RFQ-TDAT-032-11_Sol.PDF

U.S. Department of Justice

Federal Bureau of Prisons

Contracting Field Office

McRae. Georgia 31055

July 29, 2010

All Interested Parties:

This Request for Quotation (RFQ) is to provide substance abuse and mental health treatment services for male and female offenders held under authority of the United States in Waterbury. Connecticut. Services are to be provided in accordance with the enclosed entitled "Federal Bureau of Prisons. Comm un ity Transitiona I Drug Abuse Treatment and Mental Health Treatment Services Statement of Work ."

The following MUST be completed and submitted with your quote:

Standard Form (SF) 1449- Solicitation/Contract/Orderfor Commercial Items - Please complete blocks 17a. 23, 24, 30a. 30b. and 30c of SF-1449 and the continuation sheets. Please include your telephone number, fax number, email address, tax identification number and DUNS number in block 17a. Original signatures are required.

Representations and Certifications (FAR 52.212-3)- Prospective quoters are requiredto submit Annual Representations and Certifications via the Online Representations and Certifications Application (ORCA) website at lutp://orea.bpn..gov. By submission of a quote under this solicitation, the quoter acknowledges completion of the annual representations and certifications via ()RCA and verifies, by submission of the quote. that the representations and certifications currently posted in ORCA were entered or updated within the last 12 months and are current, accurate. complete and app i cable to this solicitation. All quoters MUST be able to comply with FAR 52.212-10) Data Universal Numbering System (DUNS) Number, and FAR 52.212-4(t), Central Contractor Registration. Submission of your quote constitutes compliance.

Federal Bureau of Prisons Contract Business Management Questionnaire

Required Documentation identified under Addendum to FAR 52.212-1, Instructions to Offerors - Submission of Quotes

The government shall award to the lowest priced, responsive and responsible quoter.

Please submit two (2) signed originals of the solicitation so as to be received by Thursday, August 19, 2010, no later than 2:00PM Eastern Standard Time at the following address:

James J.C.L. Spence, Contracting Officer Federal Bureau of Prisons Contract Administration Office 112 Jim Hammock Drive P.O. Box 368 McRae, Georgia 31055

The solicitation will be distributed solely through the General Services Administration's Federal Business Opportunities web site (littp://www.ledbizopps.uo )• Hard copies of the solicitation document will not be available.

The site provides downloading instructions. All future information about this solicitation, including solicitation amendments, will also be solely through this site. Interested parties are responsible for monitoring this site to ensure that they have the most up-to-date information about this acquisition.

Please place any questions you may have in writing and fax to my attention at (229) 868-9879 or by email to jspence@bop.gov .

Sincerely, . . . Spence Contracting Officer

RFQ-TDAT-032-11 Page 1 of 29

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER OMB Clearance Control Number:

1103 0018

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

RFQ-TDAT-032- I I

6 SOLICITATION ISSUE

DATE

07/29/2010

7. FOR SOLICITATION

INFORMATION CALL:

a NAME

James J.C.L. Spence

b. TELEPHONE NUMBER (No collect calls)

(229) 868-4292

8. OFFER DUE DATE I LOCAL

TIME

08/19/2010 14:00:00

9. ISSUED BY CODE MCA '0 THE ACQUISITION IS

UNRESTRICTED OR

NAICS. 621420

SIZE STANDARD: D06

SET

[-SERVICE-DISABLED

ASIDE: % FOR

SMALL BUSINESS EMERGING

'-ILIBZONE SMALL BUSINESS

VETERAN

OWNED SMALL BUSINESS

SMALL BUSINESS

8(A)

Administrative Contracting Officer Federal Bureau of Prisons Privatized Corrections Contracting 112 Jim Hammock Drive, P.O. Box 368 McRae, GA 31055

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)

'3b. RATING

.4 METHOD OF SOLICITATION

\ RFQ IFB q RFP

15. DELIVER TO CODE I :DER 16. ADMINISTERED BY CODE \ ICA

DLpartment of Justice Federal 13iireau of Prisons PCC - McRae Correctional Facility 112 Jim I lammock Drive. P.O. Box 368 McRae. GA 31055

Federal Bureau of Prisons Northeast Regional Office

US CUSTOM HOUSE, 7TI I FLOOR

2ND & CHESTNUT

PHILADELPHIA, PA 19106

17a. CONTRACTOR/ CODE I

OFFEROR

I -AGILITY I

CODE

18a. PAYMENT WILL BE MADE BY CODE I \ER

Federal Bureau of Prisons Northeast Regional Office

US CUSTOM I (OUSE, 7TI I FLOOR

2ND & CIIESTNUT

PIIILADELPIIIA, PA 19106

TELEPHONE NO.

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

OFFER

186 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 Drug 1 reatment Intake Assessment & Report - 2011 (one per inmate)

BASE PERIOD: 01/01/2011 - 09/30/2011

Sec Continuation Sheet(s)

34.0000(10 I \ `,

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

q 29.

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

CHANGES WHICH ARE SET FORTH HEREIN. IS ACCEPTED AS TO ITEMS:ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED HEREIN.

SIGNATURE OF OFFEROR/CONTRACTOR Oa. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED ;1b NAME OF THE CONTRACTING OF F ICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV. 3/2005)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.21.2

RFQ-TDAT-032-11 Page 2 of 29

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

0 RECEIVED 0 INSPECTED ACCEPTED. AND CONFORMS 10 1 HE 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 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 1 JrINAL

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

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

42a. RECEIVED AT (Location)

42c. DATE RECD (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 3/20051 BACK

RFQ-TDAT-032-11 Page 3 of 29

Table of Contents

Section Desc rip tion Page Number

52.218-000 CONTINTINCi CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

52.216-19 Order Limitations (Oct 1995) I I

52.216-21 Requirements (Oct 1995) 11

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Apr 2010) 13

2.1 Addendum Addendum to FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL

RFQ-TDAT-032-11 Page 4 of 29

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Drug Treatment Individual Counseling - 2010 (one per inmate) - Estimated 24 units per inmate x 34 inmates (30-min = one unit)

816.000000 EA S — S

BASE PERIOD: 01/01/2011 - 09/30/2011

0003 Drug Treatment Group Counseling - 2020 (one per inmate) - 2.448.000000 EA S $

Estimated 72 units per inmate x 34 inmates (30 min = one unit)

BASE PERIOD: 01/01/2011 - 09/30/2011

0004 Psychiatric Evaluation & Report - 5030 (one per inmate) 3.000000 EA S S

BASE PERIOD: 01/01/2011 - 09/30/2011

0005 Mental Health Individual Counseling - 6010 (one per inmate) 96.000000 EA S S Estimated 24 units per inmate x four inmates (30 min = one unit)

BASE PERIOD: 01/01/2011 - 09/30/2011

0006 Mental Health Group Counseling - 6020 (Estimated 12 units per inmate x four inmates) (30 min = one unit)

48.000000 EA S S

BASE PERIOD: 01/01/2011 - 09/30/2011

0007 Mental Health Intake Assessment & Report - 5011 (one per inmate) 1.000000 LA S $

BASE PERIOD: 01/01/2011 - 09/30/2011

0008 Medication Monitoring - 6051 (One visit includes any and all medication administered by the provider during a 24-hour period or clinical visit) - Estimated two units per inmate x four inmates.

8.000000 EA S $

BASE PERIOD: 01/01/2011 - 09/30/2011

0009 Transportation - To & from treatment center & RRC/home confinement (Estimated 64 units per inmate x 34 inmates)

2,176.000000 EA S $

BASE PERIOD: 01/01/2011 - 09/30/2011

0010 Drug Treatment Intake Assessment & Report - 2011 (one per inmate)

36 000000 FA S S

OPTION YEAR ONE: 10/01/2011 - 09/30/2012

0011 Drug Treatment Individual Counseling - 2010 (one per inmate) - 864.000000 EA S S Estimated 24 units per inmate x 36 inmates (30-min = one unit)

OPTION YEAR ONE: 10/01/2011 - 09/30/2012

0012 Drug Treatment Group Counseling - 2020 (one per inmate) - 2,592.000000 EA S S Estimated 72 units per inmate x 36 inmates (30 min = one unit)

OPTION YEAR ONE: 10/01/2011 - 09/30/2012

0013 Psychiatric Evaluation & Report - 5030 (one per inmate) 4.000000 EA S s

OPTION YEAR ONE: 10/01/2011 - 09/30/2012

0014 Mental Health Individual Counseling - 6010 (one per inmate) 120.000000 EA S S Estimated 24 units per inmate x five inmates (30 min = one unit)

OPTION YEAR ONE: 10/01/2011 - 09/30/2012

0015 Mental Health Group Counseling - 6020 Estimated 12 units per inmate x five inmates) (30 min = one unit

60.000000 EA S $

OPTION YEAR ONE: 10/01/2011 - 09/3 /2012

0016 Mental Health Intake Assessment & Report - 5011 (one per inmate) 1.000000 EA S

OPTION YEAR ONE: 10/01/2011 - 09/30/2012

0017 Medication Monitoring - 6051 (One visit includes any and all medication administered by the provider during a 24-hour period or clinical visit) - Estimated two units per inmate x five inmates.

10.000000 EA S $

OPTION YEAR ONE: 10/01/2011 - 09/30/2012

0018 Transportation - To & from treatment center & RRC/home confinement (Estimated 64 units per inmate x 36 inmates)

2.304.000000 EA S $

OPTION YEAR ONE: 10/01/2011 - 09/30/2012

RFQ-TDAT-032-11

0019 Drug Treatment Intake Assessment & Report - 2011 (one per inmate)

38.000000 EA S

OPTION YEAR TWO: 10/01/2012 - 09/30/2013

0020 Drug Treatment Individual Counseling - 2010 (one per inmate) - 912.000000 EA S Estimated 24 units per inmate x 38 inmates (30-min = one unit)

OPTION YEAR TWO 10/01/2012 - 09/30/2013

002' Drug Treatment Group Counseling - 2020 (one per inmate) - 2.736.000000 EA $

Estimated 72 units per inmate x 38 inmates (30 min = one unit)

OPTION YEAR TWO: 10/01/2012 - 09/30/2013

0022 Psychiatric Evaluation & Report - 5030 (one per inmate) 5.000000 EA S

OPTION YEAR TWO: 10/01/2012 - 09/30/2013

0023 Mental Health Individual Counseling - 6010 (one per inmate) 144,000000 EA $ Estimated 24 units Per inmate x six inmates (30 min = one unit)

OPTION YEAR TWO: 10/01/2012 - 09/30/2013

0024 Mental Health Group Counseling - 6020 (Estimated 12 units per inmate x six inmates) (30 min = one unit)

72 000000 EA $

OPTION YEAR TWO: 10/01/2012 - 09/30/2013

0025 Mental Health Intake Assessment & Report - 5011 (one per inmate) 1.000000 EA $

OPTION YEAR TWO: 10/01/2012 - 09/30/2013

0026 Medication Monitoring - 6051 (One visit includes any and all medication administered by the provider during a 24-hour period or clinical visit) - Estimated two units per inmate x six inmates.

12.000000 EA S

OPTION YEAR TWO: 10/01/2012 - 09/30/2013

0027 Transportation - To & from treatment center & RRC/home confinement (Estimated 64 units per inmate x 38 inmates)

2,432.000000 EA $

OPTION YEAR TWO: 10/01/2012 - 09/30/2013

0028 Drug Treatment Intake Assessment & Report - 2011 (one per inmate)

40.000000 EA S $

OPTION YEAR THREE: 10/01/2013 - 09/30/2014

0029 Drug Treatment Individual Counseling - 2010 (one per inmate) - 960.000000 EA $

Estimated 24 units per inmate x 40 inmates (30-min = one unit)

OPTION YEAR THREE: 10/01/2013 - 09/30/2014

0030 Drug Treatment Group Counseling - 2020 (one per inmate) - 2,880.000000 EA S Estimated 72 units per inmate x 40 inmates (30 min = one unit)

OPTION YEAR THREE: 10/01/2013 - 09/30/2014

0031 Psychiatric Evaluation & Report - 5030 (one per inmate) 6.000000 EA S

OPTION YEAR THREE: 10/01/2013 - 09/30/2014

0032 Mental Health Individual Counseling - 6010 (one per inmate) 168.000000 EA S Estimated 24 units per inmate x seven inmates (30 min = one unit)

OPTION YEAR THREE: 10/01/2013 - 09/30/2014

0033 Mental Health Group Counseling - 6020 (Estimated 12 units per inmate x seven inmates) (30 min = one unit)

84.000000 EA S

OPTION YEAR THREE: 10/01/2013 - 09/30/2014

0034 Mental Health Intake Assessment & Report - 5011 (one per inmate) 1.000000 EA S

OPTION YEAR THREE: 10/01/2013 - 09/30/2014

0035 Medication Monitoring - 6051 (One visit includes any and all medication administered by the provider during a 24-hour period or clinical visit) - Estimated two units per inmate x seven inmates.

14 000000 EA S

OPTION YEAR THREE: 10/01/2013 - 09/30/2014

0036 Transportation - To & from treatment center & RRC/home confinement (Estimated 64 units per inmate x 40 inmates)

2.560.000000 EA S

OPTION YEAR THREE: 10/01/2013 - 09/30/2014

0037 Drug Treatment Intake Assessment & Report - 2011 (one per inmate)

42.000000 EA S

OPTION YEAR FOUR: 10/01/2014 - 09/30/2015

0038 Drug Treatment Individual Counseling - 2010 (one per inmate) - 1,008.000000 EA S Estimated 24 units per inmate x 42 inmates (30-min = one unit)

OPTION YEAR FOUR: 10/01/2014 - 09/30/2015

Drug Treatment Group Counseling - 2020 (one per inmate) - Estimated 72 units per inmate x 42 inmates (30 min = one unit)

OPTION YEAR FOUR: 10/01/2014 - 09/30/2015

Psychiatric Evaluation & Report - 5030 (one per inmate)

3,024.000000

7.000000

EA

EA

RFQ-TDAT-032-11

S

S

S

OPTION YEAR FOUR: 10/01/2014 - 09/30/2015

0041 Mental Health Individual Counseling - 6010 (one per inmate) 192.000000 EA S Estimated 24 units per inmate x eight inmates (30 min = one unit)

OPTION YEAR FOUR: 10/01/2014 - 09/30/2015

0042 Mental Health Group Counseling - 6020 (Estimated 12 units per inmate x eight inmates) (30 min = one unit)

96.000000 EA S

OPTION YEAR FOUR: 10/01/2014 - 09/30/2015

0043 Mental Health Intake Assessment & Report - 5011 (one per inmate) 1.000000 EA S S

OPTION YEAR FOUR: 10/01/2014 - 09/30/2015

0044 Medication Monitoring - 6051 (One visit includes any and all medication administered by the provider during a 24-hour period or clinical visit) - Estimated two units per inmate x eight inmates.

16.000000 EA S

OPTION YEAR FOUR: 10/01/2014 - 09/30/2015

0045 Transportation - To & from treatment center & RRC/home confinement (Estimated 64 units per inmate x 42 inmates)

2,688 000000 EA S S

OPTION YEAR FOUR: 10/01/2014 - 09/30/2015

0046 TOTAL INCLUSIVE CONTRACT PRICE (BASE + FOUR OPTION 0.000000 EA S

YEARS)

2.1 Continuation of SF-1449, Block 20

SCHEDULE OF SUPPLIES/SERVICES

The contractor shall provide community-based outpatient traditional dru g abuse and mental health (TDAT-MH) services to male and female offenders confined in a Residential Re-entry Center (RRC). or home confinement in Waterbury, Connecticut. The contractor's service location where services arc to be provided should be located in the city limits of Waterbury, CT. This requirement will ensure inmates are not subjected to walking long distances in adverse weather conditions. CT Transit is the public transportation system that services Waterbury, CT, and has multiple stops. CT Transit operates buses until 6:00pm, Monday throu gh Friday, at a current rate of $3.25 for a one-day local pass. Any transportation required after 6:00pm may he provided via local taxi service. The current average one-way taxi fare in Waterbury, CT is S8.00.

Quoters shall submit a quotation to provide all of the services listed.

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

The performance period for the resultin g contract will he a one-year base period (to begin upon the effective date of contract award) and four (4) additional one (1) year option periods. The anticipated performance start date is January 01, 2011.

Services under this contract may he subcontracted.

DECISIONAL RULE CRITERIA

Each quotation will be initially reviewed to determine that all document submission requirements listed under Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items, are met. By usin g the documentation submitted with each quotation, an initial review will also be conducted to determine whether or not it meets the minimum requirements contained in the Decisional Rule Criter-ia below. Any quotation not meetin g this criteria may not receive any further consideration for award.

Quotes must clearly demonstrate at the time of submission, unless otherwise stated, the capability to meet the Decisional Rule criteria below. Quotes will he rated "go" or "no-go" based on the Decisional Rule criteria. Quoters receiving a "no-go" rating will be advised of their elimination from the procurement. Quoters receiving a "go" rating shall he considered for award.

RFQ-TDAT-032-11 Page 7 of 29

Quoters shall clearly demonstrate the capability to meet all of the following Decisional Rule criteria:

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.) Quote,- may submit a mission statement that reflects the quoter's of use of CBT.

The quoter's facility and/or place of performance is within the geographic restrictions. The quoter should submit how this was de-termined (e.g. Map Quest. Goggle. etc.).

The quoter has proof that the agency is licensed and/ certified to provide drug abuse and mental health treatment in Connecticut.

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. Submit copy of a deed, lease, bill of sale, option to lease, or option to buy.

The quoter clearly demonstrates proof that the facility where services arc to be performed meets all tire code standards. The quoter must submit a current Fire Code Inspection.

The quoter clearly demonstrates the facility is accessible to or accommodates inmates with disability. Submit documentation show-ing the proposedfi-wility is accessible to or accommodates inmates with disabilities.

The quoter must have the names and current licenses of a board-certified/board eligible member of the American Osteopathic Board of Neurology and Psychiatry on staff to conduct psychiatric evaluations and to monitor medication. The quoter may also have the names and license/s of other qualified practitioners with prescriptive authority to refill medications as allowed by law and they must also meet the standards of practice established in Connecticut. A copy of the current license/s from the licensing board of the State of Connecticut is required for all individuals providing the medical services listed above.

The quoter has included the name(s), position, education, experience and license (s) of those individuals that will provide direct services. Submit a list of name(s) and position of each staff and a detailed 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 ser-vice, as required by the state licensing board. The individual must he licensed in Connecticut. A copy of the individuals current li-cense from the licensing board is required.

If the quoter is a primary contractor subcontracting services, the primary contractor must be licensed in Connecticut. A copy of the primary contractors current license in the State of Connecticut.

I I. The quoter must demonstrate they have plans for emergency situations to include a contingency plan for suicidal inmates. A copy of the quoter'., plan for emergency situations to include a contingency plan 'Or suicidal inmates is required.

If performance will occur at the residential reentry center (RRC), the quoter must have a letter from the authorized negotiator stat-ing the offeror has permission to use the facility for the length of the contract. The letter must state the amount of any fees required for using space and/or equipment. The authorized negotiator must also state an understanding of maintaining confidentiality and an agree-ment to turn video cameras off during all clinical sessions. The quoter must include the letter from the authorized negotiator.

The quoter has proof that the RRC adheres to all state licensure requirements to provide drug abuse and mental health services at the site. The quoter must provide a copy of the current RRC license and/or certification to provide drug abuse and mental health ser-vices on site.

PRICING

Prices offered to the Government shall be as low as or lower than those charges to the supplier's most favored customer for compar-

RFQ-TDAT-032-11 Page 8 of 29 able quantities under similar terms and conditions, in addition to any discounts offered for prompt payment.

DELIVERY

In accordance with Federal Acquisition Regulation (FAR) 16.505, and the clause located in FAR 52.216-1 g , 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 Privatized Corrections Contracting Office, or the United States Probation 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 United States Probation Office is an authorized user under this contract.

RFQ-TDAT-032-11 Page 9 of 29

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (Mar 2009)

The terms and conditions (Or the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212 -4.

Clauses B y 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)

52.224-2 Privacy Act (Apr 1984)

52.224-1 Privacy Act Notification (Apr 1984)

52.212-4 Contract Terms and Conditions--Commercial Items (Mar 2009)

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or

Proposed for Debarment (Sept 2006)

52.204-4 Printed or Copied Double-Sided on Recycled Paper (Aug 2000)

52.203-12 Limitation On Payments To Influence Certain Federal Transactions (Sept 2007)

Clauses by Full Text

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

Mr./Ms. Crystal Kindall, Cordella Malloy, Ph.D.. Tiffany Olivi, Robert Vorhecs, and Georgette Brown of Federal Bureau of Pris-ons Northeast Regional Office, 200 Chestnut Street. 7th Floor, U.S. Customs House, Philadelphia, PA 19106, (215) 521-7470, 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 tbr 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)

RFQ-TDAT-032-11 Page 10 of 29

52.27-103-72 DOJ 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 he from a country allied with the U.S. The followin g website provides current inform-ation regarding allied countries: http://www.opm.goviemployfhtml/citizen.htni

By signing this contract or commitment document, or by commencin g 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 arc 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 acknowled ging 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]

52.209-8 Updates Of Information Regarding Responsibility Matters (Apr 2010)

RFQ-TDAT-032-11 Page 11 of 29

(a) The Contractor shall update the information in the Federal Awardec Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throu ghout the life of the contract, by entering the required information in the Central Contractor Registration data-base at http://www.ccr.gov (sec 52.204-7).

(b)(1) The Contractor will receive notification when the Government posts new information to the Contractor's record.

The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

With the exception of the Contractor, only Government personnel and authorized users performing business on behalf of the Gov-ernment will be able to view the Contractor's record in the system. Public requests for system information will be handled under Free-dom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of clause)

52.216-1S 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 first day through the last day of the contracts ef-fective period.

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

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

(End of clause)

52.216-19 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 obli gated 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 identified on the standard form 1449(block 21, quantity) within the current contract period;

Any order for a combination of items in excess of the estimated quantities identified on the standard form 1449(block 21, quantity) within the current contract 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 (h) 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 arc 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.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in

RFQ-TDAT-032-11 Page 12 of 29 the Schedule that arc 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.

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

(End of clause)

52.217-8 Option to Extend Services (Nov 1999)

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

(End of clause)

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

The Government may extend the term of this contract by written notice to the Contractor within the current contract 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 he 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 options under the clause 52.217-8, Option to Extend Services).

(End of clause)

52.232-18 A \ ailability 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)

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

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.

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.

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 atter the end of the contract term must also be provided.

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.

RFQ-TDAT-032-11 Page 13 of 29

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.

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.

52.252-2 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 re-quest, 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

(End of clause)

[END OF ADDENDUM TO FAR 52.212-41

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Apr 2010)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this con-tract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

—Alternate I (Aug 2007) of 52.222-50 (22 U.S.C.7104(g)).

52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incor-porated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(Contracting Officer check as appropriate.]

XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252. Title VI, Chapter 1 (41 U.S.C. 251 note)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Mar 2009) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Mar 2009) (Pub. L. 111-5).

52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[Reserved]

(8)(i)52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

Alternate I (Oct 1995) of 52.219-6.

Alternate II (Mar 2004) of 52.219-6.

RFQ-TDAT-032-11 Page 14 of 29

(9)(i)52.219-7, Notice of Partial Small Business Set-Aside (June 2003) ( I 5 U.S.C. 644).

Alternate 1 (Oct 1995) of 52.219-7.

Alternate II (Mar 2004) of 52.219-7.

XX (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

XX (11)(i)52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637(d)(4).

(ii) Alternate I (Oct 2001) of 52.219-9.

XX (iii) Alternate II (Oct 2001) of 52.219-9.

52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(14)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

(ii) Alternate I (June 2003) of 52.219-23.

52.219-25, Small Disadvantaged Business Participation Pro gram -- Disadvanta ged Status and Reporting (Apr 2008) (Pub. L.

103-355, section 7102, and 10 U.S.C. 2323).

52.219-26, Small Disadvantaged Business Participation Pro gram --Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, sec-tion 7102, and 10 U.S.C. 2323).

(17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 0.

XX(I8) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

XX (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

(20) 52.222-19, Child Labor -- Cooperation with Authorities and Remedies (Aug 2009) (EX/ 13126).

XX (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

XX (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

XX (23) 52.222-35, Equal Opportunity for Special Disabled Vctcrans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

XX (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

XX (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

XX(26) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(27)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.

6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

_(28) 52.223-15, Energy Efficiency in Ener gy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

(29)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O.

13423).

(ii) Alternate I (Dec 2007) of 52.223-16.

(30) 52.225-1, Buy American Act -- Supplies (Feb 2009) (41 U.S.C. 10a-10d).

(31)(i) 52.225-3, Buy American Act -- Free Trade Agreements -- Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

(ii) Alternate I (Jan 2004) of 52.225-3.

Alternate II (Jan 2004) of 52.225-3.

(32) 52.225-5, Trade Agreements (Au g 2009) (19 U.S.C. 2501. et seq., 19 U.S.C. 3301 note).

XX (33) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(0).

52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 C.S.C. 255(f), 10 U.S.C. 2307(0).

XX (38) 52.232-33, Payment by Electronic Funds Transfer -- Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

RFQ-TDAT-032-11 Page 15 of 29

52.232-34, Payment by Electronic Funds Transfer -- Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

(41) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(42)(i)52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

52.222-42, Statement of Equivalent Rates for Federal I fires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C.

351, et seq.).

_(5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain…