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Unarmed Guard Services - FCI Waseca Federal contract opportunity
Solicitation number
RFQP04151400007
Issued by
Department of Justice Bureau of Prisons Field Acquisition Office

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Solicitation - FCI Waseca - Unarmed Guard Services

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Re: RFQP04151400007, Unanned Guard Services FCI Waseca

Dear Quoter:

U.S. Department of Justice Federal Bureau of Prisons Field Acquisition Office U.S. Armed Forces Reserve Complex Grand Prairie, Texas 75051

April 30, 2014

Accompanying this cover letter, is a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the acquisition ofUnanned Guard Services for the Federal Correctional Institution (FCI) Waseca located in Waseca, Minnesota. This package contains all the necessary infonnation for submitting a quote for evaluation.

When submitting your quote, the quoter should consider all infonnation provided herein. Please carefully follow all instructions located in the solicitation package concerning content, fonnat, and submission of quotes.

All potential quoters are advised that this solicitation includes FAR 52.212-4 Contract Tenns and Conditions - Commercial Items. This clause requires contractors doing business with the Federal Government to be registered in the System for Award Management (SAM). Quoters need to provide their Data Universal Number System (DUNS) number within their quote, which allows this Contracting Officer to verify registration within the SAM database.

Failure to complete the registration procedures outlined in this clause may result in your removal from consideration for award.

Potential quoters are cautioned against discussing the preparation of their quote (including any technical questions) with other Government personnel. The circumstances of such contact, when verified, may result in non-consideration of the quotation. All communications regarding the solicitation, including all technical issues, must be made in writing to the Contracting Officer. Questions will not be answered by telephone or in person.

All quotations must be received on or before the deadline of May 29, 2014, at 2:00P.M. Central Time. Quotations shall be submitted to (e-mail gsveum@bop. gov or the following address:

Gil Sveum, Contracting Federal Bureau of Prisons Field Acquisition Office U.S. Anned Forces Reserve Complex 346 Marine Forces Drive Grand Prairie, Texas 75051

Please complete required information and return pages 1, 3, 25-33 & Attachment I

Mailed or hand-carried quotes must be delivered to the Contracting Officer or to the contracting office at the address shown above no later than the time specified as the deadline for receipt of quotes . The official point for hand-carried quotes will be the receptionist's area on the first floor of the address listed above. Please do not submit quotes to any location other than the one listed above. Quotes received after the deadline will be processed pursuant to Federal Acquisition Regulation 52.212-1(t).

Should you have any questions, please make these inquires in writing. Questions may be submitted via facsimile at

(972) 352-4545, ore-mailed to gsveum@bop.gov. Any additional questions not addressed herein, please call me at

(972) 352-4537.

Sincerely, ~/4<.--- Gil Sveum, Contracting Federal Bureau of Prisons Field Acquisition Office

RFQP04151400007 Page 1 of..Ja

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER

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

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE DATE

RFQP04151400007 04/30/ 2014

7. FOR SOLICITATION INFORMATION a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE I LOCAL

CALL: TIME

972-352-4537 051J1!2014 11/00:00

9. 1SSUED BY CODE I BFAO 10. THE ACQUISITION IS D UNRESTRICTED OR 0 SET ASIDE:J00.00 % FOR

Federal Bureau of Prisons 0 SMALL BUSINESS D WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-QWNEO

Field Acquisition Office D HUBZONE SMALL

SMALL BUSINESS PROGRAM

NAICS: 561612

BUSINESS EDWOSB U .S. Armed Forces Reserve Complex D

346 Marine Forces D rive D SERVICE-DISABLED SIZE STANDARD: $19,000,000 VETERAN-OWNED D Grand Prairie, TX 75051 SMALL BUSINESS B(A)

11 . DELIVERY FOR FOB DESTINATION 12. DISCOUNT TERMS 13b. RATING

UNLESS BLOCK IS MARKED

13a. THIS CONTRACT IS A

D RATED ORDER UNDER DPAS

O SEE (15CFR 700) 14. METHOD OF SOLICITATION

SCHEDULE [8] RFQ D IFB D RFP

15. DELIVER TO CODE BWAS 16. ADMINISTERED BY CODE BWAS

Federal Bureau of Prisons Federal B ureau of Prisons

FCI Waseca FCI Waseca

1000 University Dr SW 1000 U n iversity Dr SW

Waseca, MN 56093 Waseca, MN 56093

17a. CONTRACTOR/ CODE I I FACILITY I 18a. PAYMENT WILL BE MADE BY CODE I BWAS

OFFEROR CODE

Federal Bureau of Prisons

FCI Waseca

P O B OX 1731

Attn : Accounting

Waseca, MN 56093

TELEPHONE NO.

D 17b. CHECK IF REMITIANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICED ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

HECKED SEE ADDENDUM

~ 19. 20. " 21 . 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

To provide Unarmed Guard Services at local medical facilities in the FCI Waseca area per the Request for

Quotation.

See Continuation Sheet(s)

( U.~ R">er,,~ ancVur At1och Addirionul She~tl.f a.' Nec:e.uary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

~ 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE A IT ACHED. ADDENDA ~ ARE 8 ARE NOT A IT ACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. 52.212-51S ATTACHED. ADDENDA ARE ARE NOT A IT ACHED

D 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

D 29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5)

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, TERMS AND CONDITIONS SPECIFIED. 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 PRIN1)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRIN1) 31c. DATE SIGNED

Gil Sveum

STANDARD FORM 1449 (REV. 0212012)

Prescrbed by GSA - FAR (48 CFR) 53.21 2

I

Table of Contents Section Description Page Number

Solicitation/Contract Form 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

Schedule of Supplies/Pricing Schedule 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 201 Pricing Methodology 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 202 Statement of Work 0 0 0 0 0 0 0 0 0 o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0. 0 0 0 0 0 0 0 0 0 0 0 0 0

Contract Clauses 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 520216-18 Ordering (Oct 1995) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 520216-19 Ordering Limitations (Oct 1995) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 • 0 0 0 520216-21 Requirements (Oct 1995) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 520217-8 Option to Extend Services (Nov 1999) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 520217-9 Option to Extend the Term of the Contract (Mar 2000) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 520232-40 Providing Accelerated Payment to Small Business Subcontractors (Dec 20 13) 0 0 0 0 0 0 0 0 0 0 52 02 1-603-70 Contracting Officer's Representative (Jun 20 12) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 52 027-103-72 DOJ Contractor Residency Requirement Bureau of Prisons (Jun 2004) 0 0 0 0 0 0 0 0 0 0 0 0 0 52024201502 Evaluation of Contractor Performance Utilizing CPARS (Apr 2011) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5202 12-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items (Jan 2014) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

List of Attachments 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 401 Special Contract Conditions 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0

Solicitation Provisions 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 501 Addendum to FAR 520212-1, Instructions to Offerors-Commercialltems (Jul2013) 0 0 0 0 0 0 0 0 0 0 520233-2 Service of Protest (Sep 2006) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 28520233-70 Protests Filed Directly with the Department of Justice (Jan 1998) 0 0 0 0 0 0 0 0 0 ° 0 0 0 0 0 0 0 0 52027-103-71 Faith-Based and Community-Based Organizations (Aug 2005) 0 o 0 0 0 0 0 0 0 0 0 ° 0 0 0 0 0 0 0 520212-3 Offeror Representations and Certifications - Commercial Items (Nov 20 13) 0 0 0 0 0 0 0 0 0 0 0 0 0

II

II

II

II

Section 2- Commodity or Service Schedule- Unarmed Guard Services (Female Offenders) -FCI Waseca- RFQP04151400007 Schedule of Supplies/Services/Pricing Schedule Continuation Sheet

-BASE YEAR: EFFECTIVE DATE OF AWARD (EDOA) THROUGH 12 MONTHS FROM EDOA)

6300 (Est.) Unarmed Guard Sessions X$ ____ per session= Total (est.) Base Year$ _________ _

-OPTION YEAR 1: (13 MONTHS THROUGH 24 MONTHS FROM EFFECTIVE DATE OF A WARD)

6300 (Est.) Unarmed Guard Sessions X$ ____ per session= Total (est.) Option Year One$ _________ _

-OPTION YEAR 2: (25 MONTHS THROUGH 36 MONTHS FROM EFFECTIVE DATE OF A WARD)

6300 (Est.) Unarmed Guard Sessions X$ ____ per session= Total (est.) Option Year Two$ ________ _

-OPTION YEAR 3: (37 MONTHS THROUGH 48 MONTHS FROM EFFECTIVE DATE OF A WARD)

6300 (Est.) Unarmed Guard Sessions X$ ____ per session= Total (est.) Option Year Three$ _________ _

-OPTION YEAR 4: (49 MONTHS THROUGH 60 MONTHS FROM EFFECTIVE DATE OF A WARD)

6300 (Est.) Unarmed Guard Sessions X$ ____ per session= Total (est.) Option Year Four$ _________ _

TOTAL (est.) FOR BASE YEAR PLUS 4 OPTION YEARS: $~--------

2.1 Pricing Methodology

Services are required to be provided in accordance with the Statement of Work (SOW). Quoters are required to submit, as part of their quote, a completed copy of the Schedule ofltems/Pricing Schedule. Any service that is not quoted should include the wording "N/A".

The contract rate for these services shall be on a per session basis. The contract rate shall include all charges for providing the services of Unarmed Guard Services to FCI Waseca. Contract pricing shall include all charges to the Government for performing the services required by this solicitation/contract (e.g. bonding, overhead, profit, supervision, minimum wages and fringe benefits specified in the attached Department of Labor Wage Determination, etc.).

The quantity of services to be provided by the Contractor is estimated above in Section 2. These estimates are not a representation to a quoter or contractor that the estimated quantities will be required or ordered, or that conditions affecting requirements will remain stable or normal. Contract pricing shall be based on a price for each inspection. Contract pricing shall include all charges to the Government for performing the services required by this solicitation/contract. Because services are subject to the Service Contract Act, the Department of Labor has issued a wage determination for this requirement. See Attachment. The wage determination is applicable to occupation codes 2710 l, Guard I. Quoters are required to submit a completed copy of Section 2 located above, inclusive of the base year and all option periods. Pursuant to FAR 17.203(b), the Government's evaluation shall be inclusive of options. Pursuant to FAR 17 .203( d), the quoters may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

Non-displacement 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 contract.

STATEMENT OF WORK

Unarmed Guard Services (Female Offenders)

A.l.l General Information:

The Federal Bureau of Prisons (BOP), Field Acquisition Office, Grand Prairie, Texas intends to make a single award of an indefinite delivery/requirements type contract with firm fixed prices to a responsible contractor for the provision of Unarmed Guard Services for female offenders held in the custody of the Federal Correctional Institution (FCI) Waseca, located in Waseca, Minnesota, requiring confmement in a hospital/clinic for medical treatment . These services shall be requested on an "as-needed-basis", by FCI Waseca. The General Information regarding the Federal Bureau of Prisons (BOP), its facilities, and referenced Program Statements can be located at www.bop.gov.

A.1.2 Scope of Work The contractor, upon verbal request from the FCI Chief Correctional Supervisor, or designee, who will serve as the Contracting Officer'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 FCI.

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 confmes of a holding facility (cell) or restrained through the use ofrestraining devices.

The contractor is responsible 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.

The contractor shall accept all federal prisoners offered for custody by the contract monitor for the FCI. The FCI 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 ami 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 TEN PRISONERS CONFINED IN VARIOUS HOSPITALS AT ONE TIME; HOWEVER, THE CONTRACTOR WILL NOT BE REQUIRED TO FURNISH IN EXCESS OF SIX GUARDS PER EIGHT HOUR SHIFT. The contractor shall honor any verbal order exceeding six guards unless the FCI 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.

The contractor shall abide by all applicable federal, state, and local laws and regulations.

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

A.1.3 Place of Performance The place of performance will be at local hospitals/medical facilities, located in Rochester, Owatonna, Mankato, or Waseca, Minnesota area.

A.1.4 Specific Requirements The contractor shall be notified by the contract monitor 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 FCI. 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 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. The contractor will be given as much advance notice as possible. The request for guard services shall be limited to the s~he_duled t_imes as authori_zed ~y the COR. The contractor shall complete all preparations required to start work and report to the s1te 1mmedmtely upon not1ficat10n by the COR. The COR shall attempt to provide a minimum of24 hours notice. However in many situations, the contractor must respond within two hours of notification. Contract guards who have signed into the log:book and are relieved of duty by FCI Staff will be paid for two hours of duty.

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

I . 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 FCI.

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

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 FCI for disposition.

5. Contract personnel shall not allow prisoners to receive money or any commodity from anyone other than FCI personnel.

Prisoners 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 personnel. 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 contract monitor 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 situation 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 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 tit ere is any detection of alcohol or medication which may impair mental or physical performance.

8. Contract personnel will position themselves in the room, or at a place in close proximity to 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 FCI.

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

I I. Contract personnel are to maintain a guard watch-log, which will consist of the guard's name, hours worked, inmate name and registration 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 Bureau of Prisons, and the local hospital employees. Any conflict and/or difficulties involving contract personnel and the hospital employees must be reported to the FCI.

13. Contract guards shall notify the institution whenever an inmate's housing location within the medica/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 establishments to be delivered to the room

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

16. The contractor's personnel may not be permitted to smoke anywhere, at any time, during tlte 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 Bloodborne 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 under 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 reasonably be expected to place otlter workers, patients, or the public at risk, they will be removed from such activities and replaced by tlte contractor immediately.

All individuals serving as contract guards will receive a minimum of four hours of training, from the Federal Bureau of Prisons, 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 attend this training will result in the removal of the individual from the duty roster until training is obtained.

A.l.S General Provisions The contractor may assume, under normal circumstances, two guards per prisoner shall be sufficient for the purpose of maintaining security. The contractor shall replace any contract personnel who, for any reason, are not acceptable to the Contracting Officer's Representative (COR). These personnel shall not be further used to guard federal prisoners without the written approval from the FCI Contracting Officer.

The contractor shall provide two guards for IN custody inmates and one guard for OUT custody inmates unless the Warden or designee 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 inmate'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, 24 hours a day, seven days a week, or provide a telephone number at which the contractor may be reached 24 hours a day, seven days a week. Any information provided to the contractor regarding individuals being guarded shall be treated as CONFIDENTIAL RECORDS - Sensitive I FOIA EXEMPT and shall not be divulged to anyone except the COR 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 blue or white shirts, and navy blue pants. Guards are to wear a solid colored, dark blazer other than 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 described. This orientation must be sufficient, at a minimum, to insure all employees comply with the rules and regulations set forth in Section A.1.4 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 which 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 10 years. Watch logs are to be submitted upon completion of the guard detail to the COR.

The contractor shall provide adequate supervisory personnel to secure frequent and random security checks on employees. These security 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 employer-employee or agency relationship is created by this contract. The contractor understands services performed pursuant to this agreement does not entitle the contractor to pension, health benefits, injury compensation, or other related federal employee benefits and services.

In connection with the performance of the work under this contract, the contractor agrees not to employ any person undergoing sentence of imprisonment except as provided by Public Law 89-176, September 10, 1965 (18 USC 4982), (C), and Executive Order 11755, December29, 1973.

Security personnel assigned to guard federal prisoners must have had a minimum of seven hours of off duty time prior to commencing a new tour of duty. A continuous tour of duty will not exceed 12 hours duration and at least seven hours off duty time must be provided between tours of duty. Exceptions may be granted by the Chief Executive Officer during emergency situations. The contractor shall provide and maintain a current list of all employees to be utilized in the custody offederal 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 no guard will bring with him/her or view pre-recorded video tapes on the television at the duty station.

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

A.1.6 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 Operations 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 SJS/SIA investigation, an after-action review team shall review all facts pertaining to the incident. This review team shall include the Warden, Associate Warden, 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 Affairs.

A.l. 7 Termination of Contract Supervision Requirements 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 inmate.

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

I. 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 releasing 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 Statement on Escorted Trips.

A.1.8 Eligibility/Experience Requirements Contractor must provide proof of Minnesota State License for Guard Services from the Minnesota Private Detective and Protective Agent Services Board. The contractor must be a qualified, licensed Guard Service in the state of Minnesota (License must be provided prior to award and maintained throughout the length of the contract).

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

- Experience Requirement: One 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: Advanced post-high school training in courses such as corrections or police science may be substituted for experience in the ratio of two hours of instruction for one hour of experience. A Bachelor of Science or Arts degree in any field meets the experience requirements.

A.1.9 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 oftact 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.

A.l.IO Security Clearance The nature of the contract guard services demands frequent and unsupervised contact between the contractor's employees and the FCI inmates. Contract guard companies must have completed a thorough pre-employment background investigation of all of its employees and certify all personnel assigned to guard federal prisoners have satisfactory clearance. The background requirements are located in Section A.l4. If derogatory information is uncovered (e.g. FBI fmgerprint/name check or urinalysis) after the individual has been hired by the contractor, a decision must be made by the FCI 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 decision should be made in consultation with FCI's Warden and/or Captain. A positive urinalysis test will result in the disqualification of the contract employee. If it is determined the employee cannot be allowed further access to performance, the Captain, or his designee, 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 affect 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:

I . 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 FCI Personnel Security Specialist.

A.l.ll Firearms It is the general policy of the BOP that contract guards are not to carry firearms while providing contract services over federal prisoners. The BOP, the FCI, 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 medica/facilities, qualified Bureau staffs/tall be used.

A.1.12 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 FCI must consider the medical status of the prisoner, the prisoner's past history, 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.

A.l.13 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 which will contain confidential medical and/or criminal history. All medical records will be handled in accordance with the Bureau of Prisons' Health Services Manual (6000.3) 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 FCI in accordance with the Privacy Act of 1974.

A.1.14Contractor Restrictions The contractor will not: Supervise BOP Staff, participate in inmate accountability, formulate policies or procedures, attend recalls or staff functions, or be a member of the Employees' Club.

Al.lS Payment Terms Contractor must provide a means for electronic payment to include bank routing and account number. Payment terms as specified in FAR 52.212-4(g) apply. The contractor shall provide a monthly invoice to the FCI Waseca Accounting Department which accurately reflects days worked, number of sessions, and the total amount due for the previous month's services. The due date for making an invoice payment by the designated payment office shall be the 30th day after the designated billing office has received a proper invoice, or the government has accepted the services performed by the contractor. The contractor can, however, offer discount payment terms for prompt payments as specified in block 12 on the SF-1449 form ofthis solicitation. Half sessions will not be authorized for payment.

By submission of a quote/bid/proposal, the contractor agrees to all the above requirements.

Section 3- Contract Clauses

ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions- Commercial Items (Jul2013)

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.

Cl B R fi auses sy e erence

H52.252-2 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 .§!CQuistion.gov/far

Clause Title

52.203-16 Preventing Personal Conflicts of Interest (Dec 20 II)

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

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

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

52.204-13 System for Award Management Maintenance (Jul2013)

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

52.224-1 Privacy Act Notification (Apr 1984)

52.224-2 Privacy Act (Apr 1984)

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

52.232-18 Availability ofFunds (Apr 1984)

52.242-13 Bankruptcy (Jul 1995)

52.253-1 Computer Generated Forms (Jan 1991)

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 current performance period through the last day of the current 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 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 one unit, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-- (!) Any order for a single item in excess of the estimated quantities identified in the Schedule ofltems within the current performance period;

(2) Any order for a combination of items in excess of the estimated quantities identified in the Schedule ofltems 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 subparagraph (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 Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) ofthis section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (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 contract.

(e) Ifthe Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under 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 Contractor 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 Contractor 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 ofLabor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor prior to 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 expiration of the current performance 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 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 ~_p_,S,(,~,?.?.4.1 or _?.~?.;?_ .

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits

GS-07 $18.77 +fringes

(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 exercised. The Government's obligation for performance of this contract beyond that date 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 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 confmned in writing by the Contracting Officer.

(End of Clause)

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

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

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

(c) Include the substance ofthis clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

(End of Clause)

2852.223-70 Unsafe Conditions Due to the Presence ofHazardous Material (June 1996)

(a) "Unsafe condition" as used in this clause means the actual or potential exposure of contractor or Government employees to a hazardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other material or working condition designated by the Contracting Officer's Technical Representative (COTR) as potentially hazardous and requiring safety controls.

(b) The Occupational Safety and Health Administration (OSHA) is responsible for issuing and administering regulations that require contractors to apprise its employees of all hazards to which they may be exposed in the course of their employment; proper conditions and precautions for safe use and exposure; and related symptoms and emergency treatment in the event of exposure.

(c) Prior to commencement of work, contractors are required to inspect for and report to the contracting officer or designee the presence of, or suspected presence of, any unsafe condition including asbestos or other hazardous materials or working conditions in areas in which they will be working.

(d) If during the performance of the work under this contract, the contractor or any of its employees, or subcontractor employees, discovers the existence of an unsafe condition, the contractor shall immediately notify the contracting officer, or designee, (with written notice provided not later than three (3) working days thereafter) of the existence of an unsafe condition. Such notice shall include the contractor's recommendations for the protection and the safety of Government, contractor and subcontractor personnel and property that may be exposed to the unsafe condition.

(e) When the Government receives notice of an unsafe condition from the contractor, the parties will agree on a course of action to mitigate the effects of that condition and, if necessary, the contract will be amended. Failure to agree on a course of action will constitute a dispute under the Disputes clause of this contract.

(f) Nothing contained in this clause shall relieve the contractor or subcontractors from complying with applicable Federal, State, and local laws, codes, ordinances and regulations (including the obtaining of licenses and permits) in connection with hazardous material including but not limited to the use, disturbance, or disposal of such material.

(End of Clause)

52 .21-603-70 Contracting Officer's Representative (COR) (June 20 12)

William Hess Jr. , Captain, 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…

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