RFQ-TDAT-018-14.pdf
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30
1. REQUISITION NUMBER OMB Clearance Control Number:
5. SOLICITATION NUMBER
RFQ-TDAT-018-14
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 6. SOLICITATION ISSUE
DATE
12/11/2013
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
Robert Carroll, Jr.
b. TELEPHONE NUMBER (No collect calls)
202-307-2594
8. OFFER DUE DATE / LOCAL
TIME
01/10/2014 14:00:00
CODE BCO
Federal Bureau of Prisons TDAT Contracting Section
320 FIRST STREET NW
Room 500
WASHINGTON, DC 20534
9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS: 621420
SIZE STANDARD: D06
10. THE ACQUISITION IS
SEE
SCHEDULE
11. DELIVERY FOR FOB DESTINATION
UNLESS BLOCK IS MARKED
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER DPAS
(15 CFR 700)
13b. RATING
X RFQ IFB RFP
14. METHOD OF SOLICITATION
BSERCODE15. DELIVER TO
Federal Bureau of Prisons SouthEast Regional Office 3800 Camp Creek PKWY SW Building 2000 Atlanta, GA 30331
CODE BCO16. ADMINISTERED BY
Federal Bureau of Prisons TDAT Contracting Section
320 FIRST STREET NW
Room 500
WASHINGTON, DC 20534
FACILITY
CODE
CODE
TELEPHONE NO.
17a. CONTRACTOR/
OFFEROR
BSERCODE18a. PAYMENT WILL BE MADE BY
Federal Bureau of Prisons SouthEast Regional Office 3800 Camp Creek PKWY SW Building 2000 Atlanta, GA 30331
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
SEE ADDENDUM
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS
CHECKED
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
Provide Transitional Drug Abuse Treatment Services in Jacksonville, Florida.
D06 Size Standard = $10,000,001-$17,000,001
See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _____ COPIES TO
ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH
OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE
TERMS AND CONDITIONS SPECIFIED
29. AWARD OF CONTRACT: REF. __________ OFFER DATED __________.
YOUR OFFER ON SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR
CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)
Kelly Kuykendall
31c. DATE SIGNED
02/28/2014
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 02/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
RFQ-TDAT-018-14 Page 1 of 23
BOP45920
Typewritten Text
RCA-087-14
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
PARTIAL FINAL
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
COMPLETE PARTIAL FINAL
36. PAYMENT 37. CHECK NUMBER
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
RFQ-TDAT-018-14 Page 2 of 23
Table of Contents
Section Description Page Number
1 Solicitation/Contract Form 2 Commodity or Services Schedule 3 Contract Clauses
2852.201-70 Contracting Officer's Technical Representative (COTR) (JAN 1985) 52.21-603-70 Contracting Officer's Representative (COR) (June 2012)
52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE
2004)
52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA
OR OTHER NATIONAL EMERGENCY (May 2008) 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.232-18 Availability Of Funds (Apr 1984) 52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984)
52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS
SUBCONTRACTORS(DEVIATION) (AUG 2012)
52.237-7 Indemnification and Medical Liability Insurance (Jan 1997) 52.252-6 Authorized Deviations in Clauses (Apr 1984)
52.242.1502 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (April 2011)
4 List of Attachments 5 Solicitation Provisions
52.209-7 Information Regarding Responsibility Matters (Jul 2013) 52.212-2 Evaluation - Commercial Items (Jan 1999) 52.212-3 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Aug 2013)
52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005)
52.233-2 Service of Protest (Sept 2006) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)
3.1 INSTRUCTIONS TO OFFERORS- COMMERCIAL ITEMS
RFQ-TDAT-018-14 Page 3 of 23
Section 2 - Commodity or Services Schedule
SCHEDULE OF SUPPLIES/SERVICES
CONTINUATION SHEET
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 Intake Assessment (2011) - 1 per authorized Inmate
BASE YEAR - 03/01/2014 - 02/28/2015
3.000000 EA $____________ $___________________
0002 Individual Counseling (2010) - Estimated 52 Units per Inmate;
Estimated 72 Inmates, 1 Unit= 30 Minutes
BASE YEAR - 03/01/2014 - 02/28/2015
3,744.000000 EA $____________ $___________________
0003 Group Counseling (2020) - Estimated 78 Units per Inmate;
Estimated 72 Inmates, 1 Unit= 30 Minutes
BASE YEAR - 03/01/2014 - 02/28/2015
5,616.000000 EA $____________ $___________________
0004 Family Counseling (2030) - Estimated 20 Units per Inmate;
Estimated 5 Inmates, 1 Unit= 30 Minutes
BASE YEAR - 03/01/2014 - 02/28/2015
100.000000 EA $____________ $___________________
0005 Psychiatric Evaluation & Report (5030)- Estimated 1 per Inmate;
Estimated 15 Inmates
BASE YEAR- 03/01/2014 - 02/28/2015
15.000000 EA $____________ $___________________
0006 Mental Health Intake Assessment and Report (5011) - Estimated 1 per inmate
BASE YEAR - 03/01/2014 - 02/28/2015
15.000000 EA $____________ $___________________
0007 Mental Health Individual Counseling (6010) - Estimated 52 Units per Inmate; Estimated 21 Inmates, 1 Unit= 30 Minutes
BASE YEAR - 03/01/2014 - 02/28/2015
1,092.000000 EA $____________ $___________________
0008 Mental Health Medication Monitoring (four visits per inmate) for 21 inmates = 84 monitoring visits
BASE YEAR - 03/01/2014 - 02/28/2015
84.000000 EA $____________ $___________________
0009 Indivdual Transportation (1202)- Indivdual Transportation (One Way) 48 trips per Inmate ; Estimated 72 Inmates= 3456 trips
BASE YEAR - 03/01/2014 - 02/28/2015
3,456.000000 EA $____________ $___________________
0010 Intake Assessment (2011) - 1 per authorized Inmate
OPTION YEAR ONE - 03/01/2015 - 02/29/2016
5.000000 EA $____________ $___________________
0011 Individual Counseling (2010) - Estimated 52 Units per Inmate;
Estimated 75 Inmates, 1 Unit= 30 Minutes
OPTION YEAR ONE - 03/01/2015 - 02/29/2016
3,900.000000 EA $____________ $___________________
0012 Group Counseling (2020) - Estimated 78 Units per Inmate;
Estimated 75 Inmates, 1 Unit= 30 Minutes
OPTION YEAR ONE - 03/01/2015 - 02/29/2016
5,850.000000 EA $____________ $___________________
0013 Family Counseling (2030) - Estimated 20 Units per Inmate;
Estimated 7 Inmates, 1 Unit= 30 Minutes
OPTION YEAR ONE - 03/01/2015 - 02/29/2016
140.000000 EA $____________ $___________________
0014 Psychiatric Evaluation & Report (5030)- Estimated 1 per Inmate;
Estimated 18 Inmates
OPTION YEAR ONE- 03/01/2015 - 02/29/2016
18.000000 EA $____________ $___________________
RFQ-TDAT-018-14 Page 4 of 23
0015 Mental Health Intake Assessment and Report (5011) - Estimated 1 per inmate; Estimated 18 Inmates
OPTION YEAR ONE 03/01/2015 - 02/29/2016
18.000000 EA $____________ $___________________
0016 Mental Health Individual Counseling (6010) - Estimated 52 Units per Inmate; Estimated 24 Inmates, 1 Unit= 30 Minutes
OPTION YEAR ONE - 03/01/2015 - 02/29/2016
1,248.000000 EA $____________ $___________________
0017 Mental Health Medication Monitoring (four visits per inmate) for 24 inmates = 96 monitoring visits
OPTION YEAR ONE - 03/01/2015 - 02/29/2016
96.000000 EA $____________ $___________________
0018 Indivdual Transportation (1202)- Indivdual Transportation (One Way) 48 trips per Inmate ; Estimated 75 Inmates= 3600 trips
OPTION YEAR ONE - 03/01/2015 - 02/29/2016
3,600.000000 EA $____________ $___________________
0019 Intake Assessment (2011) - 1 per authorized Inmate
OPTION YEAR TWO - 03/01/2016 - 02/28/2017
8.000000 EA $____________ $___________________
0020 Individual Counseling (2010) - Estimated 52 Units per Inmate;
Estimated 78 Inmates, 1 Unit= 30 Minutes
OPTION YEAR TWO - 03/01/2016 - 02/28/2017
4,056.000000 EA $____________ $___________________
0021 Group Counseling (2020) - Estimated 78 Units per Inmate;
Estimated 78 Inmates, 1 Unit= 30 Minutes
OPTION YEAR TWO- 03/01/2016 - 02/28/2017
6,084.000000 EA $____________ $___________________
0022 Family Counseling (2030) - Estimated 20 Units per Inmate;
Estimated 10 Inmates, 1 Unit= 30 Minutes
OPTION YEAR TWO - 03/01/2016 - 02/28/2017
200.000000 EA $____________ $___________________
0023 Psychiatric Evaluation & Report (5030)- Estimated 1 per Inmate;
Estimated 21 Inmates
OPTION YEAR TWO- 03/01/2016 - 02/28/2017
21.000000 EA $____________ $___________________
0024 Mental Health Intake Assessment and Report (5011) - Estimated 1 per inmate; Estimated 21 Inmates
OPTION YEAR TWO 03/01/2016 - 02/28/2017
21.000000 EA $____________ $___________________
0025 Mental Health Individual Counseling (6010) - Estimated 52 Units per Inmate; Estimated 28 Inmates, 1 Unit= 30 Minutes
OPTION YEAR TWO - 03/01/2016 - 02/28/2017
1,456.000000 EA $____________ $___________________
0026 Mental Health Medication Monitoring (four visits per inmate) for 28 inmates = 112 monitoring visits
OPTION YEAR TWO- 03/01/2016 - 02/28/2017
112.000000 EA $____________ $___________________
0027 Indivdual Transportation (1202)- Indivdual Transportation (One Way) 48 trips per Inmate ; Estimated 78 Inmates= 3744 trips
OPTION YEAR TWO - 03/01/2016 - 02/28/2017
3,744.000000 EA $____________ $___________________
0028 Intake Assessment (2011) - 1 per authorized Inmate
OPTION YEAR THREE - 03/01/2017 - 02/28/2018
10.000000 EA $____________ $___________________
0029 Individual Counseling (2010) - Estimated 52 Units per Inmate;
Estimated 81 Inmates, 1 Unit= 30 Minutes
OPTION YEAR THREE - 03/01/2017 - 02/28/2018
4,212.000000 EA $____________ $___________________
0030 Group Counseling (2020) - Estimated 78 Units per Inmate;
Estimated 81 Inmates, 1 Unit= 30 Minutes
OPTION YEAR THREE- 03/01/2017 - 02/28/2018
6,318.000000 EA $____________ $___________________
RFQ-TDAT-018-14 Page 5 of 23
0031 Family Counseling (2030) - Estimated 20 Units per Inmate;
Estimated 12 Inmates, 1 Unit= 30 Minutes
OPTION YEAR THREE - 03/01/2017 - 02/28/2018
240.000000 EA $____________ $___________________
0032 Psychiatric Evaluation & Report (5030)- Estimated 1 per Inmate;
Estimated 24 Inmates
OPTION YEAR THREE- 03/01/2017 - 02/28/2018
24.000000 EA $____________ $___________________
0033 Mental Health Intake Assessment and Report (5011) - Estimated 1 per inmate; Estimated 24 Inmates
OPTION YEAR THREE 03/01/2017 - 02/28/2018
24.000000 EA $____________ $___________________
0034 Mental Health Individual Counseling (6010) - Estimated 52 Units per Inmate; Estimated 31 Inmates, 1 Unit= 30 Minutes
OPTION YEAR THREE - 03/01/2017 - 02/28/2018
1,612.000000 EA $____________ $___________________
0035 Mental Health Medication Monitoring (four visits per inmate) for 31 inmates = 124 monitoring visits
OPTION YEAR THREE- 03/01/2017 - 02/28/2018
124.000000 EA $____________ $___________________
0036 Indivdual Transportation (1202)- Indivdual Transportation (One Way) 48 trips per Inmate ; Estimated 81 Inmates= 3888 trips
OPTION YEAR THREE- 03/01/2017 - 02/28/2018
3,888.000000 EA $____________ $___________________
0037 Intake Assessment (2011) - 1 per authorized Inmate
OPTION YEAR FOUR - 03/01/2018 - 02/28/2019
12.000000 EA $____________ $___________________
0038 Individual Counseling (2010) - Estimated 52 Units per Inmate;
Estimated 84 Inmates, 1 Unit= 30 Minutes
OPTION YEAR FOUR - 03/01/2018 - 02/28/2019
4,368.000000 EA $____________ $___________________
0039 Group Counseling (2020) - Estimated 78 Units per Inmate;
Estimated 84 Inmates, 1 Unit= 30 Minutes
OPTION YEAR FOUR- 03/01/2018 - 02/28/2019
6,552.000000 EA $____________ $___________________
0040 Family Counseling (2030) - Estimated 20 Units per Inmate;
Estimated 14 Inmates, 1 Unit= 30 Minutes
OPTION YEAR FOUR - 03/01/2018 - 02/28/2019
280.000000 EA $____________ $___________________
0041 Psychiatric Evaluation & Report (5030)- Estimated 1 per Inmate;
Estimated 28 Inmates
OPTION YEAR FOUR- 03/01/2018 - 02/28/2019
28.000000 EA $____________ $___________________
0042 Mental Health Intake Assessment and Report (5011) - Estimated 1 per inmate; Estimated 28 Inmates
OPTION YEAR FOUR 03/01/2018 - 02/28/2019
28.000000 EA $____________ $___________________
0043 Mental Health Individual Counseling (6010) - Estimated 52 Units per Inmate; Estimated 35 Inmates, 1 Unit= 30 Minutes
OPTION YEAR FOUR - 03/01/2018 - 02/28/2019
1,820.000000 EA $____________ $___________________
0044 Mental Health Medication Monitoring (four visits per inmate) for 35 inmates = 140 monitoring visits
OPTION YEAR FOUR- 03/01/2018 - 02/28/2019
140.000000 EA $____________ $___________________
0045 Indivdual Transportation (1202)- Indivdual Transportation (One Way) 48 trips per Inmate ; Estimated 84 Inmates= 4032 trips
OPTION YEAR FOUR- 03/01/2018 - 02/28/2019
4,032.000000 EA $____________ $___________________
RFQ-TDAT-018-14 Page 6 of 23
2.1 CONTINUATION OF SF-1449, BLOCK 20
SCHEDULE OF SUPPLIES/SERVICES
The contractor shall be capable of providing outpatient substance abuse and mental health services to offenders confined in com-munity-based programs. The location where services are to be provided shall be accessible to local public transportation and within 5 miles of City Hall, Jacksonville, Florida, located at 117 W. Duval Street, Jacksonville, Florida 32202.
All references to Residential Re-Entry Center (RRC) and Community Correctional Center (CCC) shall be treated equally for the pur-pose 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 additional one-year option periods. The anticipated total contract period is five years. The anticipated performance start date is March 1, 2014.
Transitional Drug Abuse Treatment
Decisional Rule Criteria Lowest Cost Technical Acceptable:
1. The quoter demonstrates a philosophy that adheres to the cognitive behavioral therapy (CBT) or they use a theoretical model com-patible with CBT (e.g. Motivational Interviewing, Cognitive Mapping, etc.) Quoter shall submit a mission statement that reflects their use of CBT.
2. 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.)
3. The quoter has proof that the agency is appropriately licensed and/ certified to provide drug abuse and mental health treatment in Florida. The quoter must submit a copy of the current agency license and/or certification as required by the state.
4. 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.
5. 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 accommodations.
6. 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 offeror must have a qualified practitioner (i.e. Physician Assistant, Advanced Practice Registered Nurse Practitioner/Specialist) with prescriptive authority who meets the standards of practice established by the state’s professional regulatory board to provide medication monitoring. The quoter must submit a copy of the indi-vidual (s) current license from the licensing board of the State.
7. The quoter has included the name(s), position, education, experience and license (s) of those individuals that will provide direct ser-vices. The quoter must submit a list of name(s) and identify 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 specialized experience and years of experi-ence.
8. The quoter has an individual on staff or has an agreement with a qualified clinical supervisor to provide clinical supervision for all
RFQ-TDAT-018-14 Page 7 of 23 staff providing direct services. The individual must be licensed in Florida. The quoter must submit a copy of the individual’s current license from the licensing board.
9. If the quoter is a primary contractor subcontracting services, the primary contractor must be licensed in Florida. The quoter must submit a copy of the primary contractor’s current license in the State in which performance occurs.
10. 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’s plan for emergency situations to include a contingency plan for suicidal inmates.
PRICING
Prices quoted to the Government shall be as low as or lower than those charges to the supplier’s most favored customer for compar-able 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, Ordering, states that any supplies or services to be furnished under this contract shall be ordered by issuance of task orders by a warranted Contracting Officer in the TDAT Contracting Office.
BILLING INFORMATION
The Government will make payment on a monthly basis via Electronic Fund Transfer. Invoices with the contract number should be submitted on a monthly basis in duplicate to the Regional TDAT Coordinator indicated in Item 15 of the SF-1449. The invoice shall include the business size standard on all invoices submitted for payment.
RFQ-TDAT-018-14 Page 8 of 23
Section 3 - Contract Clauses
A.1 ADDENDUM TO FAR 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)
52.242-15 Stop-Work Order (Aug 1989)
52.242-13 Bankruptcy (July 1995)
52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007)
52.227-1 Authorization and Consent (Dec 2007)
52.224-2 Privacy Act (Apr 1984)
52.224-1 Privacy Act Notification (Apr 1984)
52.212-4 Contract Terms and Conditions -- Commercial Items (Sep 2013)
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)
52.203-3 Gratuities (Apr 1984)
Clauses by Full Text
2852.201-70 Contracting Officer's Technical Representative (COTR) (JAN 1985)
(a) Karen Bredesen, Lead COR, Kristin Brown, Karen Donovan, Earnestine Newton, and Michael Robards of the Southeast Regional Office, 719 McDonough Blvd., SE, Atlanta, GA. 30315, (404) 635-5677, (404) 635-5693, (404) 635-5668, (404) 635-5669, (404) 635-5691, is hereby designated to act as Contracting Officer's Technical Representative (COTR) un-der this contract.
(b) 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
RFQ-TDAT-018-14 Page 9 of 23 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)
52.21-603-70 Contracting Officer's Representative (COR) (June 2012)
(a)Karen Bredesen, Lead COR, Kristin Brown, Karen Donovan, Earnestine Newton, and Michael Robards Southeast Regional Office, 719 McDonough Blvd., SE, Atlanta, GA. 30315, (404) 635-5677, (404) 635-5693, (404) 635-5668, (404) 635-5669, (404) 635-5691, is hereby designated as the Contracting Officer's Representative (COR) under this contract.
(b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provide hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the con-tractor effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.
(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contrac-tual obligations or the Scope of Work, the Contracting Officer shall issue such changes.
52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)
For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commit-ment, individuals or contractor employees providing services must have:
1. Legally resided in the United States (U.S.);2. worked for the U.S. overseas in a Federal or military capacity; or3. been a dependent of a Federal or military employee serving overseas.
If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current inform-ation regarding allied countries: http://www.opm.gov/employ/html/citizen.htm By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.
[End of Clause]
52.218-000 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.
• Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful re-
RFQ-TDAT-018-14 Page 10 of 23 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)
(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 through the last day of the contract's effective 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 for any single item listed on the SF-1449 in Blocks, 19-24, the Government is not obligated to purchase, nor is the Contractor obligated to fur-nish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor--
(1) Any order for a single item in excess of the estimated quantities indentified on the SF-1449 (Block 21, Quantity) within the current contract performance period;
(2) Any order for a combination of items in excess of the estimated quantities indentified on the SF-1449 (Block 21, Quantity) within the current contract performance period; or
(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in para-graph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regula-tion (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
RFQ-TDAT-018-14 Page 11 of 23
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limita-tions in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of clause)
52.216-21 Requirements (Oct 1995)
(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.
(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this con-tract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified un-der this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.
(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Con-tractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Con-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)
(a) 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.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years (excluding the exercise of any option under the clause 52.217-8, Option to Extend Services).
(End of clause)
52.232-18 Availability Of Funds (Apr 1984)
Funds are not presently available for this contract. The Government's obligation under this contract 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 until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.
RFQ-TDAT-018-14 Page 12 of 23
(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 30th of the base year or any option year exer-cised. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropri-ated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30th of the base year or any option year exercised, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.
(End of clause)
52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS(DEVIATION) (AUG 2012)
(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small busi-ness subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.
(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.
(c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.
(End of Clause)
52.237-7 Indemnification and Medical Liability Insurance (Jan 1997)
(a) It is expressly agreed and understood that this is a nonpersonal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor are rendered in its capacity as an independent con-tractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over professional aspects of the services rendered, including by example, the Contractor's professional medical judgment, diagnosis, or spe-cific medical treatments. The Contractor shall be solely liable for and expressly agrees to indemnify the Government with respect to any liability producing acts or omissions by it or by its employees or agents. The Contractor shall maintain during the term of this con-tract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence:
*1,000,000.00.
(b) An apparently successful offeror, upon request by the Contracting Officer, shall furnish prior to contract award evidence of its in-surability concerning the medical liability insurance required by paragraph (a) of this clause.
(c) Liability insurance may be on either an occurrences basis or on a claims-made basis. If the policy is on a claims-made basis, an ex-tended reporting endorsement (tail) for a period of not less than 3 years after the end of the contract term must also be provided.
(d) Evidence of insurance documenting the required coverage for each health care provider who will perform under this contract shall be provided to the Contracting Officer prior to the commencement of services under this contract. If the insurance is on a claims-made basis and evidence of an extended reporting endorsement is not provided prior to the commencement of services, evidence of such en-dorsement shall be provided to the Contracting Officer prior to the expiration of this contract. Final payment under this contract shall be withheld until evidence of the extended reporting endorsement is provided to the Contracting Officer.
(e) The policies evidencing required insurance shall also contain an endorsement to the effect that any cancellation or material change adversely affecting the Government's interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. If, during the performance period of the contract the Contractor changes insurance providers, the Contract-or must provide evidence that the Government will be indemnified to the limits specified in paragraph (a) of this clause, for the entire period of the contract, either under the new policy, or a combination of old and new policies.
RFQ-TDAT-018-14 Page 13 of 23
(f) The Contractor shall insert the substance of this clause, including this paragraph (f), in all subcontracts under this contract for health care services and shall require such subcontractors to provide evidence of and maintain insurance in accordance with paragraph
(a) of this clause. At least 5 days before the commencement of work by any subcontractor, the Contractor shall furnish to the Contract-ing Officer evidence of such insurance.
(End of clause)
* Contracting Officer insert the dollar value(s) of standard coverage(s) prevailing within the local community as to the specific medic-al specialty, or specialties, concerned, or such higher amount as the Contracting Officer deems necessary to protect the Government's interests.
52.252-6 Authorized Deviations in Clauses (Apr 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized devi-ation is indicated by the addition of (DEVIATION) after the date of the clause.
(b) The use in this solicitation or contract of any ______________________. (48 CFR [Chap 28) clause with an author-ized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.
(End of clause)
52.242.1502 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (April 2011)
The services, although not directly supervised, shall be reviewed by Federal Bureau of Prisons (BOP) staff to ensure contract compli-ance. The contractor's performance will be evaluated in accordance with FAR 42.15. Contract monitoring reports will be prepared by the Contacting Officer's Technical Representative (COTR) or Contract Monitor (CM) and maintained in the contract file. In accord-ance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit it to the Past Per-formance Information Retrieval System (PPIRS). The BOP utilizes the Department of Defense (DOD) web-based Contractor Perform-ance Assessment Reporting System (CPARS) to provide contractor performance evaluations. The contractor shall provide and main-tain a current e-mail address throughout the life of the contract. The contractor will receive an e-mail from the Focal Point thru the fol-lowing website address webptsmh@navy.milwhen the contract is registered in CPARS. The e-mail will contain a "user ID" and tem-porary password to register in the CPARS system. The contractor must be registered to access and review its evaluation and/or provide a response. If assistance is required when registering, please contact the Contracting Staff/Focal Point.
(End of Clause)
[END OF ADDENDUM TO FAR 52.212-4]
RFQ-TDAT-018-14 Page 14 of 23
BOP45920
Typewritten Text
JAR
Section 4 - List of Attachments
Exhibits and Attachments Identifier Title Number of
Pages 1 Statement of Work - No Masters Required 27 2 Business Management Questionnaire 2 3 Sample Bank Notification Letter 1 4 Sample Client Notification Letter 1 5 Subcontracting Plan 13 6 Additional Clauses 8
RFQ-TDAT-018-14 Page 15 of 23
Section 5 - Solicitation Provisions
A.2 ADDENDUM TO FAR 52.212-1, Instructions to Offerors--Commercial Items (Feb 2012)
The terms and conditions for the following provisions are hereby incorporated into this solicitation as an addendum to FAR provision 52.212-1.
Provisions By Reference
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.acquisition.gov/far
Clause Title 52.212-1 Instructions to Offerors--Commercial Items (Feb 2012)
52.204-7 System of Award Management (Jul 2013)
Provisions by Full Text
52.209-7 Information Regarding Responsibility Matters (Jul 2013)
(a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or li-ability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site vis-its, corrective plans, or inspection of deliverables.
“Federal contracts and grants with total value greater than $10,000,000” means—
“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the informa-tion it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).
(End of provision)
RFQ-TDAT-018-14 Page 16 of 23
52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005)
Faith-based and Community-based organizations can submit offers/bids/quotations equally with other organizations for contracts for which they are eligible.
[End of Provision]
52.233-2 Service of Protest (Sept 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Procurement Executive, Federal Burea of Prisons, 320 First Street, NW Room 5005, Washington, DC 20534.
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
(End of provision)
2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)
(a) The following definitions apply in this provision:
(1) "Agency Protest Official" means the official, other than the contracting officer, designated to review and decide procurement protests filed with a contracting activity of the Department of Justice.
(2) "Deciding Official" means the person chosen by the protestor to decide the agency protest; it may be either the Contracting Officer or the Agency Protest Official.
(3) "Interested Party" means an actual or prospective offeror whose direct economic interest would be affected by the award of a con-tract or by the failure to award a contract.
(b) A protest filed directly with the Department of Justice must:
(1) Indicate that it is a protest to the agency.
(2) Be filed with the Contracting Officer.
(3) State whether the protestor chooses to have the Contracting Officer or the Agency Protest Official decide the protest. If the protest-or is silent on this matter, the Contracting Officer will decide the protest.
(4) Indicate whether the protestor prefers to make an oral or written presentation of arguments in support of the protest to the deciding official.
(5) Include the information required by FAR 33.103(d)(2):
(i) Name, address, facsimile number and telephone number of the protestor.
(ii) Solicitation or contract number.
(iii) Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protestor.
(iv) Copies of relevant documents.
(v) Request for a ruling by the agency.
(vi) Statement as to the form of relief requested.
(vii) All information establishing that the protestor is an interested party for the purpose of filing a protest.
(viii) All information establishing the timeliness of the protest.
(c) An interested party filing a protest with the Department of Justice has the choice of requesting either that the Contracting Officer or the Agency Protest Official decide the protest.
(d) The decision by the Agency Protest Official is an alternative to a decision by the Contracting Officer. The Agency Protest Official will not consider appeals from the Contracting Officer's decision on an agency protest.
(e) The deciding official must conduct a scheduling conference with the protestor within five (5) days after the protest is filed. The scheduling conference will establish deadlines for oral or written arguments in support of the agency protest and for agency officials to present information in response to the protest issues. The deciding official may hear oral arguments in support of the agency protest at the same time as the scheduling conference, depending on availability of the necessary parties.
(f) Oral conferences may take place either by telephone or in person. Other parties may attend at the discretion of the deciding official.
(g) The protestor has only one opportunity to support or explain the substance of its protest. Department of Justice procedures do not provide for any discovery. The deciding official may request additional information from either the agency or the protestor. The decid-ing official will resolve the protest through informal presentations or meetings to the maximum extent practicable.
(h) An interested party may represent itself or be represented by legal counsel. The Department of Justice will not reimburse the pro-
RFQ-TDAT-018-14 Page 17 of 23 tester for any legal fees related to the agency protest.
(i) The Department of Justice will stay award or suspend contract performance in accordance with FAR 33.103(f). The stay or suspen-sion, unless over-ridden, remains in effect until the protest is decided, dismissed, or withdrawn.
(j) The deciding official will make a best effort to issue a decision on the protest within twenty (20) days after the filing date. The de-cision may be oral or written.
(k) The Department of Justice may dismiss or stay proceeding on an agency protest if a protest on the same or similar basis is filed with a protest forum outside the Department of Justice.
(End of Clause)
3.1 INSTRUCTIONS TO OFFERORS- COMMERCIAL ITEMS
The provision at 52.212-1 is hereby tailored to modify paragraph (b) "Submission of Offers". As a minimum, quoter shall submit all of the following documentation:
-Completed SF-1449 (blocks 12, 17a, 17b, 23,…
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