Solicitation.Lawrence.pdf

U.S. Department of Justice

Federal Bureau of Prisons

Contracting Field Office

Youngstown, Ohio 44505

May 16, 2009

Re: RFQ-TDAT-042-0 Lawrence, Massachusetts

All Interested Parties:

This Request for Quotation (RFQ) is to provide mental health and substance abuse treatment services for male and female offenders held under authority of the United States in Lawrence, Massachusetts. Services are to be provided in accordance with the enclosed statement of work entitled “Federal Bureau of Prisons, Community Transitional Drug Abuse Treatment (TDAT) and Mental Health Treatment Services, revised March 2009.”

The following must be completed and submitted with your quote:

Standard Form (SF) 1449 - Solicitation/Contract/Order for Commercial Items - Please complete blocks 17a, 23, 24, 30a, 30b and 30c on the SF-1449 and 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 required to submit Annual Representations and Certifications via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. By submission of a quote under this solicitation, the quoter acknowledges completion of the annual representations and certifications via ORCA and verifies, by the 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 applicable to this solicitation. All quoters must be capable of and comply with FAR 204-7, Central Contractor Registration (OCT 2003) and FAR 204-6, Data Universal Numbering System (DUNS) Number (OCT 2003). Submission of your quote constitutes compliance.

Federal Bureau of Prisons Service Contract Business Management Questionnaire

Required Documentation Identified at A.12, Addendum to FAR 52.212-1, Instructions to Quoters - Submission of Quotes

The Government shall award to the lowest priced, responsive and responsible quoter. Award will be acceptance of your quote, therefore, ensure that all requirements can be satisfied.

Please note the inclusion of FAR clause 52.219-4, Limitations on Subcontracting (DEC 1996). This clause restricts to 50% the amount of services that may be subcontracted. Also, please note that all contractors must meet the licensing requirements for the state in which services will be performed and all providers must meet the background/security requirements listed in the SOW.

http://orca.bpn.gov.

Please submit one original and one copy of your signed quotation so as to be received by JUNE 12, 2009, to the following address:

Jennifer R. Unger Contracting Officer Federal Bureau of Prisons 2240 Hubbard Road Youngstown, Ohio 44505

The solicitation will be distributed solely through the General Services Administration’s Federal Business Opportunities website (http://www.fedbizopps.gov). Hard copies of the solicitation document will not be available. The website provides downloading instructions. All future information about this solicitation, including solicitation amendments, will also be solely distributed through this website. Interested parties are responsible for monitoring this website to ensure they have the most up-to-date information about this solicitation.

Please place any questions in writing and fax them to 330-884-7396 to may attention or by email to jxunger@bop.gov.

Sincerely, //s//

Jennifer R. Unger Contracting Officer http://(http://www.fedbizopps.gov).

mailto:cstewart1@bop.gov).

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NO.

059-0

PAGE OF PAGES

1 52

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NO.

RFQ-TDAT-042-0

6. SOLICITATION ISSUE DATE

05/16/2009

7. FOR SOLIC ITATION

INFORMATION CALL

a. NAME

Jennifer Unger

b. TELEPHONE NO. (No collect calls)

(330) 884-7396

8. OFFER DUE DATE/LOCAL TIME

06/12/2009

9. ISSUED BYCODE 10. THIS ACQUISITION IS 11. DELIVERY FOR FOB 12. DISCOUNT TERMS

Department of Justice

Federal Bureau of Prisons

X UNRESTRICTED

SET ASIDE: 100% FOR

SMALL BUSINESS

DESTINATION UNLESS

BLOCK IS MARKED

G SEE SCHEDULE

Privatized Corrections Contracting G SMALL DISADV. BUSINESS G 13a. THIS CONTRACT IS A RATED ORDER

2240 Hubbard Road G 8(A) 13b. RATING

Youngstown, Ohio 44505 NAICS: 621420

SIZE STANDARD: $10 MILLION

14. METHOD OF SOLICITATION

X RFQ G IFB G RFP

15. DELIVER TOCODE 16. ADMINISTERED BY CODE

Federal Bureau of Prisons Regional TDAT Coordinator U.S. Custom House, 7 Floorth

200 Chestnut Street

Philadelphia, PA 19106

Administrative Contracting Officer Federal Bureau of Prisons

Privatized Corrections Contracting

2240 Hubbard Road

Youngstown, OH 44505

17a. CONTRACTOR/CODE

OFFEROR

FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

PHONE:

FAX:

EMAIL:

T IN:

DUN:

Federal Bureau of Prisons NERO – Accounting Office U.S. Custom House, 7 Floorth

200 Chestnut Street Philadelphia, PA 19106

G 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOW N IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED G SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Provide OUTPATIENT Transitional

Drug Abuse Treatment (TDAT) and

Mental Health services to offenders residing in a residential re-entry center or home confinement in Lawrence, Massachusetts. Please see the attached continuation pages.

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE G ARE NOT ATTACHED.

G 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA G ARE G ARE NOT ATTACHED.

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN __1__ 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 HEREIN.

29. AWARD OF CONTRACT: _______________________________________

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

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOC A L R E P R O D U C T I O N STANDARD FORM 1449 (Rev 3/2005) PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

CONTINUATION OF SF-1449, Blocks 19-24 Page 2 of 52

SCHEDULE OF SUPPLIES/SERVICES

The contractor shall be capable of providing outpatient transitional drug abuse (TDAT) and mental health services to offenders confined in a Residential Re-entry Center (RRC) in Lawrence, Massachusetts. The location where services are to be provided must be within a 10 mile radius of the current residential center located at 165 Marston Street, Lawrence, Massachusetts, and within .8 miles of a direct bus route.

Services shall be performed in accordance with the attached Statement of Work entitled “Federal Bureau of Prisons Community Transitional Drug Abuse Treatment (TDAT) & Mental Health Treatment Services, revised March 2009 .”

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 using 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 Criteria below. Any quotation not meeting 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 be 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 be considered for award.

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

1. The proposed facility is within the geographical restriction provided in Section 20, Description of Services, on the SF-1449;

2. An approval memorandum from the RRC authorized negotiator is submitted with the quote if services are to be provided at the local residential reentry center (RRC), The RRC must be licensed to provide the services.

3. Both the primary contract holder and direct service provider must be a licensed/certified professional in the state in which service is provided with documented experience in providing all services listed in the Schedule of services. A copy of their current license in the state where service will be provided must be submitted;

4. In addition, a copy of a current license, from the licensing board of the State, for each person providing direct service to Bureau inmates must be submitted with quote;

5. The contractor has a board certified or board eligible member of the American Board of Psychiatry or the American Osteopathic Board of Neurology and Psychiatry on staff or under contract to provide the medication monitoring services. . The contractor may have other qualified practitioner with prescriptive authority who meet the standards of practice established in the state in which service is provided. The individual’s license must be submitted with the quote.

CONTINUATION OF SF-1449, Blocks 19-24 Page 3 of 52

PRICING:

Prices offered to the Government shall be as low as or lower than those charges to 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 entitled ordering of this solicitation, 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 following nine of sixteen Billing Definitions listed on pages 20-23 of the Statement of Work are required for this RFQ: Intake Assessment (2011); Individual Counseling (2010); Group Counseling (2020); Psychiatric Evaluation & Report (5030); Mental Health Individual Counseling (6010); Mental Health Group Counseling (6020); Mental Health Intake Assessment & Report (5011); Medication Monitoring (6051); Psychotropic Medication (6040).

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.

The estimated number of inmates for TDAT and Mental Health Services is as follows:

EA= one (1) each U= one (1) unit

CONTINUATION OF SF-1449, blocks 19-24 Page 4 of 52

Item # Item Quantity Unit Unit

Price

Extended

Amount

BASE PERIOD:

October 1, 2009 through September 30, 2010

Estimated number of Inmates = 15

0001 Intake Assessment & Report - 2011 (one per inmate) 15 EA

0002 Individual Counseling - 2010 (30 minutes = 1 Unit) 360 U

0003 Group Counseling - 2020 (30 minutes = 1 Unit) 1,080 U

0004 Psychiatric Eval & Report - 5030 (one per inmate) 1 EA

0005 Mental Health Individual Counseling - 6010

(30 minutes = 1 Unit)

24 U

0006 Mental Health Group Counseling - 6020

(30 minutes = 1 Unit)

12 U

0007 Mental Health Intake & Assessment 3 EA

0008 Medication Monitoring - 6051 (one per visit) 6 U

0009 Psychotropic Medication - 6040 (one per visit) 6 U

BASE YEAR TOTAL:

NOTE: Mental Health Services may be subcontracted out to another contractor.

CONTINUATION OF SF-1449, blocks 19-24 Page 5 of 52

Price

Extended

Amount

OPTION YEAR ONE:

October 1, 2010 through September 30, 2011

Estimated number of Inmates = 16

0010 Intake Assessment & Report - 2011 (one per inmate) 16 EA

0011 Individual Counseling - 2010 (30 minutes = 1 Unit) 384 U

0012 Group Counseling - 2020 (30 minutes = 1 Unit) 1,152 U

0013 Psychiatric Eval & Report - 5030 (one per inmate) 1 EA

0014 Mental Health Individual Counseling - 6010

(30 minutes = 1 Unit)

24 U

0015 Mental Health Group Counseling - 6020

(30 minutes = 1 Unit)

12 U

0016 Mental Health Intake & Assessment 3 EA

0017 Medication Monitoring - 6051 (one per visit) 6 U

0018 Psychotropic Medication - 6040 (one per visit) 6 U

OPTION ONE TOTAL:

CONTINUATION OF SF-1449, blocks 19-24 Page 6 of 52

Price

Extended

Amount

OPTION YEAR TWO:

October 1, 2011 through September 30, 2012

Estimated number of Inmates = 17

0019 Intake Assessment & Report - 2011 (one per inmate) 17 EA

0020 Individual Counseling - 2010 (30 minutes = 1 Unit) 408 U

0021 Group Counseling - 2020 (30 minutes = 1 Unit) 1,224 U

0022 Psychiatric Eval & Report - 5030 (one per inmate) 1 EA

0023 Mental Health Individual Counseling - 6010

(30 minutes = 1 Unit)

24 U

0024 Mental Health Group Counseling - 6020

(30 minutes = 1 Unit)

12 U

0025 Mental Health Intake & Assessment 3 EA

0026 Medication Monitoring - 6051 (one per visit) 6 U

0027 Psychotropic Medication - 6040 (one per visit) 6 U

OPTION TWO TOTAL:

CONTINUATION OF SF-1449, blocks 19-24 Page 7 of 52

Price

Extended

Amount

OPTION YEAR THREE:

October 1, 2012 through September 30, 2013

Estimated number of Inmates = 18

0028 Intake Assessment & Report - 2011 (one per inmate) 18 EA

0029 Individual Counseling - 2010 (30 minutes = 1 Unit) 432 U

0030 Group Counseling - 2020 (30 minutes = 1 Unit) 1,296 U

0031 Psychiatric Eval & Report - 5030 (one per inmate) 1 EA

0032 Mental Health Individual Counseling - 6010

(30 minutes = 1 Unit)

24 U

0033 Mental Health Group Counseling - 6020

(30 minutes = 1 Unit)

12 U

0034 Mental Health Intake & Assessment 4 EA

0035 Medication Monitoring - 6051 (one per visit) 8 U

0036 Psychotropic Medication - 6040 (one per visit) 8 U

OPTION THREE TOTAL:

CONTINUATION OF SF-1449, blocks 19-24 Page 8 of 52

Price

Extended

Amount

OPTION YEAR FOUR:

October 1, 2013 through September 30, 2014

Estimated number of Inmates = 19

0037 Intake Assessment & Report - 2011 (one per inmate) 19 EA

0038 Individual Counseling - 2010 (30 minutes = 1 Unit) 456 U

0039 Group Counseling - 2020 (30 minutes = 1 Unit) 1,368 U

0040 Psychiatric Eval & Report - 5030 (one per inmate) 1 EA

0041 Mental Health Individual Counseling - 6010 (30 minutes = 1 Unit)

24 U

0042 Mental Health Group Counseling - 6020 (30 minutes = 1 Unit)

12 U

0043 Mental Health Intake & Assessment 4 EA

0044 Medication Monitoring - 6051 (one per visit) 8 U

0045 Psychotropic Medication - 6040 (one per visit) 8 U

OPTION FOUR TOTAL:

TOTAL CONTRACT PRICE (BASE + 4 OPTION YEARS) = _________________

CONTRACT CLAUSES Page 9 of 52

A.1 ADDENDUM TO FAR 52.212-4, CONTRACT TERM S AND CONDITIONS-- COMMERCIAL ITEMS

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

A.2 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):

http://www.arnet.gov/far

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER DATE TITLE

52.204-4 AUG 2000 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER

52.212-4 MAR 2009 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS

52.216-21 OCT 1995 REQUIREMENTS

End of paragraph (f) shall read: “the last day of the contract’s effective period.”

52.217-8 NOV 1999 OPTION TO EXTEND SERVICES

Last sentence shall read: “The Contracting Officer may exercise the option by written notice tot he Contractor prior tot he expiration of the current contract period.”

52.224-1 APR 1984 PRIVACY ACT NOTIFICATION

52.224-2 APR 1984 PRIVACY ACT

52.232-19 APR 1984 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

52.237-7 JAN 1997 INDEMNIFICATION AND MEDICAL LIABILITY

INSURANCE: End of paragraph (a) shall read: $1,000,000.00"

52.242-15 AUG 1989 STOP-WORK ORDER

52.253-1 JAN 1991 COMPUTER GENERATED FORMS

The following clauses are incorporated into this solicitation/contract by full text as follows:

A.3 52.216-18 ORDERING (OCT 1995)

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

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

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

[End of Clause]

A.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one for any single item listed on the SF-1449 continuation pages 2 through 8 in blocks 19-24, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) 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 performance period;

(2) 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 performance period or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition

Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

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

A.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor prior to expiration of the current contract period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years

(excluding the exercise of any option under the clause 52.217-8, Option to Extend Services).

[End of Clause]

A.6 CONTRACT M ONITOR (CM) (AUG 2008)

(a) The Regional TDAT Coordinator of the Federal Bureau of Prisons, Northeast Regional Office, Philadelphia, PA

(or others later assigned by the Contracting Officer), is hereby designated to act as the Contract Monitor (CM) under this contract.

(b) The CM 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 contract 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 CM 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 contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

[End of Clause]

A.7 DEPARTM ENT OF JUSTICE (DOJ) RESIDENCY REQUIREM ENT - BUREAU OF PRISONS CLAUSE

(JUN 2004)

For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commitment, 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; or

3. been a dependent of a Federal or military employee serving overseas.

If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current information 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]

A.8 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA OR OTHER

NATIONAL EM ERGENCY (MAY 2008)

During a Pandemic or other emergency, we understand that our contractor workforce will experience the same high levels of absenteeism 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 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 service.

• Contractors should 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 remote 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 telework 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 accomplish work.

• Practice telework regularly to ensure effectiveness.

• Make it clear that in emergency situations, employees must performance 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 Bureau of Prisons (BOP) to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her absence, the Contracting Officer’s Technical Representative, via telephone or e-mail messages acknowledging the contractor’s notification. The incumbent contractor is responsible for assisting the BOP in estimating the adverse impacts of nonperformance and to work diligently with the BOP to develop a strategy for maintaining continuity of operations.

The BOP does reserve the right in such emergency situations to use Federal employees, employees of other agencies, contracting 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 Policy issuance

“Emergency Acquisitions”, dated May 2007 and Subpart 18.2, Emergency Acquisition Flexibilities, of the Federal

Acquisition Regulations.

(End of Clause)

[END OF ADDENDUM TO FAR 52.212-4]

A.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAR 2009)

• As prescribe in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (MAR

2009).

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

(1) 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)).

(2) 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 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.]

XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 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 (DEC 2008)(Pub. L. 110-252, Title VI, Chapter 1 (42 U.S.C. 251 note)).

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

XX (4) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005)

(if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (5) [Reserved]

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

__ (ii) Alternate I (OCT 1995) of 52.219-6

__ (iii) Alternate II (MAR 2004) of 52.219-6

__ (7) (I) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

__ (ii) Alternate I (OCT 1995) of 52.219-7

__ (iii) Alternate II (MAR 2004) of 52.219-7

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

XX (9) (I) 52.219-9, Small Business Subcontracting Plan (SEP 2006) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (OCT 2001) of 52.219-9

__ (iii) Alternate II (OCT 2001) of 52.219-9

XX (10) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

(11) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(I)).

__ (12) (I) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns

(SEP 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (JUN 2003) of 52.219-23.

__ (13) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged

Status and Reporting (OCT 1999) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (14) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT

2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (15) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004)

XX (16) 52.219-28, Post Award Small Business Program Representation (June 2007) (15 U.S.C. 632(a)(2).)

XX (17) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

__ (18) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2006) (E.O. 13126).

XX (19) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

XX (20) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

XX (21) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other

Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

XX (22) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

XX (23) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and

Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

XX (24) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004)

(E.O. 13201).

XX (25)(i)52.222-50, Combating Trafficking in Persons (AUG 2007)(Applies to All Contracts)

___ (ii) Alternate I (AUG 2007) of 52.222-50.

___ (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 Products

(AUG 2000) (42 U.S.C. 6962(c)(3)(A)(ii)).

__ (ii) Alternate I (AUG 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)©).

__ (28) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259c)

(29) (i) 52.233-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products

(DEC 2007)(E.O. 13423).

(ii) Alternate I (DEC 2007) of 52.233-16.

(30) 52.225-1, Buy American Act--Supplies (JUN 2003) (41 U.S.C. 10a-10d).

__ (31) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (NOV 2006) (41 U.S.C.

10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, 109-53 and

109-169).

__ (ii) Alternate I (JAN 2004) of 52.225-3.

__ (iii) Alternate II (JAN 2004) of 52.225-3.

__ (32) 52.225-5, Trade Agreements (NOV 2006) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

__ (34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (42 U.S.C. 5150).

__ (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (42 U.S.C. 5150).

__ (36) 52.232-29, Terms of Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10

U.S.C. 2307(f)).

__ (37) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C.

2307(f)).

XX (38) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31

U.S.C. 3332).

__ (39) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY

1999) (31 U.S.C. 3332).

__ (40) 52.232-36, Payment by Third Party (MAY 1999) (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.]

__ (1) 52.222-41, Service Contract Act of 1965, as Amended (JUL 2005) (41 U.S.C. 351, et seq.).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C.

351, et seq.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and

Option Contracts) (NOV 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (FEB 2002) (29

U.S.C. 206 and 41 U.S.C. 351, et seq.).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) or (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ii) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and

Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC

2004) (E.O. 13201).

(vi) 52.222-41, Service Contract Act of 1965, as Amended (JUL 2005), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.).

(vii) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

[End of Clause]

CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

A.10 LIST OF ATTACHMENTS

The following attachments are hereby incorporated into this solicitation/contract:

Attachment I: Business Management Questionnaire (2 pages)

Attachment II: Sample Bank Notification Letter (1page)

Attachment III: Statement of Work (24 pages)

SOLICITATION PROVISIONS

A.11 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.arnet.gov/far

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) PROVISIONS

NUMBER DATE TITLE

52.212-1 JUN 2008 INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS

A.12 ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS

The provision at 52.212-1 is hereby tailored to modify paragraph (b) “Submission of Offers.”

At a minimum, quoters shall submit all of the following documentation:

1. Completed SF 1449 (blocks 12, 17a, 17b, 23, 24, 30a, 30b, and 30c).

2. Signed copy of any solicitation amendments.

3. Completed copy of the representations and certifications at FAR 212-3 (see paragraph (k) of that clause for those representations and certifications that the quoter shall submit electronically).

4. Completed Federal Bureau of Prisons Service Contract Business Management Questionnaire.

5. Copy of Bank Notification Letter.

6. Proof that the proposed facility is licensed/certified (as required by the controlling state, county, city or other controlling public entity or authority).

7. Self-certification that the proposed facility meets all local zoning and fire codes.

8. If services are to be performed at the local RRC, a letter from the RRC’s authorized negotiator stating the quoter has permission to use the RRC must be provided with the quote.

9. Proof that the proposed facility is within the geographical restriction stated in Block 20, Description of Services on the SF-1449.

10. Copies of licenses/certified clinical professional (e.g. psychologist, social worker, etc.) with documented substance abuse training to oversee the Program. Individuals shall be licensed in the State in which services will be provided to offenders.

11. Documentation of having a board-certified-eligible member of the American Osteopathic Board of Neurology and

Psychiatry on staff or under contract to provide the medication monitoring services.

12. Proof of Indemnification and Medical Liability Insurance in the amount of $1,000,000.00.

13. Documentation proving capability to meet all requirements defined on Page 2 under the heading “Decision Rule

Criteria.”

Quoters who fail to furnish any of the above submission requirements may be excluded from consideration.

Quotations shall be submitted on or before the quotation deadline specified in Block 8 of the Standard Form 1449, page 1 of the solicitation. Quotations shall be submitted to the following address:

Jennifer Unger, Contracting Officer

Federal Bureau of Prisons

2240 Hubbard Road

Youngstown, Ohio 44505

At paragraph (c), “Period of acceptance of offers, the amount of time the quoter agrees to hold the prices in its quote firm is changed to 90 calendar days from the date specified for receipt of quotes. Submission of each proposal revision in response to discussions will automatically extend the acceptable period for an additional 90 days from the date of proposal revision.

The following paragraphs are not applicable to this solicitation:

d) Product samples

e) Multiple offers

h) Multiple awards

l) Availability of requirements documents cited in the solicitation

[END OF ADDENDUM TO FAR 52.212-1]

The following provisions are incorporated into this solicitation by full text as follows:

A.13 52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Procurement Executive

Federal Bureau of Prisons

320 First Street, N.W., Room 5006

Washington, D.C. 20534

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the

GAO.

[End of Provision]

A.14 52.212-2 EVALUATION - COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, based on the lowest evaluated price and other non-price factors. Prior to evaluating any offer, the Government will first determine if:

1. The quote meets the minimum requirements outlined in the Decisional Rule Criteria (see Continuation Page 2 of the SF 1449, Decisional Rule Criteria), and

2. Price will be the deciding factor among offers found to be acceptable in the above non-price factors.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer’s specified expiration time, the Government may accept an offer (or Part of an offer) whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

[End of Provision]

A15 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-- COMMERCIAL ITEMS (FEB 2009)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs © through (m) of this provision.

(a) Definitions. As used in this provision--

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"Forced or indentured child labor" means all work or service--

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except--

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10)FSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person conducting the business can demonstrate-

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Service-disabled veteran-owned small business concern"--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

"Veteran-owned small business concern" means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women;

or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women;

and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror

Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at © through (m) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United

States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern.

(3) Service-disabled…