2_-_SF-1449.PDF

RFQ-TDAT-010-14 Page 1 of 29

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

4. ORDER NUMBER 5. SOLICITATION NUMBER

RFQ-TDAT-010-14

6. SOLICITATION ISSUE

DATE

10/21/2013

7. FOR SOLICITATION

INFORMATION CALL:

a NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

TIME

11/20/2013 16:00:00

9. ISSUED BY CODE BCO 1 0. THE ACQUISITION IS q UNRESTRICTED OR x SET ASIDE:100.00 % FOR

N SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAMHUBZONE SMALL NAILS' 621420

VETERAN-OWNED

SMALL BUSINESS J 8(A)

Federal Bureau of Prisons Central Office

320 FIRST STREET NW

WASHINGTON, DC 20534

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

SEE

SCHEDULE

12. DISCOUNT TERMS

NET 30

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

138. RATING

14. METHOD OF SOLICITATION

\ RFQ IFB REP

15. DELIVER TO CODE I BNCR 16. ADMINISTERED BY CODE BNEO

Federal Bureau of Prisons 2240 Hubbard Rd Youngstown, OH 44505

Federal Bureau of Prisons North Central Regional Office

400 STATE AVENUE

SUITE 800

KANSAS CITY, KS 66101

17a. CONTRACTOR/ CODE I

OFFEROR

FACILITY

CODE

I PAYMENT WILL BE MADE BY CODE I BNCR

Federal Bureau of Prisons North Central Regional Office

400 STATE AVENUE

SUITE 800

KANSAS CITY, KS 66101

TELEPHONE NO.

q 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED q SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

0001 Delivery Date: 01/01/2014

Intake Assessment (201 1)

BASE YEAR

See Continuation Sheet(s)

45 000000 EA S S

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

ARE

ARE

q q

ARE NOT ATTACHED

ARE NOT ATTACHED

YOUR OFFER ON SOLICITATION (BLOCK 5) NCLUDING ANY ADDITIONS OR

CHANGES WHICH ARE SET FORTH HEREIN IS ACCEPTED AS TO ITEMS: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

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)

Stephen Deffenbaugh

31c. DATE SIGNED

10/17/2013

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV. 02/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

RFQ-TDAT-010-14 Page 2 of 29

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED q INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

7 PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

RFQ-TDAT-010-14 Page 3 of 29

Table of Contents

Section Description Pne N umber

2852.201-70 Contracting Officer's Technical Representative (COTR) (JAN 1985) 15

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

2004) 15

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS(DEVIATION) (AUG 2012) 19

52.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR

RFQ-TDAT-010-14 Page 4 of 29

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Line Period of Performance: 01/01/2014 - 12/31/2014

0002 Individual Counseling (2010) 2,160.000000 SS $ $

BASE YEAR

Line Period of Performance: 01/01/2014 - 12/31/2014

0003 Group Counseling (2020) 3,240.000000 SS $ $

BASE YEAR

Line Period of Performance: 01/01/2014 - 12/31/2014

0004 Family Counseling (2030) 40.000000 SS $ $

BASE YEAR

Line Period of Performance: 01/01/2014 - 12/31/2014

0005 Individual Transportation (1202) 5,280.000000 EA $ $

BASE YEAR

Line Period of Performance: 01/01/2014 - 12/31/2014

0006 Intake/Assessment & Report (5011) 10.000000 EA $ $

BASE YEAR

Line Period of Performance: 01/01/2014 - 12/31/2014

0007 Mental Health Individual Units (6010) 480.000000 SS $ $

BASE YEAR

Line Period of Performance: 01/01/2014 - 12/31/2014

0008 Mental Health Group Units (6020) 720.000000 SS $ $

BASE YEAR

Line Period of Performance: 01/01/2014 - 12/31/2014

0009 Medication Monitoring (6051) 10.000000 EA $ $

BASE YEAR

Line Period of Performance: 01/01/2014 - 12/31/2014

0010 Psychological Evaluation & Report (5010) 10.000000 EA $ $

BASE YEAR

Line Period of Performance: 01/01/2014 - 12/31/2014

0011 Psychiatric Evaluation & Report (5030) 5.000000 EA $ $

BASE YEAR

Line Period of Performance: 01/01/2014 - 12/31/2014

0012 Psychological Testing & Report (5020) 5.000000 EA $ $

BASE YEAR

Line Period of Performance: 01/01/2014 - 12/31/2014

0013 Intake Assessment (2011) 50.000000 EA S $

OPTION YEAR ONE

Line Period of Performance: 01/01/2015 - 12/31/2015

0014 Individual Counseling (2010) 2,400.000000 SS $ $

OPTION YEAR ONE

Line Period of Performance: 01/01/2015 - 12/31/2015

0015 Group Counseling (2020) 3,600.000000 SS $ $

OPTION YEAR ONE

Line Period of Performance: 01/01/2015 - 12/31/2015

0026 I

Page 5 of 29RFQ-TDAT-010-14

Family Counseling(2030) 40.000000 SS $

OPTION YEAR ONE

Line Period of Performance: 01/01/2015 - 12/31/2015

Individual Transportation (1202) 5,856.000000 EA $

OPTION YEAR ONE

Line Period of Performance: 01/01/2015 - 12/31/2015

Intake/Assessment & Report (5011) 11.000000 EA $

OPTION YEAR ONE

Line Period of Performance: 01/01/2015 - 12/31/2015

Mental Health Individual Units (6010) 528.000000 SS $

OPTION YEAR ONE

Line Period of Performance: 01/01/2015 - 12/31/2015

Mental Health Group Units (6020) 792.000000 SS $

OPTION YEAR ONE

Line Period of Performance: 01/01/2015 - 12/31/2015

Medication Monitoring (6051) 10.000000 EA $

OPTION YEAR ONE

Line Period of Performance: 01/01/2015 - 12/31/2015

Psychological Evaluation & Report (5010) 10.000000 EA $ $OPTION YEAR ONE

Line Period of Performance: 01/01/2015 - 12/31/2015

Psychiatric Evaluation & Report (5030) 5.000000 EA $

OPTION YEAR ONE

Line Period of Performance: 01/01/2015 - 12/31/2015

OPTION

Psychological Testin

YEAR ONE

& Report (5020) 5.000000 EA $

Line Period of Performance: 01/01/2015 - 12/31/2015

Intake Assessment (2011) 55.000000 EA $

OPTION YEAR TWO

Line Period of Performance: 01/01/2016 - 12/31/2016

Individual Counseling (2010) 2,640.000000 SS $

OPTION YEAR TWO

Line Period of Performance: 01/01/2016 - 12/31/2016

Group Counseling (2020) 3,960.000000 SS $

OPTION YEAR TWO

Line Period of Performance: 01/01/2016 - 12/31/2016

Family Counseling (2030) 48.000000 SS $

OPTION YEAR TWO

Line Period of Performance: 01/01/2016 - 12/31/2016

Individual Transportation (1202) 6,432.000000 EA $

OPTION YEAR TWO

Line Period of Performance: 01/01/2016 - 12/31/2016

Intake/Assessment & Report (5011) 12.000000 EA $

OPTION YEAR TWO

Line Period of Performance: 01/01/2016 - 12/31/2016

Mental Health Individual Units (6010) 576.000000 SS $

OPTION YEAR TWO

Line Period of Performance: 01/01/2016 - 12/31/2016

RFQ-TDAT-010-14

0032 Mental Health Group Units (6020) 864 000000 SS $

OPTION YEAR TWO

Line Period of Performance: 01/01/2016 - 12/31/2016

0033 Medication Monitoring (6051) 11 000000 EA $

OPTION YEAR TWO

Line Period of Performance: 01/01/2016 - 12/31/2016

0034 Psychological Evaluation & Report (5010) 11 000000 EA $ $

OPTION YEAR TWO

Line Period of Performance: 01/01/2016 - 12/31/2016

0035 Psychiatric Evaluation & Report (5030) 5.000000 EA $

OPTION YEAR TWO

Line Period of Performance: 01/01/2016 - 12/31/2016

0036 Psychological Testing & Report (5020) 5.000000 EA $

OPTION YEAR TWO

Line Period of Performance: 01/01/2016 - 12/31/2016

0037 Intake Assessment (2011) 61.000000 EA $

OPTION YEAR THREE

Line Period of Performance: 01/01/2017 - 12/31/2017

0038 Individual Counseling(2010) 2,928.000000 SS $

OPTION YEAR THREE

Line Period of Performance: 01/01/2017 - 12/31/2017

0039 Group Counseling (2020) 4,392.000000 SS $

OPTION YEAR THREE

Line Period of Performance: 01/01/2017 - 12/31/2017

0040 Family Counseling (2030) 48.000000 SS $

OPTION YEAR THREE

Line Period of Performance: 01/01/2017 - 12/31/2017

0041 Individual Transportation (1202) 7,104.000000 EA $ $

OPTION YEAR THREE

Line Period of Performance: 01/01/2017 - 12/31/2017

0042 Intake/Assessment & Report (5011) 13.000000 EA $

OPTION YEAR THREE

Line Period of Performance: 01/01/2017 - 12/31/2017

0043 Mental Health Individual Units (6010) 624.000000 SS $

OPTION YEAR THREE

Line Period of Performance: 01/01/2017 - 12/31/2017

0044 Mental Health Group Units (6020) 936.000000 SS $

OPTION YEAR THREE

Line Period of Performance: 01/01/2017 - 12/31/2017

0045 Medication Monitoring(6051) 11.000000 EA $ $

OPTION YEAR THREE

Line Period of Performance: 01/01/2017 - 12/31/2017

0046 Psychological Evaluation & Report (5010) 11.000000 EA $

OPTION YEAR THREE

Line Period of Performance: 01/01/2017 - 12/31/2017

0047 Psychiatric Evaluation & Report (5030) 5.000000 EA $

OPTION YEAR THREE

Line Period of Performance: 01/01/2017 - 12/31/2017

RFQ-TDAT-010-14

0048 Psychological Testing & Report (5020) 5.000000 EA $

OPTION YEAR THREE

Line Period of Performance: 01/01/2017 - 12/31/2017

0049 Intake Assessment (2011) 67.000000 EA $

OPTION YEAR FOUR

Line Period of Performance: 01/01/2018 - 12/31/2018

0050 Individual Counselinc (2010) 3,216.000000 SS

OPTION YEAR FO

Line Period of Performance: 01/01/2018 - 12/31/2018

0051 Group Counseling (2020) 4.824.000000 SS $

OPTION YEAR FOUR

Line Period of Performance: 01/01/2018 - 12/31/2018

0052 Family Counseling (2030) 56.000000 SS $

OPTION YEAR FOUR

Line Period of Performance: 01/01/2018 - 12/31/2018

0053 Individual Transportation (1202) 7,776.000000 EA $

OPTION YEAR FOUR

Line Period of Performance: 01/01/2018 - 12/31/2018

0054 Intake/Assessment & Report (5011) 14.000000 EA $

OPTION YEAR FOUR

Line Period of Performance: 01/01/2018 - 12/31/2018

0055 Mental Health Individual Units (6010) 672.000000 SS $

OPTION YEAR FOUR

Line Period of Performance: 01/01/2018 - 12/31/2018

0056 Mental Health Group Units (6020) 1,008.000000 SS $

OPTION YEAR FOUR

Line Period of Performance: 01/01/2018 - 12/31/2018

0057 Medication Monitoring (6051) 11.000000 EA $

OPTION YEAR FOUR

Line Period of Performance: 01/01/2018 - 12/31/2018

0058 Psychological Evaluation & Report (5010) 11.000000 EA $

OPTION YEAR FOUR

Line Period of Performance: 01/01/2018 - 12/31/2018

0059 Psychiatric Evaluation & Report (5030) 6.000000 EA $

OPTION YEAR FOUR

Line Period of Performance: 01/01/2018 - 12/31/2018

0060 Psychological Testing & Report (5020) 6.000000 EA $

OPTION YEAR FOUR

Line Period of Performance: 01/01/2018 - 12/31/2018

2.1 CONTINUATION OF SF-1449, BLOCK 20

SCHEDULE OF SUPPLIES/SERVICES

RFQ-TDAT-010-14 Page 8 of 29

The contractor shall be capable of providing outpatient substance abuse and mental health services to offenders confined in community-based programs. The location where services arc to be provided should be within 8 miles of the United States Postal Service located at 4259 West Florida Avenue Denver, Colorado 80219.

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

The performance period for the resulting contract will be a one-year base period (to begin upon the effective date of contract award) and four one-year option periods. The anticipated total contract period is five years.

The anticipated performance start date is January I, 2014.

Transitional Drug Abuse Treatment

Decisional Rule Criteria Lowest Cost Technical Acceptable:

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

The quoter's proposed facility and/or place of performance is within the geographic restrictions. The quoter shall submit how this was determined (e.g. MapQuest, Google, etc.).

The quoter has proof that the agency is licensed and certified to provide drug abuse and mental health treat-ment in the Colorado. The quoter must submit a copy of the current agency license and/or certification as re-quired by the state.

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

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

The quoter has the name(s) and current license(s) of a Medical Doctor (MD) or Doctor of Osteopathic (DO) to conduct psychiatric evaluations and reports. If done by someone other than the MD or DO, the quoter must have a qualified practitioner (i.e. Physician Assistant, Advanced Practice Registered Nurse Practitioner/Special-ist) with prescriptive authority who meets the standards of practice established by the state's professional regu-latory board to provide medication monitoring. The quoter must submit a copy of the individual(s) current li-cense from the licensing board of the State.

The quoter has included the name(s), position, education, experience, and license(s) of those individuals that will provide direct services and the names of all individuals with access to offender records including billing.

The quoter must submit a list of name(s) and identif y position(s) of each staff proposed to work on the contract and a resume detailing the experience of each staff providing direct services. The resume must include special-ized experience and years of experience.

8. The quoter has an individual on staff or has an agreement with a qualified clinical supervisor to provide clin-ical supervision for all staff providing direct services. The individual must be licensed in the Colorado. The

RFQ-TDAT-010-14 Page 9 of 29 quoter must submit a copy of the individual 's current license from the licensing board.

If the quoter is a primary contractor subcontracting services, the primary contractor must be licensed in Col-orado. The quoter must submit a copy of the primary contractor's current license in the State in which per-formance occurs.

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

Delivery or Performance-Period Requirements. When working with annual requirements such as a pur-chase order, the Request for Contract Action (RCA) shall include the anticipated dates services are to begin and end. When working with a multi-year contract, include within the RCA the date services should begin and es-timate when services will end. For replacement contracts (an existing contract is expiring and the need for ser-vices continues to exist) the beginning date must not be on or earlier than the expiration date of the current con-tract.

Trade-Offs. This solicitation action will be processed as a go/no-go requirement, with award made to the lowest responsive and responsible quoter.

Risks. Risks to the Government are reduced to the most practicable extent by awarding firm-fixed unit price requirement type contracts whenever possible. If circumstances exist which do not permit the use of a re-quirements type contract, an indefinite quantity type contract will be used. These contracts provide for filling all actual purchase requirements for community-based drug abuse treatment and mental health treatment during a specified contract period at a price that is not subject to any adjustment on the basis of the contractor's cost experience in performing the contract. This contract type places upon the contractor maximum risk and full re-sponsibility for all costs and resulting profit or loss. It provides maximum incentive for the contractor to control costs and perform effectively and imposes a minimum administrative burden upon the contracting parties.

Acquisitions Streamlining. This subpart does not apply to the procurement described by this class ac-quisition plan.

PRICING

Prices quoted to the Government shall be as low as or lower than those charges to the supplier's most favored customer for comparable quantities under similar terms and conditions, in addition to any discounts offered for prompt payment.

DELIVERIES

In accordance with Federal Acquisition Regulation (FAR) 16.505, and the clause located in FAR 52.216-18, services to be furnished under this contract shall be ordered by issuance of task orders by a warranted Contract-ing Officer in the Transitional Drug Abuse Treatment Contracting Office.

BILLING INFORMATION

The Government will make payment on a monthly basis via Electronic Fund Transfer. Invoices with the con-tract number should be submitted on a monthly basis in duplicate to the Regional TDAT Coordinator indicated in Item 15 of the SF-1449.

RFQ-TDAT-010-14 Page 10 of 29

RFQ-TDAT-010-14 Page 11 of 29

Section 3 - Contract Clauses

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

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

Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this con-tract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Gov-ernment may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exer-cise its post-acceptance rights --

(I) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Govemmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relatin g, to this con-tract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by refer-ence. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(0 Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reason-able control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

( I ) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --

Name and address of the Contractor;

Invoice date and number;

Contract number, contract line item number and, if applicable, the order number;

Description, quantity, unit of measure, unit price and extended price of the items delivered;

Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

Terms of any discount for prompt payment offered;

Name and address of official to whom payment is to be sent;

Name, title, and phone number of person to notify in event of defective invoice; and

Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this con-tract.

Electronic funds transfer (EFT) banking information.

The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-- System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

RFQ-TDAT-010-14 Page 12 of 29

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, includ-ing costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

Payment.

Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the

Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

Affected contract number and delivery order number, if applicable;

Affected contract line item or subline item, if applicable; and

Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the de-mand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

The date fixed under this contract.

The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

The date on which the designated office receives payment from the Contractor;

The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisi-tion Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

RFQ-TDAT-010-14 Page 13 of 29

(I) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immedi-ately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reason-able charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have res-ulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost prin-ciples for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon ac-ceptance, regardless of when or where the Government takes physical possession.

Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particu-lar purpose described in this contract.

Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regu-lations applicable to its performance under this contract.

Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limita-tions on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following or-der:

The schedule of supplies/services.

The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

The clause at 52.212-5.

Addenda to this solicitation or contract, including any license agreements for computer software.

Solicitation provisions if this is a solicitation.

Other paragraphs of this clause.

The Standard Form 1449.

Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Govern-ment's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contract-or is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the con-tract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding nova-tion and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to:

Change the name in the SAM database;

Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at

RFQ-TDAT-010-14 Page 14 of 29 paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM in-formation that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect inform-ation within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separ-ately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov .

(u) Unauthorized Obligations.

Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(n) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it ap-pearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(End of Clause)

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

52.224-2 Privacy Act (Apr 1984)

52.224-1 Privacy Act Notification (Apr 1984)

52.216-19 Order Limitations (Oct 1995)

52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications (Oct 2010)

RFQ-TDAT-010-14 Page 15 of 29

Clause Title

52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--Modifications (Aug 2011)

52.203-3 Gratuities (Apr 1984)

Clauses by Full Text

2852.201-70 Contracting Officer's Technical Representative (COTR) (JAN 1985)

Mr./Ms. Michel Alderson, Gail Bauman,David Christensen,Jon Walser,Melissa Lohman,Kerry Curtis of North Central Region [Room No.], [Building], 400 State Avenue Suite 800 Kansas City, KS 66101, 913-551-1086, is hereby designated to act as Contract-ing Officer's Technical Representative (COTR) under this contract.

The COTR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the con-tract 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 COTR 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.

(End of Clause)

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:

I . 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]

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA OR OTHER NATIONAL EMERGENCY (May 2008)

During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absentee-ism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in Government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.

The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce.

Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation.The types of actions a federal contractor should reasonably take to help ensure performance are:

Encourage employees to get inoculations or follow other preventive measures as advised by the public health ser-vice.

• Cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services where telework is not an option.

RFQ -TDAT -010 - 14 Page 16 of 29

Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful re-mote work in an emergency.

Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency.

Establish communication processes to notify employees of activation of this plan.

Integrate pandemic health crisis response expectations into telework agreements.

With the employee, assess requirements for working at home (supplies and equipment needed for an extended tele-work period). Security concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropriate.

Determine how all employees who may telework will communicate with one another and with management to accom-plish work.

Practice telework regularly to ensure effectiveness.

Make it clear that in emergency situations, employees must perform all duties assigned by management, even if they are outside usual or customary duties.

Identify how time and attendance will be maintained.

It is the contractor's responsibility to advise the Government Contracting Officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her ab-sence, another responsible person in the contracting office via telephone or email messages acknowledging the contractor's notifica-tion. The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations.

The Department does reserve the right in such emergency situations to use Federal employees, employees of other agencies, contract support from other existing contractors, or to enter into new contracts for critical support services. Any new contracting efforts would be acquired following the guidance in the Office of federal Procurement Policy issuance "Emergency Acquisitions", May, 2007 and Subpart 18.2. Emergency Acquisition Flexibilities, of the Federal Acquisition Regulations.

[End of Clause]

52.216-18 Ordering (Oct 1995)

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

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

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

(End of clause)

52.216-21 Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or

RFQ-TDAT-010-14 Page 17 of 29

"maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

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.

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.

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

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

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

(End of clause)

52.217-8 Option to Extend Services (Nov 1999)

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

(End of clause)

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

The Government may extend the term of this contract by written notice to the Contractor within the current contrac period;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an ex-tension.

1 f the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years (excluding the exercise of any option under the clause 52.217-8, Option to Extend Services).

(End of clause)

RFQ-TDAT-010-14 Page 18 of 29

52.219-6 Notice of Total Small Business Set-Aside (Nov 2011)

Definition. "Small business concern," as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

Applicability. This clause applies only to--

Contracts that have been totally set aside or reserved for small business concerns; and

Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and16.505(b)(2)(1)(F).

(c) General.

Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

(End of clause)

52.219-14 Limitations on Subcontracting (Nov 2011)

This clause does not apply to the unrestricted portion of a partial set-aside.

Applicability. This clause applies only to --

Contracts that have been set aside or reserved for small business concerns or 8(a) concerns;

Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) concerns; and

(3) Orders set aside for small business or 8(a) concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for-

Servi…