Solicitation.pdf

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b.SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

GOVERNMENT REPRESENTATIVE

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

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

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

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 3/2005) BACK

RFQ-TDAT-044-11 Page 2 of 31

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2.1 CONTINUATION OF SF-1449, BLOCK 20

3 Contract Clauses

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

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

2004)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

OR OTHER NATIONAL EMERGENCY (May 2008) 52.209-8 Updates Of Information Regarding Responsibility Matters (Apr 2010) 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.227-1 Authorization and Consent (Dec 2007) 52.229-3 Federal, State and Local Taxes (Apr 2003) 52.232-18 Availability Of Funds (Apr 1984) 52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984) 52.237-7 Indemnification and Medical Liability Insurance (Jan 1997)

4 List of Attachments 5 Solicitation Provisions

52.209-7 Information Regarding Responsibility Matters (Apr 2010)

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005). . . 23

52.212-1 Addendum Instructions to Offerors-Commerical Items (June 2008) 52.233-2 Service of Protest (Sept 2006) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) 52.212-2 Evaluation - Commercial Items (Jan 1999)

RFQ-TDAT-044-11 Page 3 of 31

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Intake Assessments (2011) - Estimated 1 per inmate; Estimated 42 inmates

Base period - January 1, 2011 - December 31, 2011

42.000000 EA $____________ $___________________

0002 Individual Counseling (2010) (30 minutes equals 1 unit) - Estimated 48 Units per inmate; Estimated 42 inmates

Base period - January 1, 2011 - December 31, 2011

2,016.000000 EA $____________ $___________________

0003 Group Counseling (2020) (30 minutes equals 1 unit) - Estimated 72 Units per inmate; Estimated 42 inmates

Base period - January 1, 2011 - December 31, 2011

3,024.000000 EA $____________ $___________________

0004 Family Counseling (2030) (30 minutes equals 1 unit) - Estimated 20 Units per inmate; Estimated 6 inmates

Base period - January 1, 2011 - December 31, 2011

120.000000 EA $____________ $___________________

0005 Psychiatric Evaluation and Report (5030) - Estimated 1 per inmate;

Estimated 20 inmates

Base period - January 1, 2011 - December 31, 2011

20.000000 EA $____________ $___________________

0006 Mental Health Intake Assessment and Report (5011) - Estimated 1 per inmate; Estimated 20 inmates

Base period - January 1, 2011 - December 31, 2011

20.000000 EA $____________ $___________________

0007 Individual Counseling - Mental Health (6010) (30 minutes equals 1 unit) - Estimated 48 Units per inmate; Estimated 20 inmates

Base period - January 1, 2011 - December 31, 2011

960.000000 EA $____________ $___________________

0008 Mental Health Medication Monitoring (6051) - Estimated 12 Units per inmate; Estimated 20 inmates

Base period - January 1, 2011 - December 31, 2011

240.000000 EA $____________ $___________________

0009 Intake Assessments (2011) - Estimated 1 per inmate; Estimated 46 inmates

Option Year One - January 1, 2012 - December 31, 2012

46.000000 EA $____________ $___________________

0010 Individual Counseling (2010) (30 minutes equals 1 unit) - Estimated 48 Units per inmate; Estimated 46 inmates

Option Year One - January 1, 2012 - December 31, 2012

2,208.000000 EA $____________ $___________________

0011 Group Counseling (2020) (30 minutes equals 1 unit) - Estimated 72 Units per inmate; Estimated 46 inmates

Option Year One - January 1, 2012 - December 31, 2012

3,312.000000 EA $____________ $___________________

0012 Family Counseling (2030) (30 minutes equals 1 unit) - Estimated 20 Units per inmate; Estimated 7 inmates

Option Year One - January 1, 2012 - December 31, 2012

140.000000 EA $____________ $___________________

0013 Psychiatric Evaluation and Report (5030) - Estimated 1 per inmate;

Estimated 22 inmates

Option Year One - January 1, 2012 - December 31, 2012

22.000000 EA $____________ $___________________

0014 Mental Health Intake Assessment and Report (5011) - Estimated 1 per inmate; Estimated 22 inmates

Option Year One - January 1, 2012 - December 31, 2012

22.000000 EA $____________ $___________________

RFQ-TDAT-044-11 Page 4 of 31

0015 Individual Counseling - Mental Health (6010) (30 minutes equals 1 unit) - Estimated 48 Units per inmate; Estimated 22 inmates

Option Year One - January 1, 2012 - December 31, 2012

1,056.000000 EA $____________ $___________________

0016 Mental Health Medication Monitoring (6051) - Estimated 12 Units per inmate; Estimated 22 inmates

Option Year One - January 1, 2012 - December 31, 2012

264.000000 EA $____________ $___________________

0017 Intake Assessments (2011) - Estimated 1 per inmate; Estimated 51 inmates

Option Year Two - January 1, 2013 - December 31, 2013

51.000000 EA $____________ $___________________

0018 Individual Counseling (2010) (30 minutes equals 1 unit) - Estimated 48 Units per inmate; Estimated 51 inmates

Option Year Two - January 1, 2013 - December 31, 2013

2,448.000000 EA $____________ $___________________

0019 Group Counseling (2020) (30 minutes equals 1 unit) - Estimated 72 Units per inmate; Estimated 51 inmates

Option Year Two - January 1, 2013 - December 31, 2013

3,672.000000 EA $____________ $___________________

0020 Family Counseling (2030) (30 minutes equals 1 unit) - Estimated 20 Units per inmate; Estimated 8 inmates

Option Year Two - January 1, 2013 - December 31, 2013

160.000000 EA $____________ $___________________

0021 Psychiatric Evaluation and Report (5030) - Estimated 1 per inmate;

Estimated 24 inmates

Option Year Two - January 1, 2013 - December 31, 2013

24.000000 EA $____________ $___________________

0022 Mental Health Intake Assessment and Report (5011) - Estimated 1 per inmate; Estimated 24 inmates

Option Year Two - January 1, 2013 - December 31, 2013

24.000000 EA $____________ $___________________

0023 Individual Counseling - Mental Health (6010) (30 minutes equals 1 unit) - Estimated 48 Units per inmate; Estimated 24 inmates

Option Year Two - January 1, 2013 - December 31, 2013

1,152.000000 EA $____________ $___________________

0024 Mental Health Medication Monitoring (6051) - Estimated 12 Units per inmate; Estimated 24 inmates

Option Year Two - January 1, 2013 - December 31, 2013

288.000000 EA $____________ $___________________

0025 Intake Assessments (2011) - Estimated 1 per inmate; Estimated 56 inmates

Option Year Three - January 1, 2014 - December 31, 2014

56.000000 EA $____________ $___________________

0026 Individual Counseling (2010) (30 minutes equals 1 unit) - Estimated 48 Units per inmate; Estimated 56 inmates

Option Year Three - January 1, 2014 - December 31, 2014

2,688.000000 EA $____________ $___________________

0027 Group Counseling (2020) (30 minutes equals 1 unit) - Estimated 72 Units per inmate; Estimated 56 inmates

Option Year Three - January 1, 2014 - December 31, 2014

4,032.000000 EA $____________ $___________________

0028 Family Counseling (2030) (30 minutes equals 1 unit) - Estimated 20 Units per inmate; Estimated 9 inmates

Option Year Three - January 1, 2014 - December 31, 2014

180.000000 EA $____________ $___________________

0029 Psychiatric Evaluation and Report (5030) - Estimated 1 per inmate;

Estimated 26 inmates

Option Year Three - January 1, 2014 - December 31, 2014

26.000000 EA $____________ $___________________

0030 Mental Health Intake Assessment and Report (5011) - Estimated 1 per inmate; Estimated 26 inmates

Option Year Three - January 1, 2014 - December 31, 2014

26.000000 EA $____________ $___________________

RFQ-TDAT-044-11 Page 5 of 31

0031 Individual Counseling - Mental Health (6010) (30 minutes equals 1 unit) - Estimated 48 Units per inmate; Estimated 26 inmates

Option Year Three - January 1, 2014 - December 31, 2014

1,248.000000 EA $____________ $___________________

0032 Mental Health Medication Monitoring (6051) - Estimated 12 Units per inmate; Estimated 26 inmates

Option Year Three - January 1, 2014 - December 31, 2014

312.000000 EA $____________ $___________________

0033 Intake Assessments (2011) - Estimated 1 per inmate; Estimated 61 inmates

Option Year Four - January 1, 2015 - December 31, 2015

61.000000 EA $____________ $___________________

0034 Individual Counseling (2010) (30 minutes equals 1 unit) - Estimated 48 Units per inmate; Estimated 61 inmates

Option Year Four - January 1, 2015 - December 31, 2015

2,928.000000 EA $____________ $___________________

0035 Group Counseling (2020) (30 minutes equals 1 unit) - Estimated 72 Units per inmate; Estimated 61 inmates

Option Year Four - January 1, 2015 - December 31, 2015

4,392.000000 EA $____________ $___________________

0036 Family Counseling (2030) (30 minutes equals 1 unit) - Estimated 20 Units per inmate; Estimated 10 inmates

Option Year Four - January 1, 2015 - December 31, 2015

200.000000 EA $____________ $___________________

0037 Psychiatric Evaluation and Report (5030) - Estimated 1 per inmate;

Estimated 28 inmates

Option Year Four - January 1, 2015 - December 31, 2015

28.000000 EA $____________ $___________________

0038 Mental Health Intake Assessment and Report (5011) - Estimated 1 per inmate; Estimated 28 inmates

Option Year Four - January 1, 2015 - December 31, 2015

28.000000 EA $____________ $___________________

0039 Individual Counseling - Mental Health (6010) (30 minutes equals 1 unit) - Estimated 48 Units per inmate; Estimated 28 inmates

Option Year Four - January 1, 2015 - December 31, 2015

1,344.000000 EA $____________ $___________________

0040 Mental Health Medication Monitoring (6051) - Estimated 12 Units per inmate; Estimated 28 inmates

Option Year Four - January 1, 2015 - December 31, 2015

336.000000 EA $____________ $___________________

2.1 CONTINUATION OF SF-1449, BLOCK 20

SCHEDULE OF SUPPLIES/SERVICES

The contractor shall be capable of providing outpatient substance abuse and mental health services to offenders confined in community-based programs. The contractor shall provide a physical location from where all re-quired services can be provided. Location must be within five mile radius of the intersection of N. Military Trail and Okeechobee Blvd., West Palm Beach, FL 33409 and should be accessible to local public transporta-tion.

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

The performance period for the resulting contract will be a one-year base period (to begin upon the effective date of contract award) and four additional one-year option periods. The anticipated total contract period is five years. The anticipated performance start date is January 1, 2011.

RFQ-TDAT-044-11 Page 6 of 31

Services under this contract may be subcontracted.

Transitional Drug Abuse Treatment Decisional Rule Criteria Lowest Cost Technical Ac-ceptable:

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

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

3. The quoter has proof that the agency is licensed and/ certified to provide drug abuse and mental health treat-ment in the State in which service will occur. The quoter should submit copy of the current agency license and/ or certification.

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

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

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

7. The quoter has the name (s) and current license (s) of someone with prescriptive authority who meets the standards of practice established in the State in which performance will occur. A copy of the individual(s) cur-rent license from the licensing board of the State is required..

8. The quoter has included the name(s), position, education, experience and license (s) of those individuals that will provide direct services. A list of name(s) and position of each staff. A resume of each staff providing direct services.

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

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

11. The quoter must demonstrate they have plans for emergency situations to include a contingency plan for sui-cidal inmates. A copy of the quoters plan for emergency situations to include a contingency plan for suicidal in-

RFQ-TDAT-044-11 Page 7 of 31 mates.

12. The quoter must provide or have access to appropriately credentialed bilingual (Spanish) staff for Spanish speaking inmates. The bilingual services shall be available to Spanish speaking inmates as long as there is a need for bilingual (Spanish) services. A copy of the quoters plan for communicating with Spanish speaking in-mates to include access to appropriately credentialed bilingual (Spanish) staff.

13. The quoter must have Master's level counselors to perform all direct services. A copy of each individual's resume listing the highest degree received.

PRICING

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

DELIVERIES

In accordance with Federal Acquisition Regulation (FAR) 16.505, and the clause located in FAR 52.216-18, Ordering, states that any supplies or services to be furnished under this contract shall be ordered by issuance of task orders by a warranted Contracting Officer in the 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 con-tract number should be submitted on a monthly basis in duplicate to the Regional TDAT Coordinator indicated in Item 15 of the SF-1449.

The United States Probation Office is an authorized user under this contract.

RFQ-TDAT-044-11 Page 8 of 31

Section 3 - Contract Clauses

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far

Clause Title

52.253-1 Computer Generated Forms (Jan 1991)

52.242-15 Stop-Work Order (Aug 1989)

52.224-2 Privacy Act (Apr 1984)

52.224-1 Privacy Act Notification (Apr 1984)

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)

Clauses by Full Text

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

(a) Mr./Ms. Karen Bredeson-Maury of Federal Bureau of Prisons Southeast Regional Office , 719 McDonough Blvd, SE, Atlanta, GA 30315, is hereby designated to act as Contracting Officer's Technical Representative (COTR) under this contract.

(b) The COTR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the con-tract effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COTR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contrac-tual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

(End of Clause)

52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)

For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commit-ment, individuals or contractor employees providing services must have:

1. Legally resided in the United States (U.S.);2. worked for the U.S. overseas in a Federal or military capacity; or3. been a dependent of a Federal or military employee serving overseas.

If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current inform-ation regarding allied countries: http://www.opm.gov/employ/html/citizen.htm

By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.

[End of Clause]

RFQ-TDAT-044-11 Page 9 of 31

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

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

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

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

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

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

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

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

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

• Integrate pandemic health crisis response expectations into telework agreements.

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

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

• Practice telework regularly to ensure effectiveness.

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

• Identify how time and attendance will be maintained.

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

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

[End of Clause]

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010)

(a) Definitions. As used in this clause—

“Agency” means “executive agency” as defined in Federal Acquisition Regulation (FAR) 2.101.

“Covered Federal action” means any of the following actions:

(1) Awarding any Federal contract.

(2) Making any Federal grant.

(3) Making any Federal loan.

(4) Entering into any cooperative agreement.

(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.

“Indian tribe” and “tribal organization” have the meaning provided in section 4 of the Indian Self-Determination and Education As-sistance Act (25 U.S.C. 450b) and include Alaskan Natives.

RFQ-TDAT-044-11 Page 10 of 31

“Influencing or attempting to influence” means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Con-gress in connection with any covered Federal action.

“Local government” means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of govern-ments, a sponsor group representative organization, and any other instrumentality of a local government.

“Officer or employee of an agency” includes the following individuals who are employed by an agency:

(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.

(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.

(3) A special Government employee, as defined in section 202, Title 18, United States Code.

(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.

“Person” means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are per-mitted by other Federal law.

“Reasonable compensation” means, with respect to a regularly employed officer or employee of any person, compensation that is con-sistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.

“Reasonable payment” means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

“Recipient” includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

“Regularly employed” means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the sub-mission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency con-sideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 work-ing days.

“State” means a State of the United States, the District of Columbia, or an outlying area of the United States, an agency or instrument-ality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.

(b) Prohibition. 31 U.S.C. 1352 prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement from using appropri-ated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal actions. In ac-cordance with 31 U.S.C. 1352 the Contractor shall not use appropriated funds to pay any person for influencing or attempting to influ-ence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the award of this contractor the extension, continuation, renewal, amendment, or modification of this contract.

(1) The term appropriated funds does not include profit or fee from a covered Federal action.

(2) To the extent the Contractor can demonstrate that the Contractor has sufficient monies, other than Federal appropriated funds, the Government will assume that these other monies were spent for any influencing activities that would be unallowable if paid for with Federal appropriated funds.

(c) Exceptions. The prohibition in paragraph (b) of this clause does not apply under the following conditions:

(1) Agency and legislative liaison by Contractor employees.

(i) Payment of reasonable compensation made to an officer or employee of the Contractor if the payment is for agency and legislative liaison activities not directly related to this contract. For purposes of this paragraph, providing any information specifically requested by an agency or Congress is permitted at any time.

(ii) Participating with an agency in discussions that are not related to a specific solicitation for any covered Federal action, but that concern—

(A) The qualities and characteristics (including individual demonstrations) of the person’s products or services, conditions or terms of sale, and service capabilities; or

(B) The application or adaptation of the person’s products or services for an agency’s use.

(iii) Providing prior to formal solicitation of any covered Federal action any information not specifically requested but necessary for

RFQ-TDAT-044-11 Page 11 of 31 an agency to make an informed decision about initiation of a covered Federal action;

(iv) Participating in technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and

(v) Making capability presentations prior to formal solicitation of any covered Federal action by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Pub. L. 95-507, and subsequent amendments.

(2) Professional and technical services.

(i) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal ac-tion or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.

(ii) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal ac-tion or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Feder-al action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.

(iii) As used in paragraph (c)(2) of this clause, “professional and technical services” are limited to advice and analysis directly apply-ing any professional or technical discipline (for examples, see FAR 3.803(a)(2)(iii)).

(iv) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documents.

(3) Only those communications and services expressly authorized by paragraphs (c)(1) and (2) of this clause are permitted.

(d) Disclosure.

(1) If the Contractor did not submit OMB Standard Form LLL, Disclosure of Lobbying Activities, with its offer, but registrants under the Lobbying Disclosure Act of 1995 have subsequently made a lobbying contact on behalf of the Contractor with respect to this con-tract, the Contractor shall complete and submit OMB Standard Form LLL to provide the name of the lobbying registrants, including the individuals performing the services.

(2) If the Contractor did submit OMB Standard Form LLL disclosure pursuant to paragraph (d) of the provision at FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, and a change occurs that affects Block 10 of the OMB Standard Form LLL (name and address of lobbying registrant or individuals performing services), the Contractor shall, at the end of the calendar quarter in which the change occurs, submit to the Contracting Officer within 30 days an updated disclosure us-ing OMB Standard Form LLL.

(e) Penalties.

(1) Any person who makes an expenditure prohibited under paragraph (b) of this clause or who fails to file or amend the disclosure to be filed or amended by paragraph (d) of this clause shall be subject to civil penalties as provided for by 31 U.S.C. 1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.

(2) Contractors may rely without liability on the representation made by their subcontractors in the certification and disclosure form.

(f) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or un-reasonable. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provision.

(g) Subcontracts.

(1) The Contractor shall obtain a declaration, including the certification and disclosure in paragraphs (c) and (d) of the provision at FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, from each person re-questing or receiving a subcontract exceeding $150,000 under this contract. The Contractor or subcontractor that awards the subcon-tract shall retain the declaration.

(2) A copy of each subcontractor disclosure form (but not certifications) shall be forwarded from tier to tier until received by the prime Contractor. The prime Contractor shall, at the end of the calendar quarter in which the disclosure form is submitted by the subcontract-or, submit to the Contracting Officer within 30 days a copy of all disclosures. Each subcontractor certification shall be retained in the subcontract file of the awarding Contractor.

(3) The Contractor shall include the substance of this clause, including this paragraph (g), in any subcontract exceeding $150,000.

(End of clause)

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

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

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

RFQ-TDAT-044-11 Page 12 of 31

(2) 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.

(3) 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)

52.216-18 Ordering (Oct 1995)

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

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

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

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one for any single item listed on the SF1449 in Blocks 19-24, Schedule of Supplies/Services(pages 1, 4-6), 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 SF-1449 (Block 21, Quantity) within the current contract performance period;

(2) Any order for a combination of items in excess of the estimated quantities identified on the SF-1449 (Block 21, Quantity) within the current contract performance period; or

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

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regula-tion (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limita-tions in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-21 Requirements (Oct 1995)

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

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

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

RFQ-TDAT-044-11 Page 13 of 31

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

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

(End of clause)

52.217-8 Option to Extend Services (Nov 1999)

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

(End of clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 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.

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

(End of clause)

52.227-1 Authorization and Consent (Dec 2007)

(a) The Government authorizes and consents to all use and manufacture, in performing this contract or any subcontract at any tier, of any invention described in and covered by a United States patent--

(1) Embodied in the structure or composition of any article the delivery of which is accepted by the Government under this contract; or

(2) Used in machinery, tools, or methods whose use necessarily results from compliance by the Contractor or a subcontractor with (i) specifications or written provisions forming a part of this contract or (ii) specific written instructions given by the Contracting Officer directing the manner of performance. the entire liability to the Government for infringement of a United States patent shall be determ-ined solely by the provisions of the indemnity clause, if any, included in this contract or any subcontract hereunder (including any lower-tier subcontract), and the Government assumes liability for all other infringement to the extent of the authorization and consent hereinabove granted.

(b) The Contractor shall include the substance of this clause, including this paragraph (b), in all subcontracts that are expected to ex-ceed the simplified acquisition threshold. However, omission of this clause from any subcontract, including those at or below the sim-plified acquisition threshold, does not affect this authorization and consent.

(End of clause)

52.229-3 Federal, State and Local Taxes (Apr 2003)

(a) As used in this clause-

"After-imposed Federal tax" means any new or increased Federal excise tax or duty, or tax that was exempted or excluded on the con-tract date but whose exemption was later revoked or reduced during the contract period, on the transactions or property covered by this contract that the Contractor is required to pay or bear as the result of legislative, judicial, or administrative action taking effect after the contract date. It does not include social security tax or other employment taxes.

"After-relieved Federal tax" means any amount of Federal excise tax or duty, except social security or other employment taxes, that would otherwise have been payable on the transactions or property covered by this contract, but which the Contractor is not required to pay or bear, or for which the Contractor obtains a refund or drawback, as the result of legislative, judicial, or administrative action taking effect after the contract date.

RFQ-TDAT-044-11 Page 14 of 31

"All applicable Federal, State, and local taxes and duties" means all taxes and duties, in effect on the contract date, that the taxing au-thority is imposing and collecting on the transactions or property covered by this contract.

"Contract date"means the date set for bid opening or, if this is a negotiated contract or a modification, the effective date of this con-tract or modification.

"Local taxes" includes taxes imposed by a possession or territory of the United States, Puerto Rico, or the Northern Mariana Islands, if the contract is performed wholly or partly in any of those areas.

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

(c) The contract price shall be increased by the amount of any after-imposed Federal tax, provided the Contractor warrants in writing that no amount for such newly imposed Federal excise tax or duty or rate increase was included in the contract price, as a contingency reserve or otherwise.

(d) The contract price shall be decreased by the amount of any after-relieved Federal tax.

(e) The contract price shall be decreased by the amount of any Federal excise tax or duty, except social security or other employment taxes, that the Contractor is required to pay or bear, or does not obtain a refund of, through the Contractor's fault, negligence, or failure to follow instructions of the Contracting Officer.

(f) No adjustment shall be made in the contract price under this clause unless the amount of the adjustment exceeds $250.

(g) The Contractor shall promptly notify the Contracting Officer of all matters relating to any Federal excise tax or duty that reason-ably may be expected toresult in either an increase or decrease in the contract price and shall take appropriate action as the Contracting Officer directs.

(h) The Government shall, without liability, furnish evidence appropriate to establish exemption from any Federal, State, or local tax when the Contractor requests such evidence and a reasonable basis exists to sustain the exemption.

(End of clause)

52.232-18 Availability Of Funds (Apr 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond September 30th of the base year or any option year exer-cised. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropri-ated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30th of the base year or any option year exercised, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

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

(a) It is expressly agreed and understood that this is a nonpersonal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor are rendered in its capacity as an independent con-tractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over professional aspects of the services rendered, including by example, the Contractor's professional medical judgment, diagnosis, or spe-cific medical treatments. The Contractor shall be solely liable for and expressly agrees to indemnify the Government with respect to any liability producing acts or omissions by it or by its employees or agents. The Contractor shall maintain during the term of this con-tract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence:

*1,000,000.00.

(b) An apparently successful offeror, upon request by the Contracting Officer, shall furnish prior to contract award evidence of its in-surability concerning the medical liability insurance required by paragraph (a) of this clause.

(c) Liability insurance may be on either an occurrences basis or on a claims-made basis. If the policy is on a claims-made basis, an ex-tended reporting endorsement (tail) for a period of not less than 3 years after the end of the contract term must also be provided.

(d) Evidence of insurance documenting the required coverage for each health care provider who will perform under this contract shall be provided to the Contracting Officer prior to the commencement of services under this contract. If the insurance is on a claims-made basis and evidence of an extended reporting endorsement is not provided prior to the commencement of services, evidence of such en-

RFQ-TDAT-044-11 Page 15 of 31 dorsement shall be provided to the Contracting Officer prior to the expiration of this contract.