SF33.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER OMB Clearance Control Number:

1103-0018

5. SOLICITATION NUMBER

RFQ-TDAT-051-12

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

01/06/2012

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Sarah Ellis

b. TELEPHONE NUMBER (No collect calls)

202-616-1647

8. OFFER DUE DATE / LOCAL

TIME

02/08/2012 02:00:00

CODE CO

Federal Bureau of Prisons TDAT Contracting Section

320 FIRST STREET NW

Room 5005

WASHINGTON, DC 20534

9. ISSUED BY

X UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL BUSINESS

SERVICE-DISABLED VETERAN

OWNED SMALL BUSINESS

8(A)

NAICS: 621420

SIZE STANDARD: D06

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

MXRCODE15. DELIVER TO

Federal Bureau of Prisons Mid Atlantic Regional Office 302 Sentinel Drive Suite 200 Annapolis Junction, MD 20701

CODE CO16. ADMINISTERED BY

Federal Bureau of Prisons TDAT Contracting Section

320 FIRST STREET NW

Room 5005

WASHINGTON, DC 20534

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

MXRCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons Mid Atlantic Regional Office 302 Sentinel Drive Suite 200 Annapolis Junction, MD 20701

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

SEE ADDENDUM

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

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Provide Sex Offender Treatment Services in the Washington, DC area.

D06 Size Standard = $10,000,001-$17,000,001

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

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

TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. __________ OFFER DATED __________.

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

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

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

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (Type or print)

Sarah Ellis

31c. DATE SIGNED

01/06/2012

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 10/2010)

Prescribed by GSA - FAR (48 CFR) 53.212

RFQ-TDAT-051-12 Page 1 of 30

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 NO. 39. S/R VOUCHER NUMBER 40. PAID BY

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

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

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 10/2010) BACK

RFQ-TDAT-051-12 Page 2 of 30

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule 3 Contract Clauses

2852.201-70 Contracting Officer's Technical Representative (COTR) (JAN 1985) 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

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) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jan 2011). . 13 52.212-3 Offeror Representations and Certifications (NOV 2011) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (NOV 2011) 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) 52.222-54 Employment Eligibility Verification (Sept 2009) 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)

52.242.1502 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (April 2011)

4 List of Attachments 5 Solicitation Provisions

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005). . . 22

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-051-12 Page 3 of 30

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 5012 - Sex Offender Specific Psychological Evaluation and Report Estimated 36 inmates x 1 unit per inmate

Base Period

Line Period of Performance: 06/01/2012 - 05/31/2013

36.000000 EA $____________ $___________________

0002 6012 - Individual Counseling (1 unit = 30 mins) Estimated 36 inmates x 24 units per inmate

Base Period

Line Period of Performance: 06/01/2012 - 05/31/2013

864.000000 EA $____________ $___________________

0003 6022 - Group Counseling (1 unit = 30 mins) Estimated 36 inmates x 96 units per inmate

Base Period

Line Period of Performance: 06/01/2012 - 05/31/2013

3,456.000000 EA $____________ $___________________

0004 6032 - Family Counseling (1 unit = 30 mins) Estimated 36 inmates x 12 units per inmate

Base Period

Line Period of Performance: 06/01/2012 - 05/31/2013

432.000000 EA $____________ $___________________

0005 5020 - Psychosexual Testing and Report Estimated 36 inmates x 1 unit per inmate

Base Period

Line Period of Performance: 06/01/2012 - 05/31/2013

36.000000 EA $____________ $___________________

0006 5021 - Penile Plethysmograph and Report Estimated 36 inmates x 1 unit per inmate

Base Period

Line Period of Performance: 06/01/2012 - 05/31/2013

36.000000 EA $____________ $___________________

0007 5022 - Polygraph Exam and Report Estimated 36 inmates x 1 unit per inmate

Base Period

Line Period of Performance: 06/01/2012 - 05/31/2013

36.000000 EA $____________ $___________________

0008 5023 - Polygraph Maintenance or Monitoring Test and Report Estimated 36 inmates x 1 unit per inmate

Base Period

Line Period of Performance: 06/01/2012 - 05/31/2013

36.000000 EA $____________ $___________________

0009 5025 - Abel Assessment for Sexual Interests Estimated 36 inmates x 1 unit per inmate

Base Period

Line Period of Performance: 06/01/2012 - 05/31/2013

36.000000 EA $____________ $___________________

0010 1202 - Client Transportation Estimated 36 inmates x 24 units per inmate

Base Period

Line Period of Performance: 06/01/2012 - 05/31/2013

864.000000 EA $____________ $___________________

0011 5012 - Sex Offender Specific Psychological Evaluation and Report Estimated 36 inmates x 1 unit per inmate

Option Year 1

36.000000 EA $____________ $___________________

RFQ-TDAT-051-12 Page 4 of 30

Line Period of Performance: 06/01/2013 - 05/31/2014

0012 6012 - Individual Counseling (1 unit = 30 mins) Estimated 36 inmates x 24 units per inmate

Option Year 1

Line Period of Performance: 06/01/2013 - 05/31/2014

864.000000 EA $____________ $___________________

0013 6022 - Group Counseling (1 unit = 30 mins) Estimated 36 inmates x 96 units per inmate

Option Year 1

Line Period of Performance: 06/01/2013 - 05/31/2014

3,456.000000 EA $____________ $___________________

0014 6032 - Family Counseling (1 unit = 30 mins) Estimated 36 inmates x 12 units per inmate

Option Year 1

Line Period of Performance: 06/01/2013 - 05/31/2014

432.000000 EA $____________ $___________________

0015 5020 - Psychosexual Testing and Report Estimated 36 inmates x 1 unit per inmate

Option Year 1

Line Period of Performance: 06/01/2013 - 05/31/2014

36.000000 EA $____________ $___________________

0016 5021 - Penile Plethysmograph and Report Estimated 36 inmates x 1 unit per inmate

Option Year 1

Line Period of Performance: 06/01/2013 - 05/31/2014

36.000000 EA $____________ $___________________

0017 5022 - Polygraph Exam and Report Estimated 36 inmates x 1 unit per inmate

Option Year 1

Line Period of Performance: 06/01/2013 - 05/31/2014

36.000000 EA $____________ $___________________

0018 5023 - Polygraph Maintenance or Monitoring Test and Report Estimated 36 inmates x 1 unit per inmate

Option Year 1

Line Period of Performance: 06/01/2013 - 05/31/2014

36.000000 EA $____________ $___________________

0019 5025 - Abel Assessment for Sexual Interests Estimated 36 inmates x 1 unit per inmate

Option Year 1

Line Period of Performance: 06/01/2013 - 05/31/2014

36.000000 EA $____________ $___________________

0020 1202 - Client Transportation Estimated 36 inmates x 24 units per inmate

Option Year 1

Line Period of Performance: 06/01/2013 - 05/31/2014

864.000000 EA $____________ $___________________

0021 5012 - Sex Offender Specific Psychological Evaluation and Report Estimated 36 inmates x 1 unit per inmate

Option Year 2

Line Period of Performance: 06/01/2014 - 05/31/2015

36.000000 EA $____________ $___________________

0022 6012 - Individual Counseling (1 unit = 30 mins) Estimated 36 inmates x 24 units per inmate

Option Year 2

Line Period of Performance: 06/01/2014 - 05/31/2015

864.000000 EA $____________ $___________________

0023 6022 - Group Counseling (1 unit = 30 mins) Estimated 36 inmates x 96 units per inmate

Option Year 2

Line Period of Performance: 06/01/2014 - 05/31/2015

3,456.000000 EA $____________ $___________________

RFQ-TDAT-051-12 Page 5 of 30

0024 6032 - Family Counseling (1 unit = 30 mins) Estimated 36 inmates x 12 units per inmate

Option Year 2

Line Period of Performance: 06/01/2014 - 05/31/2015

432.000000 EA $____________ $___________________

0025 5020 - Psychosexual Testing and Report Estimated 36 inmates x 1 unit per inmate

Option Year 2

Line Period of Performance: 06/01/2014 - 05/31/2015

36.000000 EA $____________ $___________________

0026 5021 - Penile Plethysmograph and Report Estimated 36 inmates x 1 unit per inmate

Option Year 2

Line Period of Performance: 06/01/2014 - 05/31/2015

36.000000 EA $____________ $___________________

0027 5022 - Polygraph Exam and Report Estimated 36 inmates x 1 unit per inmate

Option Year 2

Line Period of Performance: 06/01/2014 - 05/31/2015

36.000000 EA $____________ $___________________

0028 5023 - Polygraph Maintenance or Monitoring Test and Report Estimated 36 inmates x 1 unit per inmate

Option Year 2

Line Period of Performance: 06/01/2014 - 05/31/2015

36.000000 EA $____________ $___________________

0029 5025 - Abel Assessment for Sexual Interests Estimated 36 inmates x 1 unit per inmate

Option Year 2

Line Period of Performance: 06/01/2014 - 05/31/2015

36.000000 EA $____________ $___________________

0030 1202 - Client Transportation Estimated 36 inmates x 24 units per inmate

Option Year 2

Line Period of Performance: 06/01/2014 - 05/31/2015

864.000000 EA $____________ $___________________

0031 5012 - Sex Offender Specific Psychological Evaluation and Report Estimated 36 inmates x 1 unit per inmate

Option Year 3

Line Period of Performance: 06/01/2015 - 05/31/2016

36.000000 EA $____________ $___________________

0032 6012 - Individual Counseling (1 unit = 30 mins) Estimated 36 inmates x 24 units per inmate

Option Year 3

Line Period of Performance: 06/01/2015 - 05/31/2016

864.000000 EA $____________ $___________________

0033 6022 - Group Counseling (1 unit = 30 mins) Estimated 36 inmates x 96 units per inmate

Option Year 3

Line Period of Performance: 06/01/2015 - 05/31/2016

3,456.000000 EA $____________ $___________________

0034 6032 - Family Counseling (1 unit = 30 mins) Estimated 36 inmates x 12 units per inmate

Option Year 3

Line Period of Performance: 06/01/2015 - 05/31/2016

432.000000 EA $____________ $___________________

0035 5020 - Psychosexual Testing and Report Estimated 36 inmates x 1 unit per inmate

Option Year 3

Line Period of Performance: 06/01/2015 - 05/31/2016

RFQ-TDAT-051-12 Page 6 of 30

0036 5021 - Penile Plethysmograph and Report Estimated 36 inmates x 1 unit per inmate

Option Year 3

Line Period of Performance: 06/01/2015 - 05/31/2016

36.000000 EA $____________ $___________________

0037 5022 - Polygraph Exam and Report Estimated 36 inmates x 1 unit per inmate

Option Year 3

Line Period of Performance: 06/01/2015 - 05/31/2016

36.000000 EA $____________ $___________________

0038 5023 - Polygraph Maintenance or Monitoring Test and Report Estimated 36 inmates x 1 unit per inmate

Option Year 3

Line Period of Performance: 06/01/2015 - 05/31/2016

36.000000 EA $____________ $___________________

0039 5025 - Abel Assessment for Sexual Interests Estimated 36 inmates x 1 unit per inmate

Option Year 3

Line Period of Performance: 06/01/2015 - 05/31/2016

36.000000 EA $____________ $___________________

0040 1202 - Client Transportation Estimated 36 inmates x 24 units per inmate

Option Year 3

Line Period of Performance: 06/01/2015 - 05/31/2016

864.000000 EA $____________ $___________________

0041 5012 - Sex Offender Specific Psychological Evaluation and Report Estimated 36 inmates x 1 unit per inmate

Option Year 4

Line Period of Performance: 06/01/2016 - 05/31/2017

36.000000 EA $____________ $___________________

0042 6012 - Individual Counseling (1 unit = 30 mins) Estimated 36 inmates x 24 units per inmate

Option Year 4

Line Period of Performance: 06/01/2016 - 05/31/2017

864.000000 EA $____________ $___________________

0043 6022 - Group Counseling (1 unit = 30 mins) Estimated 36 inmates x 96 units per inmate

Option Year 4

Line Period of Performance: 06/01/2016 - 05/31/2017

3,456.000000 EA $____________ $___________________

0044 6032 - Family Counseling (1 unit = 30 mins) Estimated 36 inmates x 12 units per inmate

Option Year 4

Line Period of Performance: 06/01/2016 - 05/31/2017

432.000000 EA $____________ $___________________

0045 5020 - Psychosexual Testing and Report Estimated 36 inmates x 1 unit per inmate

Option Year 4

Line Period of Performance: 06/01/2016 - 05/31/2017

36.000000 EA $____________ $___________________

0046 5021 - Penile Plethysmograph and Report Estimated 36 inmates x 1 unit per inmate

Option Year 4

Line Period of Performance: 06/01/2016 - 05/31/2017

36.000000 EA $____________ $___________________

0047 5022 - Polygraph Exam and Report Estimated 36 inmates x 1 unit per inmate

Option Year 4

Line Period of Performance: 06/01/2016 - 05/31/2017

RFQ-TDAT-051-12 Page 7 of 30

0048 5023 - Polygraph Maintenance or Monitoring Test and Report Estimated 36 inmates x 1 unit per inmate

Option Year 4

Line Period of Performance: 06/01/2016 - 05/31/2017

36.000000 EA $____________ $___________________

0049 5025 - Abel Assessment for Sexual Interests Estimated 36 inmates x 1 unit per inmate

Option Year 4

Line Period of Performance: 06/01/2016 - 05/31/2017

36.000000 EA $____________ $___________________

0050 1202 - Client Transportation Estimated 36 inmates x 24 units per inmate

Option Year 4

Line Period of Performance: 06/01/2016 - 05/31/2017

864.000000 EA $____________ $___________________

2.1 CONTINUATION OF SF-1449, BLOCK 20

SCHEDULE OF SUPPLIES/SERVICES

The contractor shall be capable of providing outpatient sex offender treatment services to offenders confined in community-based programs. The location where services are to be provided must be located in Washington, DC or Maryland; must be within 10 miles of the U.S. Probation office located at 333 Constitution Avenue, NW, Suite 2214, Washington, DC, 20001; and must be located within ½ mile of local public transportation stops.

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 June 1, 2012.

Transitional Drug Abuse Treatment Decisional Rule Criteria Lowest Price Technic-ally Acceptable:

Quoters must clearly demonstrate the capability to meet all of the following Decisional Rule Criteria

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 must submit a mission statement that reflects their use of CBT. Note any affiliation with ATSA.

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

3. The quoter has proof that the agency is licensed and/ certified to provide sex offender treatment in the State or District in which services will be provided. The quoter must submit a copy of the current agency license and/or certification for the license required in the State or District where services will be provided to conduct treatment services for sex offenders.

4. The quoter’s proposed facility is currently available to provide the services required in the Statement of Work and does not present a conflict of interest for sex offenders. The quoter must submit a deed, leases, bill of

RFQ-TDAT-051-12 Page 8 of 30 sale, options to lease, or option to buy.

5. The quoter clearly demonstrats proof the facility where services are to be performed meets all fire code standards. The quoter must submit a Fire Code Inspection completed within the past 12 months.

6. The quoter clearly demonstrates the facility is accessible to or accommodates inmates with disabilities. The quoter must submit documentation showing the proposed facility is accessible to or accommodates inmates with disabilities. This may be done by ADA documentation or a personal statement detailing a plan for accommoda-tions.

7. The quoter has included the name(s), position, education, experience, years of experience, and license (s) of those individuals that will provide direct services. The quoter must submit a list of name(s) and position of each staff and a resume of each staff providing direct services. The resume must include specialized experience and years of experience. The resume must list the highest degree received. Minimum Master’s Degree required.

8. The quoter has an individual on staff or has subcontracted with someone or has an agreement with someone to provide clinical supervision for all staff providing direct service. The individual must be licensed in the State or District in which performance will occur to provide service. The quoter must submit copy of the individual’s current license from the licensing board. They must meet requirements of the state or district licensing board and/or ATSA.

9. If the quoter is a primary contractor subcontracting services, the primary contractor must be licensed in the State or District in which services are performed. The quoter must submit a copy of the primary contractor’s current license in the State or District in which performance occurs.

10. The quoter must demonstrate they have plans for emergency situations, to include a contingency plan for suicidal inmates. The quoter must submit a copy of their plan for emergency situations to include a contingency plan for suicidal inmates.

PRICING

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

DELIVERIES

In accordance with Federal Acquisition Regulation (FAR) 16.505, and the clause located in FAR 52.216-18, Ordering, states that any supplies or services to be furnished under this contract shall be ordered by issuance of task orders by a warranted Contracting Officer in the TDAT Contracting Office.

BILLING INFORMATION

The Government will make payment on a monthly basis via Electronic Fund Transfer. Invoices with the con-tract number should be submitted on a monthly basis in duplicate to the Regional TDAT Coordinator indicated in Item 15 of the SF-1449. The invoice shall include the buisness size standard on all invoices submitted for payment.

RFQ-TDAT-051-12 Page 9 of 30

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)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007)

52.227-1 Authorization and Consent (Dec 2007)

52.224-2 Privacy Act (Apr 1984)

52.224-1 Privacy Act Notification (Apr 1984)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

Clauses by Full Text

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

(a) Mr./Ms. Cathy Thompson (Lead COTR), Joanne Parke-Davison, Stephen Confair, Stacy Freeman, and Sherri Bisci of Federal Bur-eau of Prisons Midatlant Regional Office, [Building], [Address], [Area Code & Telephone No.], is hereby designated to act as Con-tracting 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)

52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I.1. Long-Term Contractor Personnel:

In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 con-tractor employee whose background investigation (BI) process begins on or after October 27, 2005:a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form I-9, OMB No.

1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued pic-ture ID);

RFQ-TDAT-051-12 Page 10 of 30

b. Contractor Personnel must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed sometime during the clearance process but prior to badge issuance and must be documented by the DOJ official;

c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position.

Outlined below are the minimum BI requirements for each risk level:

• High Risk - Background Investigation (5 year scope)

• Moderate Risk - Limited Background Investigation (LBI) or Minimum Background Investigation (MBI)

• Low Risk - National Agency Check with Inquiries (NACI) investigation

d. The pre-appointment BI waiver requirements for all position sensitivity levels are a:

1) Favorable review of the security questionnaire form; 2) Favorable fingerprint results; 3) Favorable credit report, if required;3 4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level;

and 5) Favorable review of the National Agency Check (NAC) 4 portion of the applicable BI that is determined by position sensitivity/ risk level.

A badge may be issued following approval of the above waiver requirements.If the NAC is not received within five days of OPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau of Invest-igation Criminal History Check (i.e., fingerprint check results). e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges issued under these procedures will be suspended or revoked.2. Short- Term Contractor Personnel:

It is the policy of the DOJ that short-term contractors having access to DOJ information systems and/or DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items 1a. and 1b. above. The pre-appointment waiver re-quirements for short-term contractors are:

a. Favorable review of the security questionnaire form; b. Favorable fingerprint results; c. Favorable credit report, if required;5 and d.

Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commensur-ate BI does not need to be initiated.

A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of is-suance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PIV-I identity proofing process.

For example, if a contractor employee requires daily access for a three or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a second request is submitted for the same contractor employee within a twelve-month period for the purpose of extending the initial contract or for employment under a totally different contract for another three or four-week period, this contractor would now be considered "long-term" and must be cleared according to the long-term requirements as stated in this interim policy.

3. Intermittent Contractors:

An exception to the above-mentioned short-term requirements would be intermittent contractors.

a. For purposes of this policy, "intermittent" is defined as those contractor employees needing access to DOJ information systems and/ or DOJ facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For ex-ample, the water delivery contractor that delivers water one time each week and is working on a one-year contract.

b. Contractors requiring intermittent access should follow the Department's escort policy. Please reference the August 11, 2004, and January 29, 2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted ac-cess.

c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contract-or, the same pre-employment background investigation waiver requirements that apply to short-term contractors are required.

d. If an intermittent contractor is approved for unescorted access, the contractor will only be issued a daily badge. The daily badge will be issued upon entrance into a DOJ facility or space and must be returned upon exiting the same facility or space.

e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year. 4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated BI meeting HSPD-12 and DOJ's BI requirements.

5. The DOJ's current escorted contractor policy remains unchanged by this acquisition notice.

Notes:

1. FIPS 201 is available at: www.csrc.nist.gov/publications/fips/fips201/FIPS-201-022505.pdf

2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-I identity proofing process, including initiation and adjudication of the required background investiga-tion, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-II) requires badge issuance to all affected long-term contractors.

3. For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-

RFQ-TDAT-051-12 Page 11 of 30 appointment waiver package.

4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations to OPM. Per OPM ' s instructions, to obtain an Advance NAC Report, a Code " 3" must be placed in block " B " of the " Agency Use Only " section of the investigative form. This report is available for all case types.

5.For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package.

[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]

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

RFQ-TDAT-051-12 Page 12 of 30 work diligently with the Department to develop a strategy for maintaining the continuity of operations.

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

[End of Clause]

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jan 2011)

(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 posting the required information in the Central Contractor Registration data-base at http://www.ccr.gov.

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

(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)(i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act pro-cedures, including, where appropriate, procedures promulgated under E.O. 12600.

(ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past per-formance reviews, will be publicly available.

(End of clause)

52.216-18 Ordering (Oct 1995)

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

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

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

(End of clause)

52.216-19 Order Limitations (Oct 1995)

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

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

(1) Any order for a single item in excess of the estimated quantities indentified on the SF-1449 (Block 21, Quantity) within the current contract performance period;

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

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

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

(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)

RFQ-TDAT-051-12 Page 13 of 30

52.216-21 Requirements (Oct 1995)

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

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

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

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

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

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

(End of clause)

52.217-8 Option to Extend Services (Nov 1999)

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

(End of clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within the current contrac period;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an ex-tension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years (excluding the exercise of any option under the clause 52.217-8, Option to Extend Services).

(End of clause)

52.222-54 Employment Eligibility Verification (Sept 2009)

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

"Commercially available off-the-shelf (COTS) item"--

(1) Means any item of supply that is--

(i) A commercial item (as defined in paragraph (1) of the definition at 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products. Per 46 CFR 525.1(c)(2), ‘‘bulk cargo’’ means cargo that is loaded and carried in bulk onboard ship without mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intermodal equipment, except LASH or Seabee barges, is subject to mark and count and, therefore, ceases to be bulk cargo.

"Employee assigned to the contract" means an employee who was hired after November 6, 1986, who is directly performing work, in

RFQ-TDAT-051-12 Page 14 of 30 the United States, under a contract that is required to include the clause prescribed at 22.1803. An employee is not considered to be directly performing work under a contract if the employee -

(1) Normally performs support work, such as indirect or overhead functions; and

(2) Does not perform any substantial duties applicable to the contract.

"Subcontract" means any contract, as defined in 2.101, entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications topurchase orders.

"Subcontractor" means any supplier,distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or an-other subcontractor.

"United States", as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto Rico, Guam, and the U.S.

Virgin Islands.

(b) Enrollment and verification requirements. (1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of con-tract award, the Contractor shall--

(i) Enroll. Enroll as a Federal Contractor in the E-Verify program within 30 calendar days of contract award;

(ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin to use E-Verify to initiate verific-ation of employment eligibility of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); and

(iii) Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification within 90 calendar days after date of enrollment or within 30 calendar days of the employee’s assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).

(2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall use E-Verify to ini-tiate verification of employment eligibility of--

(i) All new employees. (A) Enrolled 90 calendar days or more. The Contractor shall initiate verification of all new hires of the Con-tractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or

(B) Enrolled less than 90 calendar days.Within 90 calendar days after enrollment as a Federal Contractor in E-Verify, the Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the con-tract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or

(ii) Employees assigned to the contract. For each employee assigned to the contract, the Contractor shall initiate verification within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).

(3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a State or local government or the govern-ment of a Federally recognized Indian tribe; or a surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond, the Contractor may choose to verify onlyemployees assigned to the contract, whether existing em-ployees or new hires. The Contractor shall follow the applicable verification requirements at (b)(1) or (b)(2), respectively, except that any requirement for verification of new employees applies only to new employees assigned to the contract.

(4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all existing employees hired after November 6, 1986, rather than just those employees assigned to the contract. The contractor shall initiate verification for each existing employee working in the United States who was hired after November 6, 1986, within 180 calendar days of--

(i) Enrollment in the E-Verify program; or

(ii) Notification to E-Verify Operations of the Contractor’s decision to exercise this option, using the contact information provided in the E-Verify program Memorandum of Understanding (MOU).

(5) The Contractor shall comply, for the period of performance of this contract, with the requirements of the E-Verify program MOU.

(i) The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the Contractor’s MOU and deny access to the E-Verify system in accordance with the terms of the MOU. In such case, the Contractor will be referred to a suspension or debarment official.

(ii) During the period between terminationof the MOU and a decision by the suspension or debarment official whether to suspend or debar, the Contractor is excused from its obligations under paragraph (b) of this clause. If the suspension or debarment official determ-ines not to suspend or debar the Contractor, then the Contractor must reenroll in E-Verify.

(c) Website. Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify.

RFQ-TDAT-051-12 Page 15 of 30

(d) Individuals previously verified. The Contractor is not required by this clause to perform additional employment verification using E-Verify for any employee--

(1) Whose employment eligibility was previously verified by the Contractor through the E-Verify program;

(2) Who has been granted and holds an active U.S. Government security clearance for access to confidential, secret, or top secret in-formation in accordance with the National Industrial Security Program Operating Manual; or

(3) Who has undergone a completed background investigation and been issued credentials pursuant to Homeland Security Presidential Directive (HSPD)--12, Policy for a Common Identification Standard for Federal Employees and Contractors.

(e) Subcontracts. The Contractor shall include the requirements of this clause, including this paragraph (e) appropriately modified for identification of the parties), in each subcontract that --

(1) Is for - (i) Commercial or noncommercial services (except for commercial services that are part of the purchase of a COTS item (or an item that would be a COTS item, but for…