.253-1 Computer Generated Forms (Jan 1991)

52.242-13 Bankruptcy (July 1995)

52.232-18 Availability Of Funds (Apr 1984)

52.228-5 Insurance - Work on a Government Installation (Jan 1997)

52.224-2 Privacy Act (Apr 1984)

52.224-1 Privacy Act Notification (Apr 1984)

52.212-4 Contract Terms and Conditions - Commercial Items (Sept 2013)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014)

52.204-13 System for Award Management Maintenance (July 2013)

52.203-17 Contractor Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Sep 2013)

52.203-16 Preventing Personal Conflicts of Interest (Dec 2011)

Clauses by Full Text

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 of the effective performance period through the last day of the effective performance 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

RFQP04121400010 Page 11 of 38 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)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than two ses-sions, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the con-tract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of the estimated quantities identified in the Schedule of Supplies/Services within the current performance period; or

(2) Any order for a combination of items in excess of estimated quantities identified in the Schedule of Supplies/Services within the current 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 of one requirement from the Contractor if that requirement exceeds the 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 5 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)

52.216-21 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-

RFQP04121400010 Page 12 of 38 tractor shall not be required to make any deliveries under this contract after the last day of the effective performance 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 prior to the expiration of the current performance 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 prior to the expiration of the current per-formance period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary 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 (5) years.

(End of clause)

52.222-42 Statement of Equivalent Rates for Federal Hires (May 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class

Monetary Wage - Fringe Bene-fits

Guard I $16.09 + Fringe Bene-fits

(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-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)

RFQP04121400010 Page 13 of 38

52.232-40 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small busi-ness subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.

(c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(End of Clause)

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

(a)Todd Miller ,Captain , FMC Rochester, MN,507-287-0674, 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-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; or3. 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]

52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I.1. Long-Term Contractor Personnel:

In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 con-tractor employee whose background investigation (BI) process begins on or after October 27, 2005:a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form I-9, OMB No.

1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued pic-ture ID);

b. Contractor Personnel must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed sometime during the clearance process but prior to badge issuance and must be documented by the DOJ official;

c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position.

Outlined below are the minimum BI requirements for each risk level:

• High Risk - Background Investigation (5 year scope)

RFQP04121400010 Page 14 of 38

• Moderate Risk - Limited Background Investigation (LBI) or Minimum Background Investigation (MBI)

• Low Risk - National Agency Check with Inquiries (NACI) investigation

d. The pre-appointment BI waiver requirements for all position sensitivity levels are a:

1) Favorable review of the security questionnaire form; 2) Favorable fingerprint results; 3) Favorable credit report, if required;3 4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level;

and 5) Favorable review of the National Agency Check (NAC) 4 portion of the applicable BI that is determined by position sensitivity/ risk level.

A badge may be issued following approval of the above waiver requirements.If the NAC is not received within five days of OPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau of Invest-igation Criminal History Check (i.e., fingerprint check results). e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges issued under these procedures will be suspended or revoked.2. Short- Term Contractor Personnel:

It is the policy of the DOJ that short-term contractors having access to DOJ information systems and/or DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items 1a. and 1b. above. The pre-appointment waiver re-quirements for short-term contractors are:

a. Favorable review of the security questionnaire form; b. Favorable fingerprint results; c. Favorable credit report, if required;5 and d.

Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commensur-ate BI does not need to be initiated.

A badge may be issued following approval of the above waiver requirements and the badge…