A0002.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE OMB Clearance Control Number :

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

12/07/2011

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

COCODE

Federal Bureau of Prisons Privatized Corrections Contracting

320 FIRST STREET NW

Room 5005

WASHINGTON, DC 20534

6. ISSUED BY CODE7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NO.

RFQ-TDAT-078-11

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

07/08/2011

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning __1__copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitaiton/contract subject matter where feasible.)

The purpose of this amendment to extend the closing date to January 6, 2012, 2:00 p.m., EST and Change the Period of Performance to March 1, 2012 thru February 28, 2017.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Kelvin Bogan

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

12/07/2011

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

RFQ-TDAT-078-11/0002 Page 1 of 34

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)

52.27-103-72 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). . 15 52.212-3 Offeror Representations and Certifications -- Commercial Items (May 2011) 52.212-4 Contract Terms and Conditions--Commercial Items (June 2010) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 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) 52.232-19 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 (Jan 2011)

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)

2.2 Continuation for Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items 52.212-2 Evaluation - Commercial Items (Jan 1999)

RFQ-TDAT-078-11/0002 Page 2 of 34

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 2011- Intake Assessment & Report Base Period: 03/01/12 - 02/28/13

Previous :

35.000000

Change: 0.000000

Current :

35.000000

EA $____________ $___________________

0002 2010- Individual Counseling Base Period: 03/01/12 - 02/28/13

Previous:

1,680.000000

Change: 0.000000

Current :

1,680.000000

EA $____________ $___________________

0003 2020- Group Counseling Base Period: 03/01/12 - 02/28/13

Previous:

2,520.000000

Change: 0.000000

Current :

2,520.000000

EA $____________ $___________________

0004 2030- Family Counseling Base Period: 03/01/12 - 02/28/13

Previous:

64.000000

Change: 0.000000

Current :

64.000000

EA $____________ $___________________

0005 5011- Mental Health Intake and Assessment Base Period: 03/01/12 - 02/28/13

Previous:

5.000000

Change: 0.000000

Current : 5.000000

EA $____________ $___________________

0006 6051- Medication Monitoring Base Period: 03/01/12 - 02/28/13

Previous:

5.000000

Change: 0.000000

Current : 5.000000

EA $____________ $___________________

0007 6010- Individual Mental Health Base Period: 03/01/12 - 02/28/13

Previous: EA $____________ $___________________

RFQ-TDAT-078-11/0002 Page 3 of 34

240.000000

Change: 0.000000

Current :

240.000000

0008 6020- Mental Health Group Base Period: 03/01/12 - 02/28/13

Previous:

360.000000

Change: 0.000000

Current :

360.000000

EA $____________ $___________________

0009 5010- Psychological Evaluation & Report Base Period: 03/01/12 - 02/28/13

Previous:

4.000000

Change: 0.000000

Current : 4.000000

EA $____________ $___________________

0010 5030- Psychiatric Evaluation & Report Base Period: 03/01/12 - 02/28/13

Previous:

5.000000

Change: 0.000000

Current : 5.000000

EA $____________ $___________________

0011 5020- Psychological Testing & Report Base Period: 03/01/12 - 02/28/13

Previous:

2.000000

Change: 0.000000

Current : 2.000000

EA $____________ $___________________

0012 2011- Intake Assessment & Report Option Year 1: 03/01/13 - 02/28/14

Previous:

36.000000

Change: 0.000000

Current :

36.000000

EA $____________ $___________________

0013 2010- Individual Counseling Option Year 1: 03/01/13 - 02/28/14

Previous:

1,728.000000

Change: 0.000000

Current :

1,728.000000

EA $____________ $___________________

0014 2020- Group Counseling Option Year 1: 03/01/13 - 02/28/14

Previous:

2,592.000000

Change: 0.000000

EA $____________ $___________________

RFQ-TDAT-078-11/0002 Page 4 of 34

Current :

2,592.000000

0015 2030- Family Counseling Option Year 1: 03/01/13 - 02/28/14

Previous:

64.000000

Change: 0.000000

Current :

64.000000

EA $____________ $___________________

0016 5011- Mental Health Intake and Assessment Option Year 1: 03/01/13 - 02/28/14

Previous:

5.000000

Change: 0.000000

Current : 5.000000

EA $____________ $___________________

0017 6051- Medication Monitoring Option Year 1: 03/01/13 - 02/28/14

Previous:

5.000000

Change: 0.000000

Current : 5.000000

EA $____________ $___________________

0018 6010- Individual Mental Health Option Year 1: 03/01/13 - 02/28/14

Previous:

240.000000

Change: 0.000000

Current :

240.000000

EA $____________ $___________________

0019 6020- Mental Health Group Option Year 1: 03/01/13 - 02/28/14

Previous:

360.000000

Change: 0.000000

Current :

360.000000

EA $____________ $___________________

0020 5010- Psychological Evaluation & Report Option Year 1: 03/01/13 - 02/28/14

Previous:

4.000000

Change: 0.000000

Current : 4.000000

EA $____________ $___________________

0021 5030- Psychiatric Evaluation & Report Option Year 1: 03/01/13 - 02/28/14

Previous:

5.000000

Change: 0.000000

Current : 5.000000

EA $____________ $___________________

0022 5020- Psychological Testing & Report Option Year 1: 03/01/13 - 02/28/14

Previous: EA $____________ $___________________

RFQ-TDAT-078-11/0002 Page 5 of 34

2.000000

Change: 0.000000

Current : 2.000000

0023 2011- Intake Assessment & Report Option Year 1: 03/01/13 - 02/28/14

Previous:

37.000000

Change: 0.000000

Current :

37.000000

EA $____________ $___________________

0024 2010- Individual Counseling Option Year 2: 03/01/14 - 02/28/15

Previous:

1,776.000000

Change: 0.000000

Current :

1,776.000000

EA $____________ $___________________

0025 2020- Group Counseling Option Year 2: 03/01/14 - 02/28/15

Previous:

2,664.000000

Change: 0.000000

Current :

2,664.000000

EA $____________ $___________________

0026 2030- Family Counseling Option Year 2: 03/01/14 - 02/28/15

Previous:

64.000000

Change: 0.000000

Current :

64.000000

EA $____________ $___________________

0027 5011- Mental Health Intake and Assessment Option Year 2: 03/01/14 - 02/28/15

Previous:

5.000000

Change: 0.000000

Current : 5.000000

EA $____________ $___________________

0028 6051- Medication Monitoring Option Year 2: 03/01/14 - 02/28/15

Previous:

5.000000

Change: 0.000000

Current : 5.000000

EA $____________ $___________________

0029 6010- Individual Mental Health Option Year 2: 03/01/14 - 02/28/15

Previous:

240.000000

Change: 0.000000

RFQ-TDAT-078-11/0002 Page 6 of 34

Current :

240.000000

0030 6020- Mental Health Group Option Year 2: 03/01/14 - 02/28/15

Previous:

360.000000

Change: 0.000000

Current :

360.000000

EA $____________ $___________________

0031 5010- Psychological Evaluation & Report Option Year 2: 03/01/14 - 02/28/15

Previous:

4.000000

Change: 0.000000

Current : 4.000000

EA $____________ $___________________

0032 5030- Psychiatric Evaluation & Report Option Year 2: 03/01/14 - 02/28/15

Previous:

5.000000

Change: 0.000000

Current : 5.000000

EA $____________ $___________________

0033 5020- Psychological Testing & Report Option Year 2: 03/01/14 - 02/28/15

Previous:

2.000000

Change: 0.000000

Current : 2.000000

EA $____________ $___________________

0034 2011- Intake Assessment & Report Option Year 3: 03/01/15 - 02/29/16

Previous:

38.000000

Change: 0.000000

Current :

38.000000

EA $____________ $___________________

0035 2010- Individual Counseling Option Year 3: 03/01/15 - 02/29/16

Previous:

1,824.000000

Change: 0.000000

Current :

1,824.000000

EA $____________ $___________________

0036 2020- Group Counseling Option Year 3: 03/01/15 - 02/29/16

Previous:

2,736.000000

Change: 0.000000

Current :

2,736.000000

RFQ-TDAT-078-11/0002 Page 7 of 34

0037 2030- Family Counseling Option Year 3: 03/01/15 - 02/29/16

Previous:

64.000000

Change: 0.000000

Current :

64.000000

EA $____________ $___________________

0038 5011- Mental Health Intake and Assessment Option Year 3: 03/01/15 - 02/29/16

Previous:

5.000000

Change: 0.000000

Current : 5.000000

EA $____________ $___________________

0039 6051- Medication Monitoring Option Year 3: 03/01/15 - 02/29/16

Previous:

5.000000

Change: 0.000000

Current : 5.000000

EA $____________ $___________________

0040 6010- Individual Mental Health Option Year 3: 03/01/15 - 02/29/16

Previous:

240.000000

Change: 0.000000

Current :

240.000000

EA $____________ $___________________

0041 6020- Mental Health Group Option Year 3: 03/01/15 - 02/29/16

Previous:

360.000000

Change: 0.000000

Current :

360.000000

EA $____________ $___________________

0042 5010- Psychological Evaluation & Report Option Year 3: 03/01/15 - 02/29/16

Previous:

4.000000

Change: 0.000000

Current : 4.000000

EA $____________ $___________________

0043 5030- Psychiatric Evaluation & Report Option Year 3: 03/01/15 - 02/29/16

Previous:

5.000000

Change: 0.000000

Current : 5.000000

EA $____________ $___________________

0044 5020- Psychological Testing & Report Option Year 3: 03/01/15 - 02/29/16

Previous:

2.000000

Change: 0.000000

RFQ-TDAT-078-11/0002 Page 8 of 34

Current : 2.000000

0045 2011- Intake Assessment & Report Option Year 4: 03/01/16 - 02/28/17

Previous:

39.000000

Change: 0.000000

Current :

39.000000

EA $____________ $___________________

0046 2010- Individual Counseling Option Year 4: 03/01/16 - 02/28/17

Previous:

1,872.000000

Change: 0.000000

Current :

1,872.000000

EA $____________ $___________________

0047 2020- Group Counseling Option Year 4: 03/01/16 - 02/28/17

Previous:

2,808.000000

Change: 0.000000

Current :

2,808.000000

EA $____________ $___________________

0048 2030- Family Counseling Option Year 4: 03/01/16 - 02/28/17

Previous:

64.000000

Change: 0.000000

Current :

64.000000

EA $____________ $___________________

0049 5011- Mental Health Intake and Assessment Option Year 4: 03/01/16 - 02/28/17

Previous:

5.000000

Change: 0.000000

Current : 5.000000

EA $____________ $___________________

0050 6051- Medication Monitoring Option Year 4: 03/01/16 - 02/28/17

Previous:

5.000000

Change: 0.000000

Current : 5.000000

EA $____________ $___________________

0051 6010- Individual Mental Health Option Year 4: 03/01/16 - 02/28/17

Previous:

240.000000

Change: 0.000000

Current :

240.000000

RFQ-TDAT-078-11/0002 Page 9 of 34

0052 6020- Mental Health Group Option Year 4: 03/01/16 - 02/28/17

Previous:

360.000000

Change: 0.000000

Current :

360.000000

EA $____________ $___________________

0053 5010- Psychological Evaluation & Report Option Year 4: 03/01/16 - 02/28/17

Previous:

4.000000

Change: 0.000000

Current : 4.000000

EA $____________ $___________________

0054 5030- Psychiatric Evaluation & Report Option Year 4: 03/01/16 - 02/28/17

Previous:

5.000000

Change: 0.000000

Current : 5.000000

EA $____________ $___________________

0055 5020- Psychological Testing & Report Option Year 4: 03/01/16 - 02/28/17

Previous:

2.000000

Change: 0.000000

Current : 2.000000

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 com-munity-based programs. The location where services are to be provided should be with a vendor in Kalamazoo, Michigan. Services must be limited to a 10 miles distance from the U. S. Post Office which is located at 1121 Miller Road, Kalamazoo, Michigan 49001.

Inmates should have access to public transportation. This requirement will ensure that inmates are not subjected to walking long dis-tances during adverse weather.

Quoters shall provide prices for all the services listed.

All references to Residential Re-Entry Center (RRC) and Community Correctional Center (CCC) shall be treated equally for the pur-pose 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 October 1, 2011.

DECISIONAL RULE CRITERIA

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

RFQ-TDAT-078-11/0002 Page 10 of 34

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

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

1. The quoter demonstrates a philosophy that adheres to the cognitive behavioral therapy (CBT) or they use a theoretical model com-patible with CBT (e.g. Motivational Interviewing, Cognitive Mapping, etc.) 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, Goggle, etc.).

3. The quoter has proof that the agency is licensed and/ certified to provide drug abuse and mental health treatment in Michigan. 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 fire code standards. The quoter must submit an updated Fire Code Inspection.

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

7. The quoter must have the name/s and current license/s of someone with prescriptive authority who meets the standards of practice established in (Michigan). A copy of the individual/s current 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 ser-vice. The individual must be licensed in Michigan. 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 Michigan. 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 suicidal inmates. A copy of the quoters plan for emergency situations to include a contingency plan for suicidal inmates.

PRICING

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

DELIVERIES

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

BILLING INFORMATION

The Government will make payment on a monthly basis via Electronic Fund Transfer. Invoices with the contract number should be submitted on a monthly basis in duplicate to the Regional TDAT Coordinator indicated in Item 15 of the SF-1449.

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

Services under this contract may be subcontracted.

Section 3 - Contract Clauses

RFQ-TDAT-078-11/0002 Page 11 of 34

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

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this con-tract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Gov-ernment may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exer-cise its post-acceptance rights --

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this con-tract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by refer-ence. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reason-able control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, includ-ing costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

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

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immedi-ately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reason-able charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have res-ulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost prin-ciples for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon ac-ceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particu-lar purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regu-lations applicable to its performance under this contract.

RFQ-TDAT-078-11/0002 Page 12 of 34

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limita-tions on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement in-tegrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following or-der:

(t) Central Contractor Registration (CCR).

(End of Clause)

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

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

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)

52.232-18 Availability Of Funds (Apr 1984)

52.232-17 Interest (Oct 2010)

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)

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

Proposed for Debarment (Dec 2010)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

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

Clauses by Full Text

RFQ-TDAT-078-11/0002 Page 13 of 34

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

(a) Mr./Ms. Cindy Anderson, Robert Harmon, Melissa Lohman, Kerry Curtis and Carlos J. Acevedo of Federal Bureau of Prisons North Central Region Office, Gateway Tower II, 400 State Ave., Suite 800 Kansas City, Kansas, 66101 , , 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]

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.

RFQ-TDAT-078-11/0002 Page 14 of 34

• 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]

52.209-9 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 proced-ures, 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)

Alternate I (Jan 2011.) As prescribed in 9.104-7(c)(2), redesignate paragraph (a) of the basic clause as paragraph (a)(1) and add the following paragraph (a)(2):

(2) At the first semi-annual update on or after April 15, 2011, the Contractor shall post again any required information that the Con-tractor posted prior to April 15, 2011.

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 first day through the last day of the contracts ef-fective 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-

RFQ-TDAT-078-11/0002 Page 15 of 34 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 identified on the standard form 1449(block 21, quantity) within the current contract period;

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

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

RFQ-TDAT-078-11/0002 Page 16 of 34

(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 30. The Government's obligation for per-formance of this contract beyond that date 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 for performance under this contract beyond September 30, until funds are made available to the Contracting Officer for performance and until the Contractor receives no-tice 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-dorsement shall be provided to the Contracting Officer prior to the expiration of this contract. Final payment under this contract shall be withheld until evidence of the extended reporting endorsement is provided to the Contracting Officer.

(e) The policies evidencing required insurance shall also contain an endorsement to the effect that any cancellation or material change adversely affecting the Government's interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. If, during the performance period of the contract the Contractor changes insurance providers, the Contract-or must provide evidence that the Government will be indemnified to the limits specified in paragraph (a) of this clause, for the entire period of the contract, either under the new policy, or a combination of old and new policies.

(f) The Contractor shall insert the substance of this clause, including this paragraph (f), in all subcontracts under this contract for health care services and shall require such subcontractors to provide evidence of and maintain insurance in accordance with paragraph

(a) of this clause. At least 5 days before the commencement of work by any subcontractor, the Contractor shall furnish to the Contract-ing Officer evidence of such insurance.

(End of clause)

* Contracting Officer insert the dollar value(s) of standard coverage(s) prevailing within the local community as to the specific medic-al specialty, or specialties, concerned, or such higher amount as the Contracting Officer deems necessary to protect the Government's interests.

[END OF ADDENDUM TO FAR 52.212-4]

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 2011)

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

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

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

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

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

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

RFQ-TDAT-078-11/0002 Page 17 of 34

[Contracting Officer check as appropriate.]

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

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

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

XX (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C.

6101 note).

___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

XX (6) 52.209-6, Protecting the Government’ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).

___ (7) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Public Law 111-117, section 743 of Division D of Public Law 111-8, and section 745 of Division D of Public Law 110-161).

___ (8) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a).

XX (9) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (10) [Reserved] ___ (11) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-6.

___ (iii) Alternate II (Mar 2004) of 52.219-6.

___ (12) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

XX (13) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

XX (14) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637 (d)(4).)

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

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

___ (iv) Alternate III (July 2010) of 52.219-9.

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

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

___ (17) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C.

2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

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

___ (18) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L.

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

___ (19) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L.