2 - SF1449.PDF

A

RFQ-TDAT-028-12 Page 1 of 39

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

( 3 CA 00q- l'.)

OMB Clearance Control Number:

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

RFQ-TDAT-028-I2

6. SOLICITATION ISSUE

DATE

12/07/2011

7. FOR SOLICITATION

INFORMATION CALL:

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

TIME

12/22/201 I 04:00:00

9. ISSUED BY CODE CO 1 0. THE ACQUISITION IS

X UNRESTRICTED OR

NAILS: 621420

SIZE STANDARD: D06

SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL BUSINESS

SERVICE-DISABLED VETERAN

OWNED SMALL BUSINESS

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

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

x RFQ q IFB q RFP

15. DELIVER TO CODE I NCR 16. ADMINISTERED BY CODE I NEO

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 I

CODE

18a. PAYMENT WILL BE MADE BY CODE NCR

Federal Bureau of Prisons North Central Regional Office

400 STATE AVENUE

SUITE 800

KANSAS CITY, KS 66101

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFERq 18b. 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: 03/01/2012

Intake Assessment (2011)

BASE YEAR

See Continuation Sheet(s) (use Revcrst . ancilos Attach Additional Sheets us Necessa ry)

120.000000 LA S S

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTA 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. 52.212-5 IS ATTACHED. ADD

D. ADDENDA

ARE 0 ARE NOT ATTACHED

ARE q 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

F CONTRACT: REF. OFFER DATED

ON •OLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR

CH ES II CH RE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

29. ARD

YO IGtOFF

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNIT A A (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED30b. NAME AND TITLE OF SIGNER (Type or print) 31b. N E OF THE CO A it ING OFFICER (Type or print)

Stephen Deffenbaugh

31c. DATE SIGNED

12/07/2011

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 10/2010)

Prescribed by GSA - FAR (48 CFR) 53.212

RFQ-TDAT-028-12 Page 2 of 39

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED 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

PARTIAL FINAL

38. S/R ACCOUNT NO. 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. 10/2010) BACK

RFQ-TDAT-028-12 Page 3 of 39

Table of Contents

Section Description Page Number

2852.201-70 Contracting Officer's Technical Representative (COTR) (JAN 1985) 14

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

2004) 14

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

OR OTHER NATIONAL EMERGENCY (May 2008) 15 52.212-4 Contract Terms and Conditions--Commercial Items (June 2010)

52.242.1502 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (April 2011) 17

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005). . . 27

52.233-2 Service of Protest (Sept 2006) 27

RFQ-TDAT-028-12 Page 4 of 39

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: 03/01/2012 - 02/28/2013

0002 Individual Counseling (2010) 5,760.000000 SS $ $

BASE YEAR

Line Period of Performance: 03/01/2012 - 02/28/2013

0003 Group Counseling (2020) 8,640.000000 SS $ $

BASE YEAR

Line Period of Performance: 03/01/2012 - 02/28/2013

0004 Family Counseling (2030) 64.000000 SS $ $

BASE YEAR

Line Period of Performance: 03/01/2012 - 02/28/2013

0005 Group Transportation (1202) 0.000000 EA $ $

BASE YEAR

Line Period of Performance: 03/01/2012 - 02/28/2013

0006 Individual Transportation (1202) 0.000000 EA $ $

BASE YEAR

Line Period of Performance: 03/01/2012 - 02/28/2013

0007 Mental Health Intake Assessment & Report (5011) 20.000000 SS $ $

BASE YEAR

Line Period of Performance: 03/01/2012 - 02/28/2013

0008 Medication Monitoring (6051) 40.000000 SS $ $

BASE YEAR

Line Period of Performance: 03/01/2012 - 02/28/2013

0009 Mental Health Individual Units (6010) 960.000000 EA $ $

BASE YEAR

Line Period of Performance: 03/01/2012 - 02/28/2013

0010 Mental Health Group Units 1,440.000000 EA $ $

BASE YEAR

Line Period of Performance: 03/01/2012 - 02/28/2013

0011 Psychological Evaluation & Report (5010) 8.000000 EA $ $

BASE YEAR

Line Period of Performance: 03/01/2012 - 02/28/2013

0012 Psychiatric Evaluation & Report (5030) 20.000000 EA $ $

BASE YEAR

Line Period of Performance: 03/01/2012 - 02/28/2013

0013 Psychological Testing & Report (5020) 3.000000 SS $ $

BASE YEAR

Line Period of Performance: 03/01/2012 - 02/28/2013

0014 Group Transportation (1202) 0.000000 SS $ $

Line Period of Performance: 03/01/2012 - 02/28/2013

0015 Individual Transportation (1202) 0.000000 EA $ $

BASE YEAR

Line Period of Performance: 03/01/2012 - 02/28/2013

RFQ-TDAT-028-12

0016 Intake Assessment (2011) 124.000000 EA $

OPTION YEAR ONE

Line Period of Performance: 03/01/2013 - 02/28/2014

0017 Individual Counseling (2010) 5,952.000000 SS $

OPTION YEAR ONE

Line Period of Performance: 03/01/2013 - 02/28/2014

0018 Group Counseling (2020) 8,928.000000 SS $ $

OPTION YEAR ONE

Line Period of Performance: 03/01/2013 - 02/28/2014

0019 Family Counseling ono) 64.000000 SS $

OPTION YEAR ONE

Line Period of Performance: 03/01/2013 - 02/28/2014

0020 Group Transportation (1202) - 5 roundtrips per week 260.000000 EA $

OPTION YEAR ONE

Line Period of Performance: 03/01/2013 - 02/28/2014

0021 Individual Transportation (1202) 0.000000 EA $

OPTION YEAR ONE

Line Period of Performance: 03/01/2013 - 02/28/2014

0022 Mental Health Intake Assessment & Report (5011) 21.000000 SS $

OPTION YEAR ONE

Line Period of Performance: 03/01/2013 - 02/28/2014

0023 Medication Monitoring (6051) 42.000000 SS $

OPTION YEAR ONE

Line Period of Performance: 03/01/2013 - 02/28/2014

0024 Mental Health Individual Units (6010) 1,008.000000 EA $

OPTION YEAR ONE

Line Period of Performance: 03/01/2013 - 02/28/2014

0025 Mental Health Group Units 1,512.000000 EA $

OPTION YEAR ONE

Line Period of Performance: 03/01/2013 - 02/28/2014

0026 Psychological Evaluation & Report (5010) 8.000000 EA $

OPTION YEAR ONE

Line Period of Performance: 03/01/2013 - 02/28/2014

0027 Psychiatric Evaluation & Report (5030) 21.000000 EA $

OPTION YEAR ONE

Line Period of Performance: 03/01/2013 - 02/28/2014

0028 Psychological Testing & Report (5020) 3.000000 SS $

OPTION YEAR ONE

Line Period of Performance: 03/01/2013 - 02/28/2014

0029 Group Transportation (1202) 0.000000 SS $

OPTION YEAR ONE

Line Period of Performance: 03/01/2013 - 02/28/2014

0030 Individual Transportation (1202) 0.000000 EA $

OPTION YEAR ONE

Line Period of Performance: 03/01/2013 - 02/28/2014

0031 Intake Assessment (2011) 128.000000 EA $

OPTION YEAR TWO

Line Period of Performance: 03/01/2014 - 02/28/2015

Page 6 of 39RFQ-TDAT-028-12

0032 Individual Counseling (2010) 6,144.000000 SS

OPTION YEAR TWO

Line Period of Performance: 03/01/2014 - 02/28/2015

0033 Group Counseling (2020) 9,216.000000 SS

OPTION YEAR 1VVO

Line Period of Performance: 03/01/2014 - 02/28/2015

0034 Family Counseling (2030) 64.000000 SS

OPTION YEAR TWO

Line Period of Performance: 03/01/2014 - 02/28/2015

0035 Group Transportation (1202) 0.000000 EA

OPTION YEAR TWO

Line Period of Performance: 03/01/2014 - 02/28/2015

0036 Individual Transportation (1202) 0.000000 EA

OPTION YEAR TWO

Line Period of Performance: 03/01/2014 - 02/28/2015

0037 Mental Health Intake Assessment & Report (5011) 22.000000 SS $

OPTION YEAR TWO

Line Period of Performance: 03/01/2014 - 02/28/2015

0038 Medication Monitoring (6051) 44.000000 SS $

OPTION YEAR TWO

Line Period of Performance: 03/01/2014 - 02/28/2015

0039 Mental Health Individual Units (6010) 1,056.000000 EA $

OPTION YEAR TWO

Line Period of Performance: 03/01/2014 - 02/28/2015

0040 Mental Health Group Units 1,584.000000 EA

OPTION YEAR TWO

Line Period of Performance: 03/01/2014 - 02/28/2015

0041 Psychological Evaluation & Report (5010) 8.000000 EA

OPTION YEAR TWO

Line Period of Performance: 03/01/2014 - 02/28/2015

0042 Psychiatric Evaluation & Report (5030) 22.000000 EA

OPTION YEAR TWO

Line Period of Performance: 03/01/2014 - 02/28/2015

0043 Psychological Testing & Report (5020) 3.000000 SS

OPTION YEAR TWO

Line Period of Performance: 03/01/2014 - 02/28/2015

0044 Group Transportation (1202) 0.000000 SS

OPTION YEAR TWO

Line Period of Performance: 03/01/2014 - 02/28/2015

0045 Individual Transportation (1202) 0.000000 EA $ $

OPTION YEAR TWO

Line Period of Performance: 03/01/2014 - 02/28/2015

0046 Intake Assessment (2011) 132.000000 EA

OPTION YEAR THREE

Line Period of Performance: 03/01/2015 - 02/29/2016

0047 Individual Counseling (2010) 6,336.000000 SS

OPTION YEAR THREE

Line Period of Performance: 03/01/2015 - 02/29/2016

RFQ-TDAT-028-12

0048 Group Counseling (2020) 9,504.000000 SS $

OPTION YEAR THREE

Line Period of Performance: 03/01/2015 - 02/29/2016

0049 Family Counseling (2030) 64.000000 SS $

OPTION YEAR THREE

Line Period of Performance: 03/01/2015 - 02/29/2016

0050 Group Transportation(1202) 0.000000 EA $ $

OPTION YEAR THREE

Line Period of Performance: 03/01/2015 - 02/29/2016

0051 Individual Transportation (1202) 0.000000 EA $

OPTION YEAR THREE

Line Period of Performance: 03/01/2015 - 02/29/2016

0052 Mental Health Intake Assessment & Report (5011) 23.000000 SS $ $

OPTION YEAR THREE

Line Period of Performance: 03/01/2015 - 02/29/2016

0053 Medication Monitoring(6051) 46.000000 SS $

OPTION YEAR THREE

Line Period of Performance: 03/01/2015 - 02/29/2016

0054 Mental Health Individual Units (6010) 1,104.000000 EA $

OPTION YEAR THREE

Line Period of Performance: 03/01/2015 - 02/29/2016

0055 Mental Health Group Units 1,656.000000 EA $

OPTION YEAR THREE

Line Period of Performance: 03/01/2015 - 02/29/2016

0056 Psychological Evaluation & Report (5010) 8.000000 EA $

OPTION YEAR THREE

Line Period of Performance: 03/01/2015 - 02/29/2016

0057 Psychiatric Evaluation & Report (5030) 23.000000 EA $

OPTION YEAR THREE

Line Period of Performance: 03/01/2015 - 02/29/2016

0058 Psychological Testing & Report (5020) 3.000000 SS $ $

OPTION YEAR THREE

Line Period of Performance: 03/01/2015 - 02/29/2016

0059 Group Transportation (1202) 0.000000 SS $

OPTION YEAR THREE

Line Period of Performance: 03/01/2015 - 02/29/2016

0060 Individual Transportation (1202) 0.000000 EA $

OPTION YEAR THREE

Line Period of Performance: 03/01/2015 - 02/29/2016

0061 Intake Assessment (2011) 136.000000 EA $

OPTION YEAR FOUR

Line Period of Performance: 03/01/2016 - 02/28/2017

0062 Individual Counselinc (2010) 6,528.000000 SS $

OPTION YEAR FOU'R

Line Period of Performance: 03/01/2016 - 02/28/2017

0063 Group Counseling (2020) 9,792.000000 SS $

OPTION YEAR FOUR

Line Period of Performance: 03/01/2016 - 02/28/2017

RFQ-TDAT-028-12 Page 8 of 39

0064 Family Counseling (2030) 64 000000 SS $ $

OPTION YEAR FOUR

Line Period of Performance: 03/01/2016 - 02/28/2017

0065 Group Transportation (1202) 0.000000 EA $ $

OPTION YEAR FOUR

Line Period of Performance: 03/01/2016 - 02/28/2017

0066 Individual Transportation (1202) 0.000000 EA $ $

OPTION YEAR FOUR

Line Period of Performance: 03/01/2016 - 02/28/2017

0067 Mental Health Intake Assessment & Report (5011) 24.000000 SS $ $

OPTION YEAR FOUR

Line Period of Performance: 03/01/2016 - 02/28/2017

0068 Medication Monitoring (6051) 48.000000 SS $ $

OPTION YEAR FOUR

Line Period of Performance: 03/01/2016 - 02/28/2017

0069 Mental Health Individual Units (6010) 1,152.000000 EA $ $

OPTION YEAR FOUR

Line Period of Performance: 03/01/2016 - 02/28/2017

0070 Mental Health Group Units 1,728.000000 EA $

OPTION YEAR FOUR

Line Period of Performance: 03/01/2016 - 02/28/2017

0071 Psychological Evaluation & Report (5010) 8.000000 EA $ $

OPTION YEAR FOUR

Line Period of Performance: 03/01/2016 - 02/28/2017

0072 Psychiatric Evaluation & Report (5030) 24.000000 EA $ $

OPTION YEAR FOUR

Line Period of Performance: 03/01/2016 - 02/28/2017

0073 Psychological Testing & Report (5020) 3.000000 SS $ $

OPTION YEAR FOUR

Line Period of Performance: 03/01/2016 - 02/28/2017

0074 Group Transportation (1202) 0.000000 SS $ $

OPTION YEAR FOUR

Line Period of Performance: 03/01/2016 - 02/28/2017

0075 Individual Transportation (1202) 0.000000 EA $ $

OPTION YEAR FOUR

Line Period of Performance: 03/01/2016 - 02/28/2017

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 community-based programs. The location where services are to be provided should be within 10 miles of the Pottawattamie County Courthouse located at 227 South 6th Street Council Bluff, Iowa 51501.

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

RFQ-TDAT-028-12 Page 9 of 39

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 March 1, 2012.

Transitional Drug Abuse Treatment Decisional Rule Criteria Lowest Cost Technical Acceptable:

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 may submit a mission statement that reflects the quoter use of CBT.

The quoter's proposed facility and/or place of performance is within the geographic restrictions. The quoter should 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 State in which service will occur. The quoter should submit copy of the current agency license and/ or certification.

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

The quoter clearly demonstrated proof the facility where services are to be performed meets all the National Fire Protection Association (NFPA) codes and standards. The quoter must submit a current Fire Code Inspec-tion.

The quoter clearly demonstrates the facility is accessible to or accommodates inmates with disability. The quoter must submit documentation showing the proposed facility is accessible to or accommodates inmates with disabilities.

The quoter must have the name(s) and current license(s) of someone with prescriptive authority who meets the standards of practice established in the State in which services are performed. A copy of the individuals(s) current license from the licensing board of the State is required.

The quoter has included the name(s), position, education, experience and license (s) of those individuals that will provide direct services. The quoter must submit a list of name(s), titles, and position of each staff and a de-tailed resume of each staff providing direct services.

The quoter has an individual on staff or has subcontracted someone to provide clinical supervision for all staff providing direct service. The individual must be licensed in the State in which performance will occur to provide service. A copy of the individuals current license from the licensing board is required.

If the quoter is a primary contractor subcontracting services, the primary contractor must be licensed in the State in which services are performed. A copy of the primary contractors current license in the State in which performance occurs.

RFQ-TDAT-028-12 Page 10 of 39

11. The quoter must demonstrate they have plans for emergency situations to include a contingency plan for suicidal inmates. A copy of the quoters 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 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, 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 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 -028 - 12 Page 11 of 39

Section 3 - Contract Clauses

52.212-4 Contract Terms and Conditions--Commercial Items (June 2010)

(a) 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--

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

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

(b) 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 Governmentwide 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 relating 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.

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

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. (1) 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-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Trans-fer-Other Than Central Contractor Registration), or applicable agency procedures.

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

(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.

(h) 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, RFQ-TDAT-028-12 Page 12 of 39 trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the deliv-ery 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.

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 adescription 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. (i) 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 as fixed by the Secretary until the amount is paid.

(ii) 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 amountotherwise 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.

(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 immediately 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 reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for

RFQ-TDAT-028-12 Page 13 of 39 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. 265 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 in-tegrity.

(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, and Compliance with Laws Unique to Government Contracts 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) Central Contractor Registration (CCR).(1) 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 CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name,"doing business as"name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Of-ficer. 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 paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR 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 CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR 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 the intefnet at ht-tp://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

(End of clause)

RFQ-TDAT-028-12 Page 14 of 39

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (June 2010)

The terms and conditions for the following clauses arc 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.arnet.gov/far

Clause Title

52.253-1 Computer Generated Forms (Jan 1991)

52.242-15 Stop-Work Order (Aug 1989)

52.237-7 Indemnification and Medical Liability Insurance (Jan 1997)

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)

Clauses by Full Text

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

Mr./Ms. Kerry Curtis, Melissa Lohman. and Carlos Acevedo 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 Contracting 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:

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.

RFQ-TDAT-028-12 Page 15 of 39

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-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]

52.2 16-18 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

RFQ-TDAT-028-12 Page 16 of 39 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)

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.

Maximum order. The Contractor is not obligated to honor--

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;

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.

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.

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)

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.

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.

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)

RFQ-TDAT-028-12 Page 17 of 39

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.

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.

(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)

52.242.1502 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 accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit it to the Past…